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HomeMy WebLinkAbout1998-223Z 9M31 ORDINANCE NO q g AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A), OFFICE, CONDITIONED (O[C]), AND ONE FAMILY DWELLING (SF-10) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED (O[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 14 31 ACRES OF LAND LOCATED ON THE WEST SIDE OF BONNIE BRAE STREET, APPROXIMATELY 750 FEET NORTH OF WILLOWWOOD STREET, PROVIDING FOR THE REVOCATION OF SPECIFIC USE PERMITS NUMBER ONE HUNDRED NINETY-FOUR (194) AND ONE HUNDRED NINETY-SIX (196), PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Liberty Christian School initiated a change in zoning for 14 31 acres of land from the Agricultural (A), Office Conditioned (O[c]), and One Family Dwelling (SF-10) zoning district classification and use designation to the Office Conditioned, (O[c]) zoning district classification and use designation, and WHEREAS, the conditions for specific use permits one hundred ninety four (194) and one hundred ninety six are no longer valid with the rezoning, and WHEREAS, on July 8, 1998, the Planning and Zoning Commission recommended approval of a change from the Agricultural (A), Office Conditioned (O[c]), and One Family Dwelling (SF-10) zoning district classification and use designation to the Office Conditioned, (O[c]) zoning district classification and use designation and revocation of Specific Use Permits Number One Hundred ninety-four (194) and One Hundred ninety-six (196), and WHEREAS, the City Council finds 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 SECTION I That the zoning district classification and use designation of the 14 31 acres of land described in Exhibits A and B, attached hereto and incorporated by reference herein, is changed, from the Agricultural (A), Office Conditioned (O[c]), and One Family Dwelling (SF- 10) zoning district classification and use designation to the Office Conditioned, (O[c]) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions 1 Prohibited uses The uses described in enclosure 5 shall be prohibited from the zoning classification and land use designation, 2 Buffer yard A buffer yard of not less than ten feet in width shall be maintained along the southern boundary, to include ■ A solid screen of not less than six (6) feet, ■ Four (4) trees from the large and medium size tree list from the City's Landscape Ordinance for every one hundred (100) feet of boundary, and ■ Four (4) trees from the small size tree list from the City's Landscape Ordinance for every one hundred (100) feet of boundary Lighting Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion into the night sky SECTION II That Specific Use Permits number One Hundred ninety-four (194) and One Hundred ninety-six (196) be revoked SSECTION III That the City's official zoning map is amended to show the change in zoning district classification and revocation of Specific Use Permits number One Hundred ninety-four (194) and One Hundred ninety-six (196) SECTION IV 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 V 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- Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the `f — day of �� 1998 J K `-ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY AP OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY F \shmd\dedt\LGL\Dur Dowrnents\0rdjnsnces\98\Z 98-031, Liberty Christian doc EXHIBIT A FIELD NOTES WHEREAS, Liberty Christian School is the owners of all that certain tract of land situated in the O S Brewster Survey Abstract No 56 and the E Puchalskl Survey Abstract a 996 City of Denton Denton County Texas and being all or Liberty Christian School Addition an Addition in the City of Denton Denton County Texas as recorded In Cabinet M Page 37 of the Plat Records of Donlon County Texas, all of Jane Marshall School Addition an Addition in the City of Denton, Denton County Texas as recorded at Cabinet G Page 344 of the Plat Records or Denton County, Texas and all of a called 0 532 acre tract of land described In the Deed to Liberty Educational Ministries Inc recorded in Clerk s FIN a 96-RO044923 of the Real Property Records of Denton County, Texas as recognized and occupied on the ground the subject tract being more particularly described as follows r. BEGINNING at a W capped iron rod set for comer in the West dedicated line of Bonnie Brae at the