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1999-170 O ANCENO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AMENDMENT OF CONDITION TWO (2) OF ORDINANCE NO 95-116 (EXHIBIT A, ATTACHED HERETO) ALLOWING THE TOTAL FLOOR AREA FOR ALL BUILDING(S) CONSTRUCTED ON THE 4 2721 ACRES SHALL NOT EXCEED 35,000 SQUARE FEET, LOCATED ON THE SOUTH SIDE OF 1-35E, APPROXIMATELY 1,000 FEET SOUTH OF SOUTHRIDGE SHOPPING CENTER, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONs THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-019) WHEREAS, Frank M Kudlac, on behalf of Roger Fredenck, has applied for an amendment of conrhtlon 2 of Orchnance No 95-116 (Exhibit A) to allow for a total floor area for all braiding(s) constructed on the 4 2721 acres to not exceed 35,000 square feet, and WHEREAS, on April 14,1999, the Planmng and Zomng Commission recommended approval of the requested change in zomng, and WI-IEREAS, the C~ty Council finds that the amendment will be m 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 ~ That the conchtlon 2 of Ordmance No 95-116 (Exhibit A) m amended to allow an increase of 10,000 square feet to read as follows 2 That the total floor area for all braiding(s) constructed on the 4 2721 acres site shall not exceed 35,000 square feet and hghtmg on the property shall be designed and mamtamed so as not to shine on or otherwme disturb, stm'oundmg residential property or to shme and project upward, to prevent the diffusion into the mght sky T~~ That any person violating any provision of tlns orthnance shall, upon conwctlon, be fined a stun not exceeding $2,000 00 Each day that a prowmon of thru ordinance ~s violated shall constitute a separate and thstmct offense ~ That the provisions of this ordinance shall govern and control over any conflicting prowmons of Ordinance No 95-116 but all provisions of Ordmance No 95-116, as they apply to the remmmng portion of the zoning dmtnct land use regulations not hereto amended shall continue in full force and effect ~ That a copy of tl'us ordinance wall be attached to Ordinance No 95-116 showing the amendments here~n approved ~ That th~s ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the C~ty Secretary ~s hereby d~rected to cause the caption of th~s ordinance to be pubhshed twine m the Denton Record-Chromcle, the offimal newspaper of the C~ty of Denton, Texas within ten (10) days of the date of~ts passage PASSED AND APPROVED thls the /~ dayof ~ ,1999 JA~/I~ILLER, ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 EXHIBIT A AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT cLASSIFICATION AND USE DESIGNATION TO THE LIGHT INDUSTRIAL CONDITIONED (LI(C)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 4.2721 ACRES OF LA~-D LOCATED ON THE SOUTH SIDE OF 1-35E, APPROXIMATELY 1,000 FEET SOUTH OF SOUTHRIDGE SHOPPING CENTER, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT 1, ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Rob Rayner, on behalf of Paul Lockhart (owner of the property), has applied for a change ~n zoning for 4 2721 acres of land from the Agricultural (A) zoning district classification to the Light Industrial Conditioned (LI(C)) zoning district classif~- Catlon~ and W~EREAS, on Aprll 26, 1995, the Planning and Zoning Commission recommended approval of the requested change ~n zonzng, and WHEREAS, the City Council, f~nds 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 ~ That the zoning district classlflcatzon and use designation of the 4 2721 acres of land described in Exhibit 1, attached hereto and ~ncorporated ~nto th~s ordinance by reference, is changed from the Agricultural (A) zoning distr~ct classification and use designation to the Light Industrial Conditioned (LI(C)) zoning d~strict classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, w~th the following conditions. i Permitted uses are restricted to the uses described in Exhibit 2, attached hereto and incorporated by reference herein 2 The total floor