1995-116 EXHIBIT A :
O INANCE No.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO THE LIGHT INDUSTRIAL CONDITIONED (LI(C)} ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 4.2721 ACRES OF
LAND LOCATED ON THE SOUTH SIDE OF 1-35E, APPROXIMATELY 1,000 FEET
SOUTH OF SOUTHRIDGE SHOPPING CENTER, AND MORE PARTI~Y
DESCRIBED IN EXHIBIT 1, ATTACHED HERETO AND INCORPORATED BY
REFERENCE HEREIN; PROVIDING FOR A PENALTY IN THEMAXIMUMAMOUNTOF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Rob Rayner, on behalf of Paul Lockhart (owner of the
property), has applied for a change in zoning for 4.2721 acres of
land from the Agricultural (A) zoning district classification to
the Light Industrial Conditioned (LI(C)) zoning district classifi-
cation; and
WHEREAS, on April 26, 1995, the Planning and Zoning Commission
recommended approval of the requested change in zoning; and
WHEREAS, the City Council, finds that the change in zoning
will be in compliance with the Denton Development Plan; NOW,
THEREFORE,.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION' I. That the zoning district classification and use
designation of the 4.2721 acres of land described in Exhibit 1,
attached hereto and incorporated into this ordinance by reference,
is changed from the Agricultural (A) zoning district classification
and use designation to the Light Industrial Conditioned (LI(C))
zoning district classification and use designation under the
comprehensive zoning ordinance of the City of Denton, Texas, with
the following conditions:
1. Permitted uses are restricted to the uses described in
-Exhibit 2, attached hereto and incorporated by reference
herein.
2. The total floor area for all building(s) constructed on
the 4.2721 acres shall not exceed 25,000 square feet.
3. No "off premise" signs (as define~ by Section 33-2 of the
Code of Ordinances of the City of Denton, cr its succes-
sor) will be permitted.
4. All loading dock and dumpster areas shall be screened
from the view of 1-35E by solid, opaque, scraens (fences,
.walls, or vegetation), reaching a height of at. lest six
feet above grade. If vegetation is chosen, the owner of
24.
the property shall maintain such that it remains opaque
throughout each year.
5.That corrugated, or any other metal exterior, shall not
be allowed on any building elevation visible from 1-35E.
6. The owner of the property shall maintain all trees larger
than two (2) inches in diameter, where any portion of
their trunks are located within 25 feet of any property
line, and this duty shall attach to the zoning.
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 exceeding
$2,000.00. Each day that a provision of this ordinance 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 is hereby directed to cause the caption of this ordinance
to be published twice in the Denton Record-Chronicle, a daily
newspaper published in the City of Denton, Texas, within ten (10)
days of the date of its passage. ~
PASSED AND APPROVED this the ~. D~ay of ,
1995.'
BOB CASTLEBERRY,. ~/R~
ATTEST:
JENNIFER WALTERS', CITY SECRETLY
25.
FIELD NOTES TO 4.2721 ACRES IN THE D. LAMBERT SURVEY ABSTRACT
NUMBER 784, DENTON COUNTY, TEXAS.
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING IN THE D. LA~BERT
SURVEY, ABSTRACT NUMBER 784, DENTON COUNTY, TEXAS. AND BEING PART
OF A (CALLED) 6.393 ACRE TRACT SHOWN BY DEED FROM BILLY JACK
CARTER. ET UX TO PAUL A. LOCKHART, JR., TRUSTEE ON THE 1ST DAY OF
NOVEMBER, 1972, RECORDED IN VOLUME 658, PAGE 676, DEED RECORDS OF
DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS.
BEGINNING AT AN IRON PIN AT THE SOUTHEAST CORNER OF SAID 6.393
ACRE TRACT;
THENCE SOUTH 89 DEGREES 16 MINUTES 42 SECONDS WEST WITH THE SOUTH
LINE OF SAID 6.393 ACRE TRACT AND ALONG AND NEAR A FENCE A
DISTANCE OF 458.54 FEET TO A FENCE CORNER POST FOR CORNER;
THENCE NORTH 32 DEGREES 15 MINUTES 24 SECONDS WEST WITH THE
SOUTHWEST LINE OF SAID 6.393 ACRE TRACT AND ALONG AND NEAR A
FENCE A DISTANCE OF 370.35 FEET TO AN IRON PIN FOR CORNER;
THENCE NORTH 38 DEGREES 56 MINUTES 00 SECONDS EAST A DISTANCE OF
251.47 FEET TO AN IRON PIN ON THE SOUTHWEST RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NO. 35;
THENCE SOUTH 51 DEGREES 04 MINUTES 00 SECONDS EAST WITH'SAID
HIGHWAY RIGHT-OF-WAY A DISTANCE OF 645.43 FEET TO AN IRON PIN FOR
CORNER;
THENCE SOUTH 02 DEGREES 18 MINUTES 41 SECONDS WEST WITH THE EAST
LINE OF SAID 6.393 ACRE TRACT AND WITH A FENCE A DISTANCE OF
97.51 FEET TO THE POINT OF BEGINNING AND CONTAINING 4.2721 ACRES
OF LAND.
