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2000-202S \OUr OocumenbWNw,ocef\W~Z-0D005 Eac ORDINANCE NO !S6 oA AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM SF-7 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD-185) WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 3 8 ACRES OF LAND LOCATED AT 2225 EAST MCKINNEY STREET, PROVIDING A DETAILED PLAN ENCOMPASSING APPROXIMATELY 3 8 ACRES, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z-00-005) WHEREAS, John Kelsey initiated a change in zoning for 3 816 acres of land from SF-7 zoning district classification and use designation to Planned Development (PD) with conditions zoning district classification and use designation, and WHEREAS, on May 10, 2000, the Planning and Zoning Commission concluded a public hearing as required by law, after which a motion to recommend approval of the requested change in zoning, and WHEREAS, the City Council finds that the change in zoning is consistent with the Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zoning district classification and use designation of the 3 816 acre property described m the legal description attached hereto and incorporated herein as Exhibit A is changed from SF-7 zoning district classification and use designation Planned Dvelopment (PD-185) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions The permitted land uses are restricted to those described in the list attached hereto and incorporated herein by reference as Exhibit B, some of which require a specific use permit as shown on Exhibit B Architectural standards include the following (a) Lighting 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 diffusion into the night ski (b) Signage shall be similar to the example attached hereto and incorporated herein by reference as Exhibit C and may be located anywhere within the public utility and sidewalk easement subject to the applicant discretion Page 1 P \SHAREMDEPMGLIOYe Do[um®Y\O,d~nonuYMMLCL~0o5 doe the detailed plan attached hereto and incorporated herein as Exhibit "D" is hereby approved The subject property may only be developed in accordance with said detailed plan SECTION 2 The City's official zoning map is amended to show the change in zoning district classification SECTION 3 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable SECTION 4 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 5 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-Chromcle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage f,\ PASSED AND APPROVED this the 01 day of 2000 &A,~ 66 Ck EULINE BROCK, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEG FORM TY ATTORNEY OUTY, HERT BY Page 2 EXHIBIT A All that certain 3 820 acre tract or parcel of land situated in the T M Downing Survey, Abstract 346, City of Denton, Denton County, Texas, said tract being part of lands conveyed to Warren B Mack and wife, Paulme Beary Mack by Deed dated October 10, 1951 and recorded in Volume 374, Page 256, Deed Records of Denton County, Texas, said tract being further described herein by metes and bounds as follows BEGINNING for the Southwest corner of this tract at a steel rod found at the intersection of the East line of Mack Place, as shown by instrument recorded in Volume 383, Page 131 of the Deed Records of Denton County, Texas, with the Northerly right of way line of F M No 426 (East McKinney Street), THENCE North 0 degrees 56 minutes West, along said Eastern right of way line of Mack Place, a distance of 415 0 feet, THENCE South 88 degrees 51 minutes East, 400 0 feet to a steel rod set, THENCE South 0 degrees 56 minutes East, 424 1 feet to a point in aforementioned Northerly right of way line of F M Road No 426, a steel rod found, THENCE Westerly along said Northerly right of way line of F M Road No 426 as follows, Westerly along said curve to the left, which has a radius of 1478 9 feet, a distance of 165 09 feet to the end of said curve, North 88 degrees 51 minutes West, 235 6 feet to the Place of Beginning NTH WUVOLncxnnsnwerty Mvruawnm~..- SOW woos Mlbl Boot Exhibit B Land uses shall be limited to the following PERMITTED USES One Family Dwelling Detached One Family Dwelling Restricted Community Unit Development Art Gallery or Museum Private School Church or Rectory Day Nursery or Kindergarten School Institution of Religious or Philanthropic Nature Public Library Monastery or Convent Residence Home for Aged Occasional Sales Park, Playground or Public Community Center School, Private Primary or Secondary School, Business or Trade Accessory Building Community Center (Private) Temporary Field or Construction Office (Subject to Approval and Control by Building Inspector) Home Occupation Off-Street Parking Incidental to Main Use Off-Street Remote Parking Private Swimming Pool Telephone, Business Office Telephone Line & Exchange Switching or Relay Station Public Park or Playground Public Play Field or Stadium Swim or Tennis Club Offices, Professional and Administrative Studio for Photographer, Musician, Artist or Health PERMITTED USES WITH APPROVED SPECIFIC USE PERMIT Fraternity, Sorority, Lodge or Civic Center Public Building, Shop, Yard of Local, State or Federal Government Radio and/or Television Microwave Tower Commercial Parking Lot or Structure Cafeteria Mortuary or Funeral Parlor Restaurant Scientific or Research Laboratories EXHIBIT C SIGNAGE Description of the proposed sign • Two sided sign • width 7 feet • Height 6 feet Logo of the proposed sign Example of style desired by owner EXHIBIT D 1111!,11 Hill tli "~tltt 1 1 r i9~3 ~4~11 , oil X c t~ ~k y l~ilii~y ~ y 9 IN W w g N W LS N } ~paU ~ a 1p a ~ O w rc o m o w w n3LL o V r i