1999-241\\CH LGL\VOLl~hared\dept\LGL\Our Documents\Ordlnances\99~Z 99 030 Ordinance doc
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM
AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO
COMMERCIAL WITH CONDITIONS (C[C]) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR 2 13 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF 1-35
EAST AND SOUTH OF LILLIAN MILLER PARKWAY, IMMEDIATELY WEST OF CARPET
MAX, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR
VIOLAT][ONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-030)
WHEREAS, Everette Newland, acting on behalf of Carmel Properties #4 L P, has apphed
for a change m zomng for 2 13 acres of land from Agricultural (A) zomng d~stnct classfficat~on and
use des~gnataon to Commercml (C) zomng d~stnct classfficat~on and use designation, and
WHEREAS, on May 26, 1999, the Planmng and Zomng Commission recommended
approval of the requested change m zomng, and
WI-IEREAS, the C~ty Council f'mds that the change ~n zomng will be ~n comphance w~th the
1988 Denton Development Plan, the 1998 Denton Plan Pohc~es, and the 1999 Growth Management
Strategies and Plan, NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the zomng chstnct classfficat~on and use designation of the 2 13 acre
property described m the legal description attached hereto and ~ncorporated here~n as Exhibit A ~s
changed fl:om Agricultural (A) zoning d~stnct classfficat~on and use designation to Commercial w~th
conditions (C[c]) zomng d~stnct classffieatton and use designation under the comprehensive zomng
ordinance of the C~ty of Denton, Texas, subject to the following conditions
1 That permitted land uses be restricted to those described ~n the hst attached hereto and
~neorporated here~n by reference as Exhibit B
2 Ltghtmg on the property shall be designed and matntmned so as not to sh~ne on or
otherwise chsturb, surrounding residential property or to sh~ne and project upward to
prevent the d~ffusmn ~nto the mght s
3 That the floor-to-area rat~o be no greater than 0 25 1, allowing for a maximum of 23,196
square feet ofbmldmg area
4 All loading dock and dumpster areas shall be screened from wew of 1-35 E by sohd
opaque screens (fences, walls, or vegetation), reaching a height of at least slx (6) feet
above grade
5 That any metal exterior material shall not be allowed on any bmld~ng elevation (wall)
ws~ble from 1-35 E
SECTION 2 That the City's official zoning map is amended to show the change ~n zoning
district elassffieatlon
SECTION 3 That any person violating any provision of this ordinance shall, upon
convmtlon, be fined a sum not exeeedmg $2,000 00 Each day that a provision of this ordinance is
violated shall constitute a separate and obstruct offense
SECTION 4 That this ordmance shall become effective fourteen (14) days from the date
of its passage, and the City Secretary is hereby directed to cause the caption of tl~s ordinance to be
published twice in the Denton Record-Chromcle, a dally newspaper published an the City of Denton,
Texas, within ten (10) days of the date of its passage
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
EXHIBIT A
(Z-99-030)
2 13 ACRES
FIELD NOTES to eli that certain tract of land situated In the Daniel Lombard Survey, Abstract Number 7~4, in
the City end County of Denton, Texas and being all of the called 2 131 acre tract described in the deed from
Jerry Campbell to Carmel Prope~es ~ recorded In Volume 2~71 Page 443 Reel Property Records Denton
County, Texas as recogr~_ed and occupied on the ground, the subject tract being more perltcularly descnbed
aa follows,
BEGINNING for the Norlbwest comer of the tract being described herein et a capped iron rod set for the
Northwest Comer of said 2 131 acre tract on the Southwesterly rtg~-of-way llne of Intoa~e Hlghwsy 35,
