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1995-199Z-95-021 ORDINANCE NO..~,,~- / 99 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE LIGHT INDUSTRIAL CONDITIONED (LI(C)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2.0015 ACRES OF LAND LOCATED ON THE SOUTHWEST CORNER OF MORSE ROAD AND WOODROW LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Cliff Reding and Tom Lilly have applied for a change in zoning for 2.0015 acres of land from the Single Family 7 (SF-7) zoning district classification and use designation to the Light Industrial Conditioned (LI(c)) zoning district classification and use designation; and WHEREAS, on September 27, 1995, the Planning and Zoning Com- mission recommended approval of the requested change in zoning with additional conditions; 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 2.0015 acres of land described in Exhibit 1, attached hereto and incorporated into this ordinance by reference, is changed from the Single Family 7 (SF-7) zoning district classi- fication 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, subject to the following conditions: 1. The uses described in Exhibit 2, attached hereto and incorporated by reference herein, are prohibited. 2. In lieu of a six (6) foot fence along the western proper- ty line, the property owner shall save and maintain as much of the existing vegetation as possible, and shall also plant and maintain additional vegetation to "fill- in" any gaps to achieve a six foot (6') high vegetative screen as per Section 31-63 of the Denton Code of Ordinances, or its successor provision. 3. To mitigate some of the impact of the strip development nature of the project, the owner shall plant and maintain one additional two inch (2") diameter tree on each of the proposed lots in excess of the number required by Chapter 31 of the Code of Ordinances of the City of Denton, Texas. 4. There shall be no access to Morse Road, and only one drive access to Woodrow. 5. Any materials stored outside any structure shall screened by a wood, masonry, vegetative, or metal screen at least six (6) feet in height. If a vegetative screen is chosen, the vegetative material must remain opaque throughout the year. If a metal screen is chosen, it must be of the same material and color as the main structure. 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 four- teen (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 day of ~, 1995. BOB CASTLEBERRY, MAYO/ ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY All that certain trec~ or perce1 of lend 1yin& and being sit~m~ed in the ~LLZAN TE~CUg S~. ~S~ 12&6. ~n~on Co~y. Texas, being par~ of vt(e ~L~ L. ~S on ~he 7~ ~y of ~eb~, Z9~9 i~d recorded as follovs: - . B~CI~I~C ~ a fence co'er pos~ it ~e S~es~ co~r of ~he above mn~ioned Pock~s ~C~ North 00 deKrees 6S Bl~es S9 seconds ~s~ vith a fence a d~stance off fee~ to an iron pin on the South line o~ Norse S~ree~ ~C~ Sou~h 71 de,tees O~ ~l~es 02 secon~ ~s~ vith the Sou~ line of Norse S~ree~ a distance of 1G~.~6 fee~ ~o ~ iron pin on ~he Ves~ l~ne ~C~ South O0 de,tees ~ minu~es SS seconds Ves~ with the ~er~ line of ~oodrov ~ne a distance off ~96.6~ fee~ to an Iron pin; TH~CE South 8~ de~rees ~I ~[nutes Ues~ a distance o~ ~6~.~2 ffee~ to the POI~-OF-B~CI~IHC and con,mining ~.O01S acres off lend. Exhibit 2 List of Prohibited Uses Z-95-021 Dormitory, Boarding or Rooming House Hotel or Motel Art Gallery or Museum Cemetery or Mausoleum Church or Rectory College or University or Private School Community Center (Public) Day Camp Fairground or Exhibition Area Group Homes Halfway House Home for Care of Alcoholic, Narcotic or Psychiatric Patients Hospital (General Acute Care) Hospital (Chronic Care) Institutions of Religious or Philanthropic Nature Public Library Monastery or Convent Nursing Home or Residence Home for Aged Park, Playground or Public Community Center School, Private Primary or Secondary School, Public or Denominational Community Center (Private) Electrical Generating Plant Electrical Substation Electrical Transmission Line Temporary Field or Construction Office (approval and control by Building Official) Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station Home Occupation Off Street Parking Incidental to Main Use Private Utility Shop or Storage Yard Public Building, Shop, Yard of Local, State, or Federal Government Radio and/or Television Microwave Tower Off Street Remote Parking Sewage Pumping Station Private Swimming Pool Telephone Line and Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Water Treatment Plant Amusement, Commercial (Outdoor) Country Club (Private) with Golf Course Dance Hall or Night Club Drag Strip or Commercial Racing Go Cart Track Public Golf Course Commercial Golf Course Public Park or Playground Public Playfield or Stadium Rodeo Grounds Roller or Ice Skating Rink Sexually Oriented Business Stable, Private Club Stable, Commercial Rental Stable, Boarding Swim or Tennis Club Theater, Drive-in Theater, Other than Drive-in Type Airport Landing Field or Heliport Bus Station or Terminal Motor Freight Terminal Railroad Freight Terminal Railroad Passenger Station Railroad Track or Right-of-Way Railroad Team Track Truck Parking Lot Commercial Parking Lot or Structure Auto Laundry Gasoline Service Station New or Used Car Sales Lot (in open) Tire Retreading or Capping Bakery or Confectionery Shop (retail) Cafeteria Greenhouse or Plant Nursery (retail) Mortuary or Funeral Parlor On Premise Sale of Beer and/or Wine Licensed Private Club Restaurant Retail Stores and Shops-Over 4,000 square feet Animal Pound (Private or Public) Animal Clinic, Hospital or Kennel (with outside runs or pens) Farm or Ranch Hatchery, Poultry Contractors Storage Yard Heavy Machinery Storage Storage and Sales of Furniture or Appliances (outside a building) Mixing and Sale of Concrete Trailor Camp or Mobile Home Park Correctional Facilities Fratemity, Sorority, Lodge or Civic Club Sewage Treatment Plant Livestock Auction Livestock Feeding Plant, Pens or Yards Flea Market Sand, Gravel or Earth Sales or Storage Extraction and Storage of Sand, Caliche, Stone, Clay or Gravel Petroleum or Gas Well Petroleum Collecting or Storage Facilities Mining or Storage of Mining Wastes Temporary Asphalt or Concrete Batching Plant Brick Kiln or Tile Plant Dump or Sanitary Fill Area Open Salvage Yard for Rags, Machinery, etc.