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2000-260 ORDINANCE NO ~;~0~7~ ~'~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO LIGHT INDUSTRIAL WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 3 9 ACRES OF LAND LOCATED AT 500 ! WEST UNIVERSITY, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z-00-010) WHEREAS, Joe Mulroy amtmted a change in zomng for 3 9 acres of land from Agricultural zomng district classfficataon and use deslgnataon to Light Industrial w~th conditions zomng district classfficanon and use demgnataon, and WHEREAS, on July 12, 2000, the Planmng and Zoning Commasmon concluded a pubhc heanng as reqmred by law, after whach a motxon to recommend approval of the requested change ~n zomng, and WHEREAS, the City Councd finds that the change an zomng ~s consistent wath the Comprehenmve Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zomng &smct clasmficat~on and use demgnat~on of the 3 9 acre property described m the legal description attached hereto and incorporated hereto as Exh~bat A ~s changed from Agricultural zomng &strict classffieataon and use demgnatxon Laght Indusmal zoning dmtnct classlficataon and use demgnatlon under the comprehensive zomng ordinance of the C~ty of Denton, Texas, subject to the following conflu~ons 1 The permxtted land uses are restricted to those described ~n the list attached hereto and incorporated hereto by reference as Exhxbit B, some ofwhmh reqmre a specific use permit as shown on Exhibit B SECTION 2 The Ctty's officml zomng map as amended to show the change ~n zoning dlsmct classification SECTION 3 if any provmaon of thru ordinance or the apphcatlon thereofto any person or c~rcumstance is held ~nvalld by any court, such anvalldaty shall not affect the vahday of other prowmons or apphcanons, and to this end the provmons of flus orthnanee are severable SECTION 4 Any person vaolatmg any prowmon of this ordinance shall, upon convact~on, be fined a sum not exceeding $2,000 00 Each day that a provmlon ofthm ordinance ~s vaolated shall constitute a separate and &stinct offense SECTION 5 That flus or&nance shall become effective fourteen (14) days from the date °f~ts Passage, and the City Secretary ~s hereby &rected to cause the caption of this ordinance to be pubhshed twace ~n the Denton Record-Chromcle, a dmly newspaper published in the City of Denton, Texas, Wlflun ten (10) days of the Page 1 of 6 date of ~ts passage PASSEDAND APPROVED thlsthe /~.dayof ~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 6 EXHIBIT A FIELD NOTES to all that certain tract of land situated in the W Bryan Survey, Abstract Number 148 in the City of Denton, Denton County, Texas, being all of that certain called 2 958 aore tract as descnbed in the Deed from Joseph S Mulroy to Yorlum Realty, Ltd recorded in Volume 4323, Page 1999 Deed Records, Denton County, Texas and part of that certain 1 925 acre tract as described in the Deed from Ray Tobin and w~fe, Bob E Tobin to $oe B Evans recorded m Volume 466, Page 39 Deed Records, Denton County, Texas, and loelng more particularly described as follows BEGINNING at the Southeast comer of the herein described tract the Southeast comer of the smd 2 958 acre tract, THENCE North 01 degrees 02 minutes 52 seconds East vath the East line of the said 2 958 acre tract a distance of 514 60 feet to the Northeast comer of thereof m the South nght-of-way line ofU S Highway 380, THENCE North 87 degrees 16 minutes 28 seconds West vath the North line of the said 2 958 acre tract and the South right-of-way llne ofU S Highway 380 a distance of 165 00 feet to the Northwest comer thereof, THENCE South 02 degrees 49 minutes 02 seconds West part of the way vath the West line of the smd 2 958 acre tract a distance of 192 99 feet to a reentrant comer, THENCE North 88 degrees 34 minutes 58 seconds West across the said 1 925 acre tract a distance of 249 31 feet to the West line thereof in the center of Masch Branch Road, THENCE South 00 degrees 16 minutes 42 seconds West w~th the West line of the said 1 925 acre tract a distance of 160 49 feet to the Southwest comer thereof, THENCE South 01 degrees 02 minutes 52 seconds West vath the West line of the said 2 958 acre tract a distance