area for all building(s) constructed on the 4 2721 acres shall not exceed 25,000 square feet 3 No "off premise" signs (as define4 by Section 33-2 of the Code of Ordlnances of the City of Denton, cr lts succes- sor) will be permitted 4 All loading dock and dumpster areas shall be screened from the view of 1-35E by solid, opaque, scraens (fences, walls, or vegetation), reaching a helght of at lest slx feet above grade If vegetation is chosen, the owner of 24. the property shall maintain such that it remains opaque throughout each year. 5. That corrugated, or any other metal exterior, shall not be allowed on any building elevation visible from 1-35E 6 The owner of the property shall maintain all trees larger than two (2) inches an diameter, where any portion of their trunks are located within 25 feet of any property line, and this duty shall attach to the zoning ~ That the City's official zoning map Ks amended to show the change in zoning district classlf~cation ~ 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. ~ 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 publlshed twice in the Denton Record-Chronicle, a dally newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage ~ PASSED AND APPROVED thls the ~. D~day of ~ , 1995. ATTEST. JENNIFER WALTERS, CITY SECRETARY 25 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY / 26. FIELD NOTES TO 4.2721 ACRES IN THE D. LAMBERT SURVEY ABSTRACT NUMBER 784, DENTON COUNTY, TEXAS. ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING IN THE D. LAMBERT SURVEY, ABSTRACT NUMBER 784, DENTON COUNTY, TEXAS. AND BEING PART OF A (CALLED) 6.393 ACRE TRACT SHOWN BY DEED FROM BILLY JACK CARTER. ET UX TO PAUL A. LOCKHART. JR., TRUSTEE ON THE 1ST DAY OF NOVEMBER, 1972, RECORDED IN VOLUME 658, PAGE 676, DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT AN IRON PIN AT THE SOUTHEAST CORNER OF SAID 6 393 ACRE TRACT~ THENCE SOUTH 89 DEGREES 16 MINUTES 42 SECONDS WEST WITH THE SOUTH LINE OF SAID 6.393 ACRE TRACT AND ALONG AND NEAR A FENCE A DISTANCE OF 458.54 FEET TO A FENCE CORNER POST FOR CORNER; THENCE NORTH 32 DEGREES 15 MINUTES 24 SECONDS WEST WITH THE SOUTHWEST LINE OF SAID 6.393 ACRE TRACT AND ALONG AND NEAR A FENCE A DISTANCE OF 370.35 FEET TO AN IRON PIN FOR CORNER, THENCE NORTH 38 DEGREES 56 MINUTES 00 SECONDS EAST A DISTANCE OF 251.47 FEET TO AN IRON PIN ON THE SOUTHWEST RIGHT-OF-WAY OF INTERSTATE HIGHWAY NO. 35; THENCE SOUTH.51.DEGREES 04 MINUTES O0 SECONDS EAST WITH SAID HIGHWAY RIGHT OF WAY A DISTANCE OF 645 43 FEET TO AN IRON PIN FOR CORNER; THENCE SOU~H 02 DEGREES 18 MINUTES 41 SECONDS WEST WITH THE EAST LINE OF SAID 6.393 ACRE TRACT AND WITH A FENCE A DISTANCE OF 97 51 FEET TO THE POINT OF BEGINNING AND CONTAINING 4.2721 ACRES OF LAND C,S SE PERMI'FFED USES Primary Residential U~ ~to~. ~mg ~ R~mmg Hou~ H~el or M~el ~ucatio~l. l~titutlonal & S~I U~s ~h ~ R~ ~Uege ~ U~v~ty ~ ~te ~ty ~met ~bhc) ~y ~mp ~y N~ or K~etg~en ~h~l F~ ~ ~bmon ~ O~p Hom~ H~ for ~e of Al~hc, N~c or Psych,attic ~t~ents H~I (~ene~l Acute ~) H~I (~c ~) ~tl~ of Relis~ ~ ~l~opic Na~ ~bhc ~ Mo~ or ~nvent N~m~ H~ ~ R~den~ Ho~ for Ag~ ~ ~y~o~ ~ ~bhc C~umty ~nter ~h~l, ~vate ~ ~ ~nd~ ~h~l, Bu~ or T~e Utility. Acc~ & l~iden~l U~ A~ Bud~8 ~ty ~met ~ Su~m ~ T~ Line Tem~ ~eld ~ ~~ ~ (~ m ~ ~ ~ ~ ~ ~ ~) ~e ~ation ~ S~I~ ~bhc ~fe~ Buddm8 ~ T~,~m Line ~ Mete~g Station ~vate Sw~8 Teleph~e, Bu~ ~ Telephone Line ~d ~c~ge Switching or Rely Station Amuseme , eomme ~bhc ~rk ~ ~bhc P~eld ~ St~um Roller or I~ S~tmg Rink Sw~ ~ Te~ ~ub ~ter, ~er ~n Dnve.~ T~ T~eo~flon Rel~l~ U~x B~ S~z~ ~ Te~l M~or Pre~z Te~l Automobile ~ce U~ Auto ~ ~e ~ S~t~on ~e~ret~ as g~ ~z~o~convemen~ ~e) ~uque S~p ~ or ~o~ Shop ~e~l) ~g ~d ~g S~ll Shop and ~c~p ~om Pe~l ~ Shop ~, N~lew~k or W~vmg Shop ~ or G~den S~p G~u~ ~ P~ N~ ~e~a,l) ~cmfl Sh~ Ho~hold Apph~ce ~ce and Re~r Shop ~ ~f~l ~ A~m~tive ~ ~e~ ~le of ~r ~or W~ ~ ~e ~ub R~ Rem~l S~or~ ~d Sho~,~ ~ua~ f~l or I~ Re~l 5~o~ ~ S~ver 4,~ ~re f~ S~d~o for ~o~er, Musical, Am~ or H~lzh