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2000-009 O IN CE NO dO00'OO 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 (FM 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 conchUons of Ordinance 95-198, which established an General Retail Conditioned (GR[e]) 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 Zomng Commission recommended approval of the requested change in eonchtlons of Or&nanee 95-198, and WHEREAS, the City Council finds that the change in conditions of Ordinance 95-198 will be an comphance w~th 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 ea~!LO__.N~ That the con&tlons of Ordinance 95-198, whlch estabhshed a General Reteal Conditioned (GR[e]) zomng district classlficaUon and use designation with Specific Use Penmt (S- 140) for the subject 1 233 acre property, described in Exlublt 1 attached hereto and incorporated into this or&nanee 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 constmcUon materials as the existing structure on the property 3 Auto Laundry, for the purpose of this ordinance, shall be defined as a single umt, touch free, automatic drive-thru car wash, shall not contain individual hand held traits, and shall serve as an accessory use to the primary convemence store/gas station 4 Any new site hghtlng on the property shall be designed and maintained so an not to slune on or otherwise disturb surrounchng residential property or to shine and project upward to prevent diffusion into the mght sky ~ That the City's official zoning map is amended to show the change in zoning district classification SECTION 3 That the prov~mons of this ordinance shall govern and control over any conflicting prowslous of Ordinance 95-198, but all prowmons of Ordinance 95-198 as they apply to the remmmng portion of the zomng d~stnct land use regulations not herein amended, shall continue m full force and effect SECTION 4 That a copy oftlus ordmance 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 fmed a sum not exceedmg $2,000 00 Each day that a provision of tNs ordinance is violated shall constitute a separate and distinct offense SECTION 6 That this ordinance shall become effective fourteen (14) days ~rom the date of its passage, and the City Secretary is hereby directed to cause the caption oftNs ordinance to be pubhshed twice m the Denton Record-Chromcle, a daffy newspaper published in the City of Denton, Texas, w~thln ten (10) days of the date of its passage ,2ooo JAI~LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY PAGE 2 FIELD NOTES Ail 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 panicularl¥ described as follows. Beginning at the southeast corner of the tract being described herein at a point in R~ Road, said point also being the southeast corner 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 corner of the 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 north corner of the hereto described tract, said point also being in3the east llne of said Park Investments tract and the west right-of, way line of said Teasle¥ Lane, Thence South 34 degrees 31 minutes 00 seconds East w~th said Park Investments east line and said Teasley Lane west right-of-way a distance of 264 94 feet to the Point of Begumtng, containing in all 1 233 acres of land 10. Bxh~bit 2 L~st o£ Proh~bited Uses Community Unit Development Do~.titory, Boarding or Rooming .H~use 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 forAged 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/Ur 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 PublLc Playf~eld or Stadium Swim or Tennis Club Theater, Other than Drive-inType 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.