THENCE South 51 Degrees 04 Minute 00 Seconds ~ along said highway w~ the Northeasterly line of said
2 131 acre tract, along and near · fence s distance of 73820 feet to · 'A" Iron rod found for the Northeasteriy
comer of said 2 131 acres and the Norltnvasterly comer of Lot 1 Block A Action Carpet Addl~ien, an addition
in smd Cib/, sccor~ng to the Plat thereof recorded In Cabinet N Page 355 of the Plat Records of Denton County
Texas,
THENCE South 38 Degrees 58 Minutes 59 Seconds West wah the Nol"bhweaterly line of said Lot I and the
~outhe~riy~l~e of said 2 131 acres along and near a fence · distance of 251 47 feet to a *A" Iron rod found
for the South comer of said 2_131 acres and the West comer of said Lot 1,
THENCE North 32 Degrees 15 Minutes 00 ~econds West ~th the Southwesterly line of said 2 131 acres along
and near · fence purported to be the middle of an old road · distance of 779 B5 feet to the PI..~CE OF
BEGINNING and enclcelng 2 13 acres of land
These Field Notes with the accompanying sketch were prepared from an on-the-ground survey made under
my dire~on and supen~sion on January 8, 1998 There ere no v~bie or apparer~ intrusions, protrusions or
easements exce. e.e.e.e.e.e.e.e~ es~showrl
~/~hesl J KemRPLSNo 4158
FLOOD STATEMENT, I have examined the FEMA Flood Ineurence Rate Map for the City of Denton,
Community No 460194, effective date April 2, 1997 end that map indicates that this properb/is not wi~in an
iden~ied flood zone as shown on Panel 3~6E of said map (Non aheded zone x )
NOTE, THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE BINDER OR SCHEDULE B
EXHIBIT B
(Z-99-030)
PERMITTED USES
Primary Residential
Ho~el or Mo~el
Educational. Institutional & S~ecial
A~ Oalle. ry or Museum
Church or Reotory
College or Untveraity or Private SCI~ol
Community Canter (pubh¢)
Da). Camp
Day Nursery or Kmdergaflen School
Fairground or Exlubitlon Area
Oroup Homes
Home for Care of Alcoholic, Narcotic or Psychiatric Patients
Hospital (General Acute Care)
Hospital (Chronic Care)
Institutions of Religious or Plulaflthroplc Nature
Pubhc Librav/
Monestary or Convent
Nuf3mg Home or Restdenee Home for Aged
Pmk. Playground or Public Commumty Canter
School, Private Primary or Secondary
School, Public or Denominational
School, Busm~ or Trade
Utility, Ace~ & lncidentnl
Accessory Budding
C~xnmunity Center (Private)
Electrical Generating Plant
Electrical Substan~
El~:tneal TnmsmL~_'_z~ Line
ru~ ~auon or ~mm~r Public Safety Building
Oas 'l'r~mmi~i~ Line and Metering Station
i~vate Swimmm8 Pool
Telephone. Business Office
Telephone Line and Exchange Switching or Relay Station
EXHIBIT B
(Z-99-030)
Pubhc ~rk or Playground
Pubhc Plaldield or Stadium
Roller or Ice Skating Rink
Sw~m or Tennis Club
Th~ter, Other tl~n Drive-In Type
Tr~nsnort~tion Rehted U~
Bus S~tion or Terminal
Hmulm8 or Stzrage Company
Minor Pretght ?ermlflal
Automobile Service
Auto Laundr7
Cruobfie Service Statson (Interpreted as gas st~,tmn/convenience s~ore)
Re~il and Service
Antique Shop
Bakery or Coaf~lonery Shop
Cafelerm
(~__qnm8 and Pressifl8 Small Shop and Pickup OrA Personal Service Shop
Dral~ry. Needlework or Weaving Shop
~ or Garden Shop
(]menhouse or Plant Nursery (Retail)
l-hnd~crufl ShOp
Household Appliance Service and RelMir
Mimeosmph, Smlorury or L~er Shop
Off~ Profe~dor~l and AdmmLsuatlve
Off Premise Sale of Beer and/or Wine
On Premise hie of Boer and/or Wine
Ucensed Private C~ub
Re~aurant
Re~til S~ores and Shops-4,(}(~0 square feel or les3
Retml Stores and Shaps-over .4,,.000 square f~
Sl~dto for pholoSrapher'Mustctan, Ar~tsl or Health
A~rk:ulturul
Greenhouse or Pi~nt Nursery
EXHIBIT B
(Z-99-030)
Permitted Uses With Approved Specific Use Permit
Pratenuty, Sorority, Lodge or Ctvtc Club