1996-242Z95007B
ORDINANCE NO ~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
TO THE COMMERCIAL CONDITIONED (C[c]) ZONING DISTRICT CLASSIFICA-
TION AND USE DESIGNATION FOR 3 753 ACRES OF LAND LOCATED ON THE
SOUTH SIDE OF 1-35E, APPROXIMATELY 350 FEET SOUTHEAST FROM ITS
INTERSECTION WITH LINDSEY STREET, AND MORE PARTICULARLY DESCRIBED
IN EXHIBIT 1, ATTACHED HERETO AND INCORPORATED BY REFERENCE
HEREIN, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, Arthur J Anderson, on behalf of RPS Ventures,
Inc , had applied for a rezonlng of the subject property legally
described in Exhibit 1, and
WHEREAS, the Planning and Zoning Commission on October 30,
1996, unanimously recommended approval of the change in zonmng,
and
WHEREAS, the Cmty Councml finds that the change mn zonmng
wmll be in compliance with the Denton Development Plan, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the zoning dlstrmct classlfmcatlon and use
designation of the 3 75 acres of land described in Exhibit 1,
attached hereto and mncorporated mnto this ordinance by refer-
ence, is changed from its existing zonmng district classlflcatmon
and use designation to the Commercial Conditioned (C[c]) zoning
dmstrlct classlflcatmon and use deslgnatmon under the comprehen-
sive zoning ordinance of the Cmty of Denton, Texas, subject to
the following restrlctmve conditions
1 Permitted uses are restricted to the uses described in
Exhibit 2, attached hereto and mncorporated by refer-
ence herein, the uses l~sted mn Exhibit 3, attached
hereto and incorporated by reference heremn, are ex-
pressly prohibited
2 No structure shall exceed two (2) stories mn height
3 Access to the subject property shall be taken from the
1-35E frontage road
4 No direct mllumznatzon of ad]acent land zoned and used
for single family residences shall be allowed
5 Drainage improvements on the portmon of the property
that drains to the south shall be constructed prior to
any development of that portmon of the property, mn
accordance with the Code of Ordinances of the City of
Denton
6 Stormwater drainage on the portion of the property that
drains to the north must continue to drain to the
north
7 Walls, fences, and trees shall be provided as per the
Code of Ordinances of the City of Denton
8 Any permitted swim or tennis clubs may not be operated
between the hours of 10 00 p m and 10 00 a m
9 For the purposes of this ordinance, references in the
exhibits to "m~nlwarehouses" shall mean structures
containinG separate storage spaces of varyinG sizes
leased or rented on an individual basis
SECTION II. That the City's official zoninG map is amended
to show the change in zoning district classification
SECTION III That any person violatinG any provision of
this ordinance shall, upon conviction, be fined a sum not exceed-
inG $2,000 00 Each day that a provision of this ordlnance is
violated shall constitute a separate and distinct offense
SECTION IV That this ordinance shall become effective
fourteen (14) days from the date of its passage, and the City
Secretary ~s hereby dlrected to cause the caption of this ordI-
nance to be published twice in the Denton Record-Chronicle, a
daily newspaper published an the C~ty of Denton, Texas, within
ten (10) days of the date of its passage
PASSED AND APPROVED this the ~'/day of ~~.~1996
JACK~ LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
AL~ ,~ha~ cern&in lot. tract, or parcel of land situs
Tex&e &nd be Lng mo~e nert~cu~--,- ~ ..... n, Denton County.
r '~'*y uescrLDe~ as ~ollowl
BEGI~INO at the northeast corner of a tract mho~ by deed to Boyd
Morrseon, recorded ~n Volume 29:3, Page l&l Rea] Property Records
~nton County Texas;
THENCE west a dsstance of 316 23 feet :o the northwest corner of a
tract deeded to Harold E Ferguson recorded sn Volume 940, Page
~ed Records,
THENCE north 0· ~8' ~2' west a dsstance o~ 17~ 61 feet co
southeast corner of a tract deeded to ~nton Baptsst ~socLatson
recorded zn Volume ~90~. Page 698 Real Property Records,
~ENCE north 0' 39' east w~th the east l~ne of sasd Denton Baptss:
~socsation tract passing at 300 65 feet ~c's northeast Corner and
conC~nusng on sasd bearsng a octal dsstance c~ 668 20 fee: :o a
posnt sn the center l~ne o~ : H 35E,
THENCE south 47· S0' 42' east w:th the center i:ne of IH 35E
dss:shoe of 199 &l feet to the POSh: cf ~acure of a cu~e :o
le~:, thru a cen:ral angle o: )e 3~' 24', rads.s o~ 3274 05 feet
and length of 208 95 feet to a posnt ~cr corner,
T~ENCE south 2~e 00' west a dsscance of 479 53 fee: co a po:r:
THENCE sou:h SSo O0' ess: a d:s:~nce of 25~ 2~ fee: :u :~e Po.-:
EXHIBIT 2
LIST OF PERMITTED USES
Amusement, Commercial (indoor)
Park or Playground (public)
Play F~eld or Stadium (public)
Restau rant
Retail Stores and Shops 4,000 Square Feet or Less
Retail Stores and Shops Over 4,000 Square Feet
Studio for Photographer, Musician, Artist, or Health
Animal Chn~c or Hospital (no outside runs or pens)
Greenhouse or Plant Nursery
L~brary (pubhc)
Monastery or Convent
Nursing Home or Residence Home for Aged
Park, Playground or Public Commumty Center
School, Private Pnmary or Secondary
School, Pubhc or Denomlnahonal
School, Bus~ness or Trade
Community Center (private)
Home Occupation
Telephone L~ne and Exchange Switch~ng or Relay Station
Auto Laundry
Auto Sales and Repair (~n building)
New Auto Parts Sales Stores
Antique Shop
Bakery or Confectionery Shop (retail)
Cafeteria
Cleaning and Pressing Small Shop and P~ckup
Custom Personal Service Shop
Drapery, Needlework or Weawng Shop
Florist or Garden Shop
Greenhouse or Plant Nursery (retail)
Hand~craft Shop
Household Appliance Service and Repair
M~meograph, Stationery or Letter Shop
Mortuary or Funeral Parlor
Offices, Professional and Adm~n~strabve
Off-Premises Sale of Beer and/or W~ne
Sales or Storage Warehouse (mlnlwarehouses only, all others prohibited)
One Family Dwelling Restricted
Art Gallery or Museur~
Church or Rectory
College or University or Private School
Day Nursery or K~ndergarten
Hospital (General Acute Care)
Hospital (Chronic Care)
FJOIIBIT?--.i,
Institutions of Rehg~ous or Philanthropic Nature
Sw~m or Tennis Club
Cemetery or Mausoleum
Permitted with Approval of a Speclfm Use Permit
Fraternity, Soronty, Lodge or C~v~c Club
EXHIBIT 3
LIST OF PROHIBITED USES
Community Unit Development
Dormitory, Boarding or Rooming House
Hotel or Motel
Community Center (Pubhc)
Day Camp
Group Homes
Halfway House
Home for Care of Alcohohc, Narcotic or Psychiatric Patients
Occasional Sales
Accessory Building
Electrical Substation
Electrical Transmission L~ne
Temporary F~eld or Construction Ofhce (Approval and Control by Building Official)
F~re Stabon or Similar Public Safety Building
Gas Transmission L~ne and Metering Station
Off Street Parking Incidental to Ma~n Use
Off Street Remote Parking
Pubhc Building, Shop, Yard of Local, State, or Federal Government
Radio and/or Television M~crowave Tower
Sewage Pumping Stabon
Private Swimming Pool
Telephone, Business Office
Water Reservoir, Water Pumping Station or Well
Water Treatment Plant
Amusement, Commercial (Outdoor)
Country Club (Private) with Golf Course
Dance Hall or Night Club
Fairground or Exhibition Area
Pubhc Golf Course
Commercial Golf Course
Rodeo Grounds
Roller or Ice Skating R~nk
Sexually Oriented Bus~ness
Stable, Private Club
Stable, Commercial Rental
Stable, Boarding
Theater, Dnve-~n
Theater, Other than Drive-~n Type
A~rport Landing Reid or Hehport
Bus Station or Terminal
Hauhng or Storage Company
Motor Freight Terminal
Railroad Freight Terminal
Railroad Passenger Station
EXIflBIT
Radroad Track or R~ght-of-Way
Radroad Team Track
Truck Parking Lot
Commem~al Parking Lot or Structure
Auto Painting and Body Repair
Gasohne Service Station
New or Used Car Sales Lot (In Open)
Seat Cover and Muffler Installation Shop
T~re Retreading or Capping
Used Auto Parts Sales (In Budding)
Laundry or Cleaning Self Service
On Premise Sale of Beer and/or Wine
L~censed Private Club
Pawn Shop
Secondhand Store, Used Furniture or Rummage Sale
Tool or Trader Rental
Animal Chnic, Hospital or Kennel (w~th outside runs or pens)
Farm or Ranch
Hatchery, Poultry
Bakery (Wholesale)
Building Mater~al Sales
Cabinet and Upholstery Shop
Cleaning and Dyeing Plant (Commercial)
Cleaning Plant, Bags or Carpets (Special Equipment)
Clothing Manufacture or L~ght Compounding or Fabrication
Contractors Shop and Storage Yard
Engine and Motor repairing
Feed Store
Heavy Machinery Sales and Storage
Job Prinbng or Newspaper Printing
Laundry Plant (Commermal)
Mdk Depot, Dairy, or Ice Cream Plant
Paint Shop
Plumbing Shop
Scientific or Research Laboratories
Storage and Sales of Furniture or Apphances (Outside a Budding)
Tra~ler Rental or Sales
Transfer, Storage and Baggage Terminal
Wholesale Office and Sample Room
Trader Camp or Mobile Home Park
Electrical Generahng Plant
Private Utd~ty Shop or Storage Yard
Sewage Treatment Plant
Drag Str~p or Commercial Racing
Go Cart Track
Animal Pound (Pubhc or Private)
emm T
Flea Market
Extraction and Storage of Sand, Caleche, Stone, Clay or Gravel
Temporary Asphalt or Concrete Batch~ng Plant
M~x~ng ,and Sale of Concrete
Sales or Storage Warehouse (all prohibited except m~n~warehouses)