CASE #Z-95-006
PERMITTED USES
Primary Residen~inl
Dormitory. Boarding or Rooming House
Hotel or Motel
Educational, Institutional & Sins:iai
Art GaLlery or Mu~um
Church or Rectory
College or University or Private School
Community C, emer (Public)
Day Camp
Day Nursery or Kindergarten School
FaLrground or Exhibition Area
Group Homes
Home for Care of Alcoholic, Narcotic or Psychiatric Patients
Hospital (General Acute Care)
Hospital (Chronic
Institutions of Religious or Philamhropi¢ Nature
Monestary or Convent
Nttrsing Home or Res/dence Home for Aged
Park, Playground or Public Community Center
School, Private Primary or Secondary
School, Public or Denominational
School, Business or Trade
Utility, Accessory & Incidental U_c-~
Acce.~ory Building
Community Center 0~rivate)
lqectrical Generating Plant
Ele-_;- leal Sub~ation
Electric..~l Tra~wi,~_'on Line
.: m_l:~'a~. Field or C. oa.sm~ion Office (Sub)eot to approval
· ~itation or Similar Public Safety Building
Gas Tra.q.swi~-ion Line and Metering Station
Private Swimming Pool
Telephone, Btrsiness___ Office
Telephone Line and Exchange Switching or Relay Station
Public Park or Playground
Public Playfield or Stadium
Roller or Ice Skating Rink
'Swim or Tennis Club
Theater, Other than Drive-in Type
Trsnsvortation Related U~
Bus Station or Termiml
i~ulh~g or Storage Company
Moeor Freight Terminal
Automobile Service U.~,~,
Auto Laundry
Gaso~e Service Station (inteq~reted as gas station/convenience more)
Retail and Service ~ U~!
Antique Shop
Bakery or Confectionery Shop (Retail)
Cafeteria
Cleaning and Pressing Small Shop and Pickup
Custom Personal Service Shop
Drapery, Needlework or' Weaving Shop
Flocis~ or Garden Shop.
Greenhouse or Plant Nursery (Retail)
Handicraft Shop
Household Appliance Service and Repair
l~undt3, or Cleaning Self Service
I~timeogtaph, Stationary or Letter Shop.
Offices, Professional and Administrative
Off Premise Sale of Beer and/or Wine
On Premise Sale of Beer and/or Wine
Licensed Private Club
Restaurant
· :' Retail Stores and ShoPs4,000 square feet or Iess
Retail Stores and Shops-over 4,000 square feex
Studio for Photographer, Musician, Anis~ or Health
~AerJcultural Txl~e Us~
Greenhouse or Plant Nursery
29.
Z-95-006
NOTE: Amended by Ordinance No. 99-170.
ORDINANCE NO.
A/q ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO THE LIGHT INDUSTRIAL CONDITIONED (LI(C)) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 4.2721 ACRES OF
LAND LOCATED ON THE SOUTH SIDE OF 1-35E, APPROXIMATELY 1,000 FEET
SOUTH OF SOUTHRIDGE SHOPPING CENTER, 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, Rob Rayner, on behalf of Paul Lockhart (owner of the
property), has applied for a change in zoning for 4.2721 acres of
land from the Agricultural (A) zoning district classification to
the Light Industrial Conditioned (LI(C)) zoning district classifi-
cation; and
WHEREAS, on April 26, 1995, the Planning and Zoning Commission
recommended approval of the requested change in zoning; and
WHEREAS, the City Council, finds that the change in zoning
will be in compliance with the Denton Development Plan; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the zoning district classification and use
designation of the 4.2721 acres of land described in Exhibit 1,
attached hereto and incorporated into this ordinance by reference,
is changed from the Agricultural (A) zoning district classification
and use designation to the Light Industrial Conditioned (LI(C))
zoning district classification and use designation under the
comprehensive zoning ordinance of the City of Denton, Texas, with
the following conditions:
1. Permitted uses are restricted to the uses described in
Exhibit 2, attached hereto and incorporated by reference
herein.
2. The total floor area for all building(s) constructed on
the 4.2721 acres shall not exceed 25,000 square feet.
