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1995-198 Z-95-019 NOTE: Amended by Ordinance No. 2000-009. 0RDINANCE NO. ~- /~8 ~ ORDINANCE OF THE CITY OF DENTON, TEX~S, PROVIDING FOR A CHANGE FROM THE AGRICULT~ ZONING DISTRICT CI-~SSIFICATION AND USE DESIGNATION WITH SPECIFIC USE PERMIT 140 (S-140) TO THE GENEPJtL RETAIL CONDITIONED (GR(C)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.233 ACRES OF LAND LOCATED ON THE NORTHWEST CORNER OF RYAN ROAD AND TEASLEY LANE (F.M. 2181); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Lakeview West Joint Venture has applied for a change in zoning for 1.233 acres of land from the Agricultural zoning district classification and use designation with Specific Use Permit 140 (S-140) to the General Retail Conditioned (GR(c)) zoning district classification and use designation; and WHEREAS, on Sep[ember 13, 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 1.233 acres of land described in Exhibit 1, attached hereto and incorporated into this ordinance by reference, is changed from Agricultural with Specific Use Permit 140 (S-140) to the General Retail Conditioned (GR(c)) zoning district classifi- cation 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. The maximum square footage for all building(s) on the 1.233 acres shall be no more than four thousand (4,000) square feet. 3. There be no corrugated or other metal buildings on the 1.233 acres. 4. All building(s) shall be limited in height to one (1) story. 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 /~ day of ~~, 1995. BOB CASTLEB-ERR-Y~ MA~ ~.~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APP ED AS/TO LEGAL FORM HER~R-T'~'.-PROUTY, CITY A~TORNEY / 950! 7.FOI FIELD NOTES All that certain 1.233 acre tract or parcel of land situated in the Jeremiah Fisher Survey, Abstract Ntunber 421, Denton County, Texas, said tract being part of a tract conveyed to Park Investments by deed recorded in Volume 1392, page 985 of the Real Property Records of Denton County, Texas; said 1.233 acre tract being more particularly described as follows: Beginning at the southeast comer of the tract being described herein at a point in Ryan Road, said point also being the southeast comer of said Park Investments tract, said point also being in the west right-of-way line of Farm to Market Road 2181, also known as Teasley Lane; Thence South 89 degrees 02 minutes 32 seconds West with the apparent centerline of Ryan Road a distance of 486.70 feet to a point for the southwest comer of the herein described tract; Thence North 56 degrees 03 minutes 50 seconds East, along and near a fence, a distance of 405.60 feet to a point for the north comer of the herein described tract, said point also being in the east line of said Park Investments tract and the west right-of-way line of said Teasley Lane; Thence South 34 degrees 31 minutes 00 seconds East with said Park Investments east line and said Teasley Lane west right-of-way a distance of 264.94 feet to the Point of Beginning, contairfing in all 1.233 acres of land. Exhibit 2 List of Prohibited Uses Z-95-019 Community Unit Development Dormitory, Boarding or Rooming~House Hotel or Motel Church or Rectory College or University or Private School Community Center (Public) Group Homes Halfway House Home for Care of Alcoholic, Narcotic, or Psychiatric Patients 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 School, Business or Trade Community Center (Private) Electrical Substation Electrical Transmission Line Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station Home Occupation Radio and/or Television Microwave Tower Sewage Pumping Station Private Swimming Pool Telephone Line Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Country Club (Private) with Golf Course Public Golf Course Public Playfield or Stadium Swim or Tennis Club Theater, Other than Drive-in Type Railroad Passenger Station Railroad Track or Right-of-way Commercial Parking Lot or Structure Auto Laundry Mortuary or Funeral Parlor Retail Stores and Shops Over 4,000 square feet Cemetery or Mausoleum Fairground or Exhibition Area Fraternity, Sorority, Lodge or Civic Club Private Utility Shop or Storage Yard Public Building, Shop, Yard of Local, State, or Federal Government Water Treatment Plant Stable, Private Club Theater, Drive-in Airport Landing Field or Heliport ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE CONDITIONS OF ORDINANCE 95-198 WHICH ESTABLISHED A GENERAL RETAIL CONDITIONED (GR(C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.233 ACRES OF LAND LOCATED ON THE NORTHWEST CORNER OF RYAN ROAD AND TEASLEY LANE (F.M. 2181) ALSO KNOWN AS 3912 TEASLEY LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-085) WHEREAS, Mohammed Rayetparvar has applied for an amendment to the conditions of Ordinance 95-198, which established an General Retail Conditioned (GR[c]) zoning district classification