of 165 00 feet to the Southwest comer thereof, THENCE South 88 degrees 34 minutes 58 seconds East vath the South line of the smd 2 958 acre tract a distance of 418 00 feet to the PLACE OF BEGINNING Exhibit B Land uses shall be limited to the following Hotel or Motel Art Gallery or Museum Cemetery or Mausoleum Church or Rectory College or University or Private School Community Center (Public) Day Camp Day Nursery or Kandergarten School Hospital (General Acme Care) Hospital (Chronic Care) Institutions of Religious or Philanthropic Nature Public Library Monastery or Convent Nursing Homes or Residence Home for Aged Occasional Sales Park, Playground or Public Community Center School, Private Primary or Secondary School, Public or Denommatiunal School, Business or Trade Accessory Bmkhng Commumty Center (Private) Electrical Generating Plant Electrical Substation Electrtcal Transmission L~ne Temporary Field or Construction Office (subject to Approval and Control by Building Inspector) Fire station or Similar Public Safety Building Gas Transmission Line and Metenng Station Off Street Parkmg Incidental to Moan Use Off Street Remote Parking Private Utility Shop or Storage Yard Public Braiding, Shop, Yard of Local, State, or Federal Government Radio and/or Telewslon Microwave Tower Page 3 of 6 Sewage Pumping Stataon Pnvate Swimming Pool Telephone, Business Office Telephone Lme and Exchange Switching or Relay Station Amusement, Commercial (Outdoor) Amusement, Commercaal (Indoor) Dance Hall or N~ght Club Go Cart Track Roller or Ice Skating Rank Theater, other than Drive-in Bus Stataon or Terminal Hauling or Storage Company Motor Freight Terminal Track Parking Lot Commermal Parking Lot or Structure Auto Laundry Auto Pmntmg and Body Repmr Auto Sales and Repmr (In Braiding) Gasoline Service Station New Auto Parts Sales Stores New or used Car Sales Lot (In Open) Seat Cover and Muffler Installation Shop T~re Retreading or Capping Used Auto Parts Sales (In Bmld~ng) Ant~qt~e Shop Bakery or Confectmnary Shop (Retml) Cafeteria Cleaning and Pressing Small Shop and Pmkup Custom Personal Service Shop Drapery, Needlework or Weavang Shop Florist and Garden Shop Greenhouse or Plant Nursery (Retail) Hand~crait Shop Household Apphances Service and Repmr Laundry or Cleaning Self Service M~meograph, Stattonery or Letter Shop Mortuary and Funeral Parlor Page 4 of 6 Offices, Professional and Admlmstratlve Off Premise Sale of Beer and/or Wine On Premise Sale of Beer and/or Wine Licensed Private Club Pawn Shop Restaurant Retml Stores and Shops - 4,000 square feet or less Retail Stores and Shops - over 4,000 square feet Studio for Photographer, Musmaan, Artist or Health Secondhand Store, Used Furniture or Rummage Sale Tool or Trml Rental Arllmal Pound (Private or Public) Animal Chmc or Hospital (no outside runs and pens) Animal Clmlc, Hospital, or Kennel (with outside runs and pens) Greenhouse or Plant Nursery Bakery (Wholesale) Bmldmg Material Sales Cabinet and Upholstery Shop Cleaning and Dyeing Plant (Commercial) Cleaning Plant, Bags or Carpet (Special Equipment) Clothing Manufacture or Light Compounding or Fabrication Contractor Shop or Storage Yard Engine and Motor Repairing Feed Store Heavy Machinery Sales and Storage Job Pnntlng or Newspaper Pnntmg Laundry Plant (Commercial) Milk Depot, D0ary, or Ice Cream Plant Paint Shop Petroleum Products, Store, Wholesale Plumbmg Shop Scientific or Research Laboratories Storage and Sale of Furmture and Appliances (Outside a Building) Store or Sales Warehouse Trailer Rental or Sales Transfer, Storage and Baggage Terminal Wholesale Office and Sample Room Page 5 of 6 Mixing and Sale of Concrete Light Manufactunng or Industrial Uses that meet the performance standards prescribed by Article 13, 18A, 1 through 7 Permitted Uses w~th Approved Specffic Use Permit Fratemlty, Sorority, Lodge or Civic Club Livestock Feeding Plant, Pens or Yards Flea Market Sand, Gravel or Earth Sales or Storage Extraction and Storage of Sand, Caleche, Stone, Clay or Gravel Petroleum or Gas Well Petroleum Collecting or Storage Facflltlas Temporary Asphalt or Concrete Batchlng Plant Brick galn or Tile Plant Open Salvage Yard for Rags, Machinery, etc Page 6 of 6