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Home My WebLink About1999-384\\CH LOL\VOLIWardWepWWur Uowmmu tn�WM9 099OWin Ke" ORDINANCENO 99-3 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY PLACING A NEIGHBORHOOD SERVICES CONDITIONED (NS[C]) ZONING DISTRICT ON 173 ACRES OF LAND AND A SINGLE-FAMILY 7 CONDITIONED (SF-7[C]) ZONING DISTRICT ON 3537 ACRES OF LAND LOCATED ON THE EAST SIDE OF TEASLEY LANE APPROXIMATELY 700 FEET SOUTH OF HICKORY CREEK ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-039) WHEREAS, on July 27, 1999, City Council received a report, held a discussion and then directed staff to proceed with voluntary annexation of the 37 03 acres of land described by Ordinance 99-382 , and WHEREAS, Mark Weatherford, on behalf of John Whatley, has applied to initially place a Neighborhood Services conditioned (NS[c]) zoning district classification and use designation on 173 acres of land and a Single -Family 7 (SF-7) zoning district classification and use designation on 35 37 acres of land, and WHEREAS, on August 11, 1999, the Planning and Zoning Commission recommended approval of the proposed Neighborhood Services conditioned (NS[c]) zoning district classification and use designation on 173 acres of land and a Single-family 7 conditioned (SF-7[c]) zoning district classification and use designation on 35 37 acres of land, and WHEREAS, on October 19, 1999, the City of Denton voluntarily annexed 37 03 acres of land described by Ordinance 99-382, which was made effective upon its passage, and WHEREAS, the City Council finds that the proposed zoning will be in 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 SECTION 1 That the zoning district classification and use designation of the 173 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is Neighborhood Services conditioned (NS[c]) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions That permitted land uses be restricted to those described in the list attached hereto and incorporated herein by reference as Exhibit B Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky \\CH LOL\VOLIWuWWap" Wur powmmle Inuw Wn9 0390NInNO A detailed (site) plan must be approved prior to any development SECTION 2 That the zoning district classification and use designation of the 35 37 acre property described in the legal description attached hereto and incorporated herein as Exhibit C is Single-family 7 conditioned (SF-7[c]) zomng district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following condition That the 100 year floodplain on this property shall be dedicated as a drainage easement to preserve open space That 75% of the building exterior, except doors and windows, be constructed of brick or stone The minimum square footage per residential structure be at least 1,500 square feet SECTION 3 That the City's official zoning map is amended to show the change in zoning district classification SECTION 4 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 SECTION 5 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 published twice in the Denton Record-Chromcle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passagge�ett PASSED AND APPROVED tlus the 1 "day of &46*k" _, 1999 ATTEST; JENNIFER WALTERS, CITY SECRETARY BY APP ?VEDAS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BYG,i Page 2 EXHIBIT A Z-99-039 1 73 acres FIELD NOTES to all that certain lot, tract or parcel of land situated in the Berry Merchant Survey, Abstract # 800, Denton County, Texas and being part of a called 37 08 acre Tract described in the deed to John E Whatley, at ux, recorded in Volume 588, Page 109, Deed Records, Denton County, Texas, the subject tract being more particularly described as follows BEGINNING at a found 1/2-inch iron rod found with a cap for the Northwest corner of said 37 08 acre tract in the East line of a road under apparent public use posted as Farm to Market Road 2181, or Teasly Lane, THENCE North 89 Degrees 34 Minutes 07 Seconds East with the North line of said 37 08 acre tract a distance of 215 00 feet to %2-inch iron rod set with a cap, THENCE South 01 Degrees 04 Minutes 45 Seconds East leaving the North line of said 37 08 acre tract a distance of 351 00 feet to a'/2-inch iron rod set with a cap, THENCE South 89 Degrees 09 Minutes 50 Seconds West a distance of 215 00 feet to the East line of said public road to %2-inch von rod set with a cap in or near a fence line, THENCE North 00 Degrees 50 Minutes 10 Seconds West with the East line of said public road along or near a fence a distance of 188 13 feet to a %2-inch von rod found with a cap for an angle point in the East line of said public road, THENCE North 01 Degrees 21 Minutes 10 Seconds West with the East line of said public road a distance of 164 40 feet to the PLACE OF BEGINNING and enclosing 1 73 acres of land more or less EXHIBIT B "NS" NEIGHBORHOOD SERVICE ZONING DISTRICT PERMITTED USES (Z-99.039) Art Gallery or Museum Church or Rectory College or University or Private School Community Center Public Day Nursery or Kindergarten School Group Homes Hospital (General Acute Care Hospital Chronic Care Institutions of Religious or Philanthropic Nature Public Library Monastery or Convent ffu—rsing Home or Residence Home for Aged Park, Playground or Public Community Center School, Private Primary or Secondary School, Public or Denominational School, Business or Trade _.: PlaygroundPublic Park or Public Play Field or r Bakery or Confectioner Shop Retail Cleaning and Pressing Small Shop and Picku Custom Personal Service Shop Drapery, Needlework or Weaving Shop Florist or Garden Shop Handicraft Shop Lsundry or eaning Self Service Offices, Professional and Administrative Retail Stores and Shops - 4,000 square feet or less Studio for Photographer, Musician, Artist or Health Permitted Uses, Page 1 of 2 EXHIBIT B "NS" NEIGHBORHOOD SERVICE ZONING DISTRICT PERMITTED USES (Z-99.039) Antique Shop Restaurant • o *T*Tm*vmz w 111 _ Greenhouse or Plant Nursery... Permitted Uses, Page 2 of 2 EXHIBIT C Z-99-039 35 37 acres FIELD NOTES to all that certain lot, tract or parcel of land situated in the Berry Merchant Survey, Abstract # 800, Denton County, Texas and being a re -survey of all of a called 37 08 acre Tract described in the deed to John E Whatley, et ux, recorded in Volume 588, Page 109, Deed Records, Denton County, Texas, the subject tract being more particularly described as follows BEGINNING on the recognized South line of said Berry Merchant Survey at a capped von rod found at the Southeast corner of the herein described tract and the Southeast corner of said Whatley tract, THENCE South 89 Degrees 59 Minutes 00 Seconds West along and near a fence with the recognized South line of said Survey, a distance of 2494 54 feet to %cinch capped von rod set for the Southwest corner of the herein described tract in the East right-of-way line of FM Road 2181, THENCE North 00 Degrees 50 Minutes 10 Seconds West with said right-of-way line, along and near a fence, a distance of 288 13 feet to a %-inch capped iron rod set for corner, THENCE North 89 Degrees 09 Minutes 50 Seconds East leaving the said right-of-way line, a distance of 215 00 feet to a %-inch capped von rod set for corner, THENCE North 01 Degrees 04 Minutes 45 Seconds West a distance of 351 00 feet to a Ys-inch iron rod found with a cap for corner in the South line of a called 37 817 acre tract of land described in the deed to Herschel V Forester, recorded in Volume 605, Page 621 of the Deed Records of Denton County, Texas, THENCE North 89 Degrees 34 Minutes 07 Seconds East a distance of 2268 03 feet to a %-inch capped von rod set for the Northeast corner of the herein described tract and being the Southeast corner of said Forester tract and being in the West line of a called 59 242 acre tract of land described in the Deed to Pulte Homes of Texas, I p recorded in Volume 4134, Page 94 of the Real Property Records of Denton County, Texas, THENCE South 01 Degrees 57 Minutes 00 Seconds East along and near a fence a distance of 658 90 feet to the PLACE OF BEGINNING and enclosing 35 37 acres of land more or less