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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)