Northeast comer of said Jane Marshall School Addition THENCE South 00 Degrees 35 Minutes 19 Seconds East win the West dedicated line of Bonnie Brae a distance or 250 28 feel to a Sh Iron rod found for comer at the Southeast comer of said Jane Marshall School Addition and being in the North line of said Liberty Christian School Addition THENCE North 89 Degrees 52 Minutes 01 Seconds East a distance 10 00 feel to a lY capped iron rod found for comer at the Northeast comer of said Liberty Christian School Addition in the West dedicated line of Bonnie Brae THENCE South 00 Degrees 40 Minutes 61 Seconds East with the West dedicated line of Bonnie Brae and the East line of said Liberty Christian School Addition a distance of 565 68 feel lea 34 capped iron rod set for comer in the North line of said 0 $32 acre brad THENCE North 89 Degrees 24 Minutes 35 Seconds East a distance 39 89 reel to a point for comer at the Northeast comer of said 0 532 acre tract In or near The canleriine of said -Bonnie Brae — THENCF South 00 Degree 45 Minutes 39 Seconds East along or near said centerline a distance 125 11 feel to a point for comer at the Southeast comer of -said 0 532 acre tract — THENCE South 84 Degrees 11 Minutes 41 Seconds West a distance 40 23 feet to a %" capped Iron rod found for comer in the West dedicated line or Bonnie Bras THENCE South 00 Degree 40 Minutes 51 Seconds East with the West dedicated line of Bonnie Brno a distance of 114 25 feel to a 14' capped iron rod found for comer at the Southeast comer of Liberty Christian School Addition, THENCE North 89 Degrees 48 Minutes 53 Seconds West a distance of 134 44 feet to a 'A capped iron rod found for comer THENCE North 00 Degree 25 Minutes 06 Seconds West a distance of 7 75 feel to a chain link fence comer post for comer THENCE South 89 Degrees 54 Minutes 37 Seconds West a distance of 304 74 feel to a W capped iron rod found for comer at the Southwest comer of said Liberty Christian School Addition In the East right of way line A T d S F Railroad THENCE North 15 Degree 52 Minutes 54 Seconds West with said right of way line a distance of 638 21 feel to a %' capped iron rod found for comer THENCE North 23 Degree 00 Minutes 50 Seconds West with said right of way line a distance of 20156 feel to a W capped Iron rod found for corner at the Northwest comer of said Liberty Christian School Addition and the Southwest comer of said Jane Marshall School Addition THENCE North 15 Degree 52 Minutes 54 Seconds West with said right of way line a distance of 206 70 feel to a concrete monument found for comer in the East right of way line of Interstate Highway 035•W THENCE North 20 Degrees 56 Minutes 25 Seconds East with the East right of way line of Interstate Highway 035 W a distance or 55 15 feel to a 5, iron rod found for corner at the Northwest corner of said Jane Marshall School Addition THENCENcrih 89 Degree 52.Minules 40 Seconds East a distance of 707 36 feel to the POINT OF BEGINNING and enclosing 14 31 acres of land more or less C \My Documents\0rdmanceslZ•98 031 doc EXHIBIT B fmy 3 /7 FIFTH TRACT JESS NEWTON RAY20R of DI VOL 775 PO 112 DR I I I E RI N 89-52 40 70736 IRS/CAP uOMAT[ UM1Ti OF FLOOD m I LONL 1rAA9 NNAl[p PLR ri M A PAN •{ E MAP (48121C so L C°MUUNITY R A900• 0 p ZON / rLCTIVL DATE • 2 97 1 N /LIBERTY EDUCATIONAL e w MINISTRIES INC m / CF 096-R0046616 MAV Et +, „ / UC"IR PC pt"t't ABINTTE ADDITION 1 0 E l,l ;t OOIUNtV 1 N 1 CE"j 0" C 200E _r.t• u fo DEDICATION PEP c.e o ra ]•• 1 IN 99.5201 E 1000 N• F e93201 E $0300 ERISTINO °PAINADE O IS FLOOD PLAINT 1 I 1 a ESMT I "Et 1 Of 11Q♦VI .p A"s I N ill IREtR'`'°`Nt it 0 ! 41r \ / E M�SOH°F ONE II IAF/CAI bSr2.i'lIl 0EM Ht�t ED \/]d 11900 ]•Nn 1E Ism Q LIBERTY CNR211AN SCHOOL ADDITION 1 NT co CABINET•' SINET 0 r10[ ]•• I I co � ee9.nsP 36991 •M1• soiil OI Z N p4 (o 4.1 1 a O I Z ED U[ I 1 �1,10 1 N 1 m It AI'I I rN fT NE EION I^�1 s. I ' •C ADDITION �I �1 EXISTING C US CABINET K PACE 100 i 1 12337 1 6 1 P,A yR I W 2 0 • c '11 '1 O 1 ]]]2 E I I N 09.24 35 E 5969 M1 I" I 1 1 1 LOT I BLOCK A 14 31 ACRES 940 ACRES 1 \ I � 1 IS C \My Decument!\Ordinance3\Z 98 031 doc r Nf{C ROAO W OEDICATH U ACR EDUCATIO�" ICF /96?RIOOR4� 23 Yti N \ S 04.11 41 W 4023 CI o wF/CAI I M S 00.40 51 E CHAIN LINK rcr ` I I 114 26 1 S 09.34 37 W 30474 (..I/CAI 1 N 00-2506 IS I 1 1 775 N 89.40 53 W \ i � THOMAS C MATTS B 13444 PATRICIA A MATTS CF 096-ROO69339