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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