1991-138e wpdocs\z91013o
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM PLANNED DEVELOPMENT (PD) TO LIGHT INDUSTRIAL-CONDITIONED (LT-
C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 25 5
ACRES OF LAND LOCATED ON THE SOUTH SIDE OF U S HIGHWAY 77, PRO-
VIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS
THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Hillwood Development Corporation has applied for a
change in zoning for 25 5 acres of land from Planned Development
(PD) to Light Industrial-Conditioned (LI-C) zoning district classi-
fication and use designation, and
WHEREAS, on August 20, 1991, 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 25 5 acres of land described in Exhibit A,
attached to and incorporated into this ordinance by reference, is
changed from Planned Development (PD) to Light Industrial-Condi-
tioned (LI-C) zoning district classification and use designation
under the comprehensive zoning ordinance of the City of Denton,
Texas
SECTION IT That the property so zoned shall be used, deve-
loped, and maintained in accordance with the following conditions
1 That the uses listed on Exhibit B shall not be
permitted uses of the property
2 No buildings shall exceed twenty stories
3 The maximum F A R shall be 1 1
4 The minimum setback for buildings and parking facil-
ities shall be forty feet from the right-of-way line
of Highway Loop 288
SECTION III That the City's official zoning map is amended to
show the change in zoning district classification
SECTION IV That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000 Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense
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 pub-
lished 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 /7!~`day of 1991
CASTLEBERRY,
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
f
BY
PAGE 2
EXHIBIT A
TRACT I
SITUATED in Denton County, Texas, in the Nathan Wade Survey,
Abstract No 1407, being a resurvey of part of the 33 acres
described in a deed from Frank W Head to Allan L Burns, Trustee
dated 9/29/80, recorded in Volume 1040, Page 200, Real Property
Records of Denton County, Texas, being described by metes and
bounds as follows
BEGINNING at an iron pin set beside a corner post at the northwest
corner of said 33 acres, in the south Right-of-Way line of U S
Highway No 77,
THENCE south 58 11' 47" east, 353 23 feet with the north line of
said 33 acres and with an established fence and with said south
Right-of-Way line to an iron pin set for a corner at the north
corner of the 7 427 acres of land described in a deed from Allen L
Burns, Trustee to the State of Texas for the purpose of construct-
ing State Highway Loop 288,
THENCE southwesterly with the north line of said 7 427 acre tract
and with the north Right-of-Way line of proposed State Highway Loop
288 as follows
South 3 32' 04" West, 97 33 feet, an iron pin set,
South 60 17' 04" West, 349 08 feet to an iron pin set at the
west, northwest corner of said 7 427 acre tract, in the west
line of said 33 acres, in a north-south established fence for
a corner,
THENCE north 1 07' 37" east, 456 43 feet with the west line of
said 33 acres and with said established fence to the PLACE OF
BEGINNING and CONTAINING 1 9177 acres of land
TRACT II•
SITUATED In Denton County, Texas, in the Nathan Wade Survey,
Abstract No 1407, being a resurvey of part of the 33 acres
described in a deed from Frank W Head to Allan L Burns, Trustee
dated 9/29/80, recorded in Volume 1040, Page 200, Real Property
Records of Denton County, Texas, being described by metes and
bounds as follows
BEGINNING at an iron pin set beside a corner post at the southwest
corner of said 33 acres and the 3unctlon of an east-west estab-
lished fence and a fence from the north,
THENCE north 1 07' 37" east, 715 04 feet with the west line of
said 33 acres and with said established fence to an iron pin set
for a corner at the southwest corner of the 7 427 acres of land
described in a deed from Allan L Burns, Trustee to the State of
Texas for the purpose of constructing State Highway Loop 288,
THENCE easterly with the south Right-of-way line of proposed State
Highway Loop 288 and with the south line of said 7 427 acre tract
as follows
North 79
North 71
South 82
North 35
north li
of U S
26'
38'
01,
38'
'is of
High
50" east,
07" east,
29" east,
36" east,
said 33 a<
way No 77
347 77 feet to
277 75 feet to
332 09 feet to
110 64 feet to
:res and in the
for a corner,
an
an
an
an
sou
existing iron pin,
existing iron pin,
iron pin set,
iron pin set in the
th Right-of-Way line
THENCE south 58 11' 47" east, 310 28 feet with the north line of
said 33 acres and with an established fence and with the south
Right-of-Way line of U S Highway No 77 to an existing iron pin
set at the northeast corner of said 33 acres for a corner,
THENCE south 1 08' 07" west, 759 87 feet with the east line of
said 33 acres to an iron pin set in said east-west established
fence, at the southeast corner of said acres for a corner,
THENCE north 89 23' 46" west, 1261 62 feet with the south line of
said 33 acres and with said fence to the PLACE OF BEGINNING and
CONTAINING 23 6775 acres of land
EXHIBIT B
LI LIGHT INDUSTRIAL (C)
ZONING CONDITIONS
The proposed Light Industrial zoning for Tracts 1 and 2 is conditional by eliminating the following uses
from the list of permitted uses in the Light Industrial zoning district for these tracts
UtihM Accessory and Incidental Ucec
Home Occupation
Drag Strip or Commercial Racing
Go Cart Track
Rodeo Grounds
Sexually Oriented Business
Theater, Drive In
Transportation Related Uses
Railroad Freight Terminal
Railroad Passenger Station
Railroad Team Track
Animal Chmc, Hospital or Kennel (with outside runs or pens)
Hatchery, Poultry
Special Industnal Processes
Mixing and Sale of Concrete
Soli[. Accessory and Incidental Uses
Sewage Treatment Plant
Natural Resource Storage and Extraction
Extraction and Storage of sand, Cahche, stone Clay or Gravel
Petroleum Collecting or Storage Facilities
Mining or Storage of Miming Wastes
Dump or Sanitary Fill Area
Open Salvage Yard for Rags, Machinery, etc
913114011.01