3. No "off premise" signs (as defined by Section 33-2 of the
Code of Ordinances of the City of Denton, or its succes-
sor) will be permitted.
4. All loading dock and dumpster areas shall be screened
from the view of 1-35E by solid, opaque, screens (fences,
walls, or vegetation), reaching a height of at lest six
feet above grade. If vegetation is chosen, the owner of
the property shall maintain such that it remains opaque
throughout each year.
5. That corrugated, or any other metal exterior, shall not
be allowed on any building elevation visible from 1-35E.
6. The owner of the property shall maintain all trees larger
than two (2) inches in diameter, where any portion of
their trunks are located within 25 feet of any property
line, and this duty shall attach to the zoning.
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 exceeding
$2,000.00. Each day that a provision of this ordinance 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 is hereby directed to cause the caption of this ordinance
to be published twice in the Denton Record-Chronicle, a daily
newspaper published in the City of Denton, Texas, within ten (10)
days of the date of its passage. ~
PASSED A_ND APPROVED this the ~.~7~ay of ~ ,
1995.
BOB CASTLE
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
cf_9 o
FIELD NOTES TO 4.2721 ACRES IN THE D. LAMBERT SURVEY ABSTRACT
NUMBER 784, DENTON COUNTY, TEXAS.
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING IN THE D. LAMBERT
SURVEY, ABSTRACT NUMBER 784, DENTON COUNTY, TEXAS, AND BEING PART
OF A (CALLED) 6.393 ACRE TRACT SHOWN BY DEED FROM BILLY JACK
CARTER, ET UX TO PAUL A. LOCKHART, JR., TRUSTEE ON THE 1ST DAY OF
NOVEMBER, 1972, RECORDED IN VOLUME 658, PAGE 676, DEED RECORDS OF
DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS. '
BEGINNING AT AN IRON PIN AT THE SOUTHEAST CORNER OF SAID 6 393
ACRE TRACT; '
THENCE SOUTH 89 DEGREES 16 MINUTES 42 SECONDS WEST WITH THE SOUTH
LINE OF SAID 6.393 ACRE TRACT AND ALONG AND NEAR A FENCE A
DISTANCE OF 458.54 FEET TO A FENCE CORNER POST FOR CORNER;
THENCE NORTH 32 DEGREES 15 MINUTES 24 SECONDS WEST WITH THE
SOUTHWEST LINE OF SAID 6.393 ACRE TRACT AND ALONG AND NEAR A
FENCE A DISTANCE OF 370.35 FEET TO AN IRON PIN FOR CORNER;
NORTH 38 DEGREES 56 MINUTES 00 SECONDS EAST A DISTANCE OF
~HEN~51. FEET TO AN IRON PIN ON THE SOUTHWEST RIGHT-OP-WAY OF
INTERSTATE HIGHWAY NO. 35;
THENCE SOUTH 51 DEGREES 04 MINUTES 00 SECONDS EAST WITH SAID
HIGHWAY RIGHT-OF-WAY A DISTANCE OP 645.43 FEET TO AN IRON PIN POR
CORNER;
THENCE SOUTH 02 DEGREES 18 MINUTES 41 SECONDS WEST WITH THE EAST
LINE OF SAID 6.393 ACRE TRACT AND WITH A FENCE A DISTANCE OF
97.51 FEET TO THE POINT OF BEGINNING AND CONTAINING 4.2721 ACRES
OF LAND.
