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