and use designation with Specific Use Permit (S-140) for 1.233 acres of land; and WHEREAS, on December 1, 1999, the Planning and Zoning Commission recommended approval of the requested change in conditions of Ordinance 95-198; and WHEREAS, the City Council finds that the change in conditions of Ordinance 95-198 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 1. That the conditions of Ordinance 95-198, which established a General Retail Conditioned (GR[c]) zoning district classification and use designation with Specific Use Permit (S- .140) for the subject 1.233 acre'property, described in Exhibit 1 attached hereto and incorporated into this ordinance by reference to be amended under the comprehensive zoning ordinance of the City of Denton, Texas, as follows: 1. As referenced in Exhibit 2 of Ordinance 95-198, Auto Laundry shall be removed from the list of prohibited uses. 2. Construction of an Auto Laundry on the property shall be architecturally compatible with and have the same construction materials as the existing structure on the property. 3. Auto Laundry, for the purpose of this Ordinance, shall be defined as a single unit, touch free, automatic drive-thru car wash, shall not contain individual hand held units, and shall serve as an accessory use to the primary convenience store/gas station. 4. Any new site lighting on the property shall be designed and maintained so an not to shine on or otherwise disturb sm'rounding residential property or to shine and project upward to prevent diffusion into the night sky. SECTION 2. That the City's official zoning map is amended to show the change in zoning district classification. SECTION 3. That the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance 95-t98, but all provisions of Ordinance 95-198 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 4. That a copy of this ordinance shall be attached to Ordinance 95-198 showing the amendments herein approved. SECTION 5. 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 6. 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 - day of t ~/,tz/./~5~/jZ4~ .2000. JA(~LER, MAYOR ATTEST: JENNIFER WALTERS,. CITY SECRETARY. APp~; ~'Ts TO ~GAL;(~p~: HERBERT L. PROUTY, CITY ATTORNEY PAGE 2 FIELD NOTES All that certain 1.233 acre tract or parcel of land situated in the Jeremiah Fisher Survey, Abstract Number 421, Denton County, Texas, said tract being pan ora tract conveyed to Park Investments by deed recorded in Volume 1392, page 985 of the Real Property. Records of Denton County, Texas; said 1.233 acre tract being more particularly described as follows: · . ........... Beginning at the southeast comer of the tract being described herein at a point in Ryan Road, said point also being the southeast comer of said Park Investments tract, said point ~!so being in the west fight-of-way line of Farm to Marker Road 2181, also known as Teasley Lane; Thence South 89 degrees 02 minutes 32 seconds West with the apparent eenterline of Ryan Road a distance of 486.70 feet to a poin£ for the southwest comer of ~he herein described tract; Thence North 56 degrees 03 minutes $0 seconds East, along and near a fence, a distance of 405.60 feet to a point for the norrah comer of the herein described tract, said point also being in the east line of said Park Investments tract and the west fight-of-way line of said Teasley Lane; Thence South 34 degrees 31 minutes 00 see0nds East with said Park Investments east line and said Teasley Lane west right-of-way a distance of 264.94 feet to the Point of Begirming, containing in all 1.233 .acres of land. .. 10. Exhibit 2 List o£ Prohibited Uses Z-95-019 Community Unit Development Dormitory, Boarding or Roomkng-House Hotel or Motel Church or Rectory College or University or'Private School Community Center (Public) Group Homes Halfway House Home for Care of Alcoholic, Narcotic, or Psychiatric Patients 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 School, Business or Trade Community Center (Private) Electrical Substation Electrical Transmission Line Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station Home Occupation Radio and/bt Television Microwave Tower Sewage Pumping Station Private Swimming Pool "Telephone Line Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Country Club (Private) with Golf Course Public Golf Course Public Playfield or Stadium Swim or Tennis Club Theater, Other than Drive-in Type Railroad Passenger Station Railroad Track or Right-of-way Commercial Parking Lot or Structure Auto Laundry Mortuary or Funeral Parlor Retail Stores and Shops - Over 4,000 square feet Cemetery or Mausoleum Fairground or Exhibition Area Fraternity, Sorority, Lodge or Civic Club Private Utility Shop or Storage Yard Public Building, Shop, Yard of Local, State, or Federal Government Water Treatment Plant Stable, Private Club Theater, Drive-in Airport Landing Field or Heliport 11.