CASE #Z-95-006
PERMITTED USES
,Primary Residential
Dormitory, Boarding or Rooming House
Hotel or Motel
,Educational, Ins0tutional & Special Use~
Art Gallery or Museum
Church or Rectory
College or University or Private School
Community Center (Public)
Day Camp
Day Nursery or Kindergarten School
Fab'ground or Exhibition Area
Group Homes
Home for Care of Alcoholic, Narcotic or Psychiatric Patients
Hospital (General Acute Care)
Hospital (Chronic Cate)
Institutions of Religious or Philanthropic Nature
Public Library
Monesmr,/or Convent
Nursing Home or Residence Home for Aged
Park, Playground or Public Community Center
School, Private Primary or Secondary
School, Public or Denominational
School, Business or Trade
_Utility. Accessory & Incidental U~
Accessory Budding
Community Center ('Private)
Electrical Generating Plaat
Electrical Substation
Electrical Transmi_~-i_'on Line
Temporary Field or Con~/~uc~ion Office (Sabject to aplXOVal and cc.~-ol by tl~ Buildin~ lnspex:~)
Fire Station or Similar Public Safety Building
Gas Transmimion Line and Metering Station
Private Swimming Pool
Telephone, Business Office
Telephone Line and Exchange Switching or Relay Station
Count Club ( vate) Golf
Public Golf Com~e
Public Park or Playground
Public Playt'ield or Stadium
Roller or Ice Skating Rink
Swim or Tennis Club
Theater, Other than Drive-In Type
Transportation Related
Bus Station or Terminal
Hauling or Storage Company
Motor Freight Terminal
Auto Laundry Automobile S~rvice Use~
Gasoline Service Station (Interpreted as gas s~ation/convenience store)
Retail and Service Type Us~,:
Antique Shop
Bakery or Confectionery Shop (Retail)
Cafeteria
Cleaning and Pressing Small Shop and Pickup
Cu~om Personal Service Shop
Drapery, Needlework or Weaving Shop
Florist or Garden Shop
Greenhouse or Plant Nursery (Retail)
Handicraf~ Shop
Household Appliance Service and Repair
Laundry or Cleaning Self Service
Mirneo~-aph, Stationary or Letter Shop
Mortuary or Funeral Parlor
Offices, Professional and Administrative
Off Premise Sale of Beer and/or Wine
On Premise Sale of Beer and/or Wine
Licensed Private Club
Restaurant
Retail Stores and Shops-4,000 square feet or less
Retail Stores and Shops-over 4,000 square feet
Studio for Phcxographer, Musician, Anis~ or Health
A~ricultural Type
Green. house or Plant Nursery
Bakery
Building Material Sales
Cabinet and' Upholstery Shop
Cleaning and Dyeing Plant (Commercial)
Cleaning Plant, Bags or Car~ts (Special Equipment)
Clothing Manufacture or Light Compounding or Fabrication
,fob Printing or Newspaper Printing
Laundry Plant (Commercial)
Milk DepoL Dairy, or Ice Cream Plant
Paint Shop
Petroleum Products, Storage-Wholesale
Plumbing Shop
Scientific or Research Laboratories
Storage or Sales Warehouse
Transfer, Storage and Baggage Terminal
Wholesale Office and Sample Room
General Manufacturing and Industrial U:_-~
Light Manufacturing or Industrial Uses which meet the performance standards prescribed by
Section 35-328.
Permitted Uses With Approved Specific Use Permit
Correctional Facilities
Fraternity, Sorority, Lodge or Civic Club
O ANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AMENDMENT
OF CONDITION TWO (2) OF ORDINANCE NO. 95-116 (EXHIBIT A, ATTACHED
HERETO) ALLOWING THE TOTAL FLOOR AREA FOR ALL BUILDING(S)
CONSTRUCTED ON THE 4.2721 ACRES SHALL NOT EXCEED 35,000 SQUARE FEET;
LOCATED ON THE SOUTH SIDE OF 1-35E; APPROXIMATELY 1,000 FEET SOUTH OF
SOUTHRIDGE SHOPPING CENTER; AND MORE PARTICULARLY DESCRIBED IN
EXHIBIT A 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 (Z-99-019).
WHEREAS, Frank M. Kudlac, on behalf of Roger Frederick, has applied for an
amendment of condition 2 of Ordinance No. 95-116 (Exhibit A) to allow for a total floor area for
all building(s) constructed on the 4.2721 acres to not exceed 35,000 square feet; and
WHEREAS, on April 14,1999, the Planning and Zoning Commission recommended
approval of the requested change in zoning; and
WHEREAS, the City Council finds that the amendment will be in compliance with the
1988 Denton Development Plan, the 1998. Denton Plan Policies, and the 1999 Growth
management Strategies and Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the condition 2 of Ordinance No. 95-116 (Exhibit A) is amended to
allow an increase of 10,000 square feet to read as follows:
2. That the total floor area for all building(s) constructed on the 4.2721 acres site
shall not exceed 35,000 square feet and lighting on the property shall be designed
and maintained so as not to shine on or otherwise disturb, surrounding residential
property or to shine and project upward, to prevent the diffusion into the night
sky.
SECTION II. That any person violating any provision of this ordinance shall, upon
conviction, be £med a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION III. That the provisions of this ordinance shall govern and control over any
conflicting provisions of Ordinance No. 95-116 but all provisions of Ordinance No. 95-116, as
they apply to the remaining portion of the zoning district land use regulations not herein
amended shall continue in full force and effect.
SECTION IV. That a copy of this ordinance will be attached to Ordinance No. 95-116
showing the amendments herein approved.
SECTION V. That this ordinance shall become effective fourteen (14) days from the
date of its passage, and the City Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the
City of Denton, Texas within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of ,1999.
JA~I(,IILLER, I~'L~'OR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Page 2 of 2