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HomeMy WebLinkAbout1998-392ORDINANCE NO '70'39A AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURE (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO OFFICE (0) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1 569 ACRES OF LAND LOCATED AT 3805 W UNIVERSITY, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Donald L Barnes, on behalf of John Stout, has applied for a change in zoning for 1 569 acres of land from Agriculture (A) zoning district classification and use designation to Office (0) zoning district classification and use designation, and WHEREAS, on October 28, 1998, the Planning and Zoning Commission recommended approval of the requested change in zoning, and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS Section I That the zoning district classification and use designation of the 1 569 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from Agriculture (A) zoning district classification and use designation to Office (0) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions 1 Permitted uses will be limited to office, single family, and studio for photographer, musician, artist or health 2 The total floor area for all buildings constructed on the 1 5 acre tract shall not exceed 10,000 square feet 3 The exterior walls of all buildings shall be constructed of masonry, brick or brick veneer 4 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 5 No building shall exceed a maximum building height of two (2) stones 6 Signs on the property shall be limited to vertical signs not to exceed 6 feet Section II That the City's official zoning map is amended to show the change in zoning district classification Section III 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 tlus ordinance is violated shall constitute a separate and distinct offense Section 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, PAGE 1 Texas, withm ten (10) days of the date of its passage r PASSED AND APPROVED this the /Aday of , 1998 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 STATE OF TEXAS X COUNTY OF DENTON X WHEREAS, WE, BETHEL TEMPLE CHURCH OF DENTON ARE THE OWNCRS OF A 1 S694 ACRE TRACT IN THE WILLIAM BRYAN SURVFY, ABSTRACT NO 149, CITY OF DENTON AND COUNTY OF DENTON, TEXAS AND RFING PART OF A CERTAIN (CALLED) 11 188 ACRE TRACT AS DESCRIBED IN A DEED FROM FIRST STATE BANK OF DENTON TO RETHFL TEMPLE fHURf II OF DENTON ON TIIE IITH DAY OF JUNE, 1478, RECORDED IN VOI TIME 876 PAGE BAN, DECO RECORDS OF SAID COUNTY, AND BEING HOPI fU1-1Y PFSFRIBFII AS FOLI OWS REGIINING AT THE NORTHEAST CORNER OF SAID II 188 ACPF IPAC I IN THE SURVEY LINE BETWEEN SAID DRY,N SURVFY AND THE 1111B A CRR SURVFY ABSTRACT NO 192, SAME RFII, THE NORTHWFST CORNER OF TIIF SEI DID SCHOOL PROPERTY IN THE SOUTH RIGHT (IF WAY OF U S HWY 380 THENCE SOUTH 07 OFGREES 07 MINUTES AND 10 SCf OND' U1 ST ALONG AND NEAR A FENCE ON SAID SURVEY LINE A DISTAIIrF DI 116 75 FFET TO A FENCE CORNER, THENCE NORTH 84 DEGREES 59 MINUTES AND 50 51rONU' WI ST Al ONG AND NEAR A FENCE A DISTANCE OF 32 13 FE 1 TO AN 'TGIF IN FFNrE THENCE NORIO °P DEGREES 48 MINUTES AND ^ SFIDNDS WFS1 ALONr AND I1FAP A FENrF A nlSTANCE OF 117 111 F ET TO n 1`11I11T TUFNCE NORTH 07 DECRFCS 07 MINUTES IND 10 I r IDS FAST A nl'T4NCF OF 456 "91 FEET TO A POINT IN THE SOUTH RII Of (IF WAY OF 1) S HWY 190 THENCE SOUTH 87 DFGRFES 45 MINUTES AND 00 SFC0NU4 LA F ALONG TIIF SOUTH RIGHT-OF-WAY OF SAID U S HWY 3rO A DISTANCE nr 1,,0 n0 F,rl TO THE POINT -OF -BEGINNING AIID CONTAINING 1 1614 ACRF OF IAND NOW THEREFORE KNOW THESE MEN BY TIIE E PRESENTS THAT, WE, BETHEL TEMPLE CHURCH, DO HEREBY ADOPT THIS PLAT, DESIGNATING THE HEREIN DESCRIBED PRJPLRIY AS IOT ONE BLOCK ONE Dr I'll ACTnFI IF H"Ir PARSONAGE ADO IITON TO THE CITY O" DENTON. TTXAS AMU DO HEREBY DEDICATE TO THE PUBLIC IISE FOREVER THE STREETS AND EASEMENTS SHOWN HEREON STATE OF TEXAS XX COUNTY OF DFNTON XX BEFORE ME THE UNDERSIGNED NOTARY 'IUBL If IN AND FOR SAID COUNTY AND STATE ON THIS DAY PERSONALLY APPEARED RAY STOIJI KNOWN TO ME TO BE THE IERSON WHOSE NAME IS SUOSCRII CD TO TIIF FOREGOING INSTRJMENT AND ACKNOWLEDGED TO MF THAT HE hX[CUlf1) THE SAME FOR TIIF PURPO'r ANN CONSIDERATIONS THEREIN FXPRC'SFII AND IN Till CAPACITY THEREIN STATED, GIVFN UNDFR MY HAND AND SEAI OF OFF IrE IlII OF 19 A6T> RSG� f4L���DTt-2T7b� UNYJ �'�.l,eQ i1n,IIS SURVEYOR'S CERTIFICATE KNOW THESE MEN BY THESE PRESENTS THAT, 1, GARY W HAMMETT, REGISTERED PROFFSSIONAL SURVEYOR DO HEREBY CERTIFY THAT I PREPARED THIS PLA1 FROM AN ACTUAL AND � ACCURATE SURVEY OF THE LAND, AND THAT THE IRON PINS SHOWN THEREON o yo lao —y WERE PLACED UNDER MY PERSONAL SUPERVISION IIV ACCORDANCE WITH THE ORDINAN OF THE CITY OF DENTON SCALE 1"50 ! ./y%i"' v wn� pppY W HPMMETT � 0 1849 a a T FINAL PLAT