HomeMy WebLinkAbout1997-016Z-96-036d
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
IN ZONING FOR 136 ACRES OF LAND LOCATED ON THE EAST SIDE OF THE
INTERSECTION OF TEASLEY LANE AND LILLIAN MILLER PARKWAY FROM THE
SINGLE FAMILY 16 (SF-16) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO THE OFFICE CONDITIONED (O[c]), SINGLE FAMILY 7
CONDITIONED (SF-7[c]), AND SINGLE FAMILY 10 CONDITIONED
(SF-10[c]), PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, Jake Hersman, on behalf of Hersman Development
Corporation, owner of the sub]ect property, initiated a change in
zoning for 136 acres from the Single Family 16 (SF-16) zoning
district classification and use designation to the Office Condi-
tioned (O[c]), Single -Family 7 Conditioned (SF-7[c]), Single -
Family 10 Conditioned (SF-10[c]), and Planned Development (PD)
zoning district classifications and use designations, and submit-
ted a proposed detailed plan for the area requested for planned
development, and
WHEREAS, on December 4, 1996, the Planning and Zoning
Commission recommended approval of the requested changes in
zoning, and
WHEREAS, on January 21, 1997, after a public hearing, the
City Council approved the zoning as amended herein, said amend-
ments being more restrictive than the recommendation of the
Planning & Zoning Commission, and
WHEREAS, the City Council finds that this change in zoning
district 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 0 7 acres of land described by Exhibit A, attached
hereto, and incorporated by reference herein, is hereby changed
from the Single -Family 16 (SF-16) zoning district classification
and use designation to an Office Conditioned (O[c]) zoning
district classification and use designation under the comprehen-
sive zoning ordinance of the City of Denton, Texas, sub]ect to
the following conditions
1 That the only permitted use is Offices, Profes-
sional and Administrative
2 That the total floor area for all buildings con-
structed on the 0 7 acres shall not exceed 8,263
square feet
3 That no loading docks shall be permitted
4 That the front exterior walls of all buildings
shall be constructed of not less than 100% brick
or brick veneer, with 70% brick or brick veneer on
all remaining exterior walls of each building
5 That no "off -premise" signs (as defined by Section
33-2 of the Code of Ordinances of the City of
Denton, or its successor) shall be permitted
6 That no direct off -site lighting shall be permit-
ted
7 A "bufferyard" measuring fifteen feet (IS,) wide,
and comprising four (4) canopy and eight (8)
understory trees per each one hundred linear feet
(1001), shall be installed along the property
line(s) of the 4 4 acres abutting residential
lots
8 That the maximum building height shall be 35 feet
9 No individual building may exceed 7,500 square
feet
10 All buildings must have pitched roofs, and no roof
surface may have a slope of less than 30%
11 In addition to any streetyard landscaping required
by the Landscaping, Screening, and Tree Preserva-
tion Ordinance, the owner of the property shall
plant, as necessary, and maintain one additional
tree per every 50 feet of frontage along Lillian
Miller Parkway
12 The owner shall not designate or authorize any
area for parking within the front yard setback of
any building along Lillian Miller Parkway
13 No second story windows are permitted on any east -
facing facade of any building
SECTION II That the zoning district classification and use
designation of 83 4 acres of land described by Exhibits B and F,
attached hereto and incorporated by reference herein, is changed
from the Single -Family 16 (SF-16) zoning district classification
and use designation to a Single -Family 7 Conditioned (SF-7[c])
zoning district classification and use designation under the
PAGE 2
comprehensive zoning ordinance of the City of Denton, Texas,
subject to the following conditions
1 All driveways shall be constructed of concrete
2 All roof surfaces shall have a minimum 5-foot to
12-foot pitch or slope on the main structure and a
minimum 4-foot to 12-foot pitch on the garage or
porches
3 That the minimum air conditioned habitable living
area of the main residential structure of each lot
as measured to the outside of the exterior walls,
but exclusive of porches, garages, patios and
detached accessory buildings, shall not be less
than 1,600 square feet
4 That the total exterior wall area of the front of
each building, including the first and second
floor of each two-story building constructed or
placed on a lot, shall be l0ot brick, brick ve-
neer, stone, stone veneer, or masonry, and the
exterior wall area of all other exterior walls on
the first floor of each building constructed on a
lot shall be a minimum of 80& brick, brick veneer,
stone, stone veneer, or masonry
5 Each residence shall have a private garage suit-
able for parking not less than two (2), but not
more than four (4) standard -sized automobiles
Each garage shall be attached to the residence and
shall conform in appearance, design, and material
to the main residence
SECTION III That the zoning district classification and
use designation of the 51 9 acres of land described by Exhibits
C, D, and E of the subject 136 acres, is changed from the Single
Family 16 (SF-16) zoning district classification and use designa-
tion to a Single Family 10 Conditioned (SF-10[c]) zoning district
classification and use designation under the comprehensive zoning
ordinance of the City of Denton, Texas, subject to the following
conditions
All driveways shall be constructed of concrete
All roof surfaces shall have a minimum 5-foot to
12-foot pitch or slope on the main structure and a
minimum 4-foot to 12-foot pitch on the garage or
porches
PAGE 3
3 That the minimum air conditioned habitable living
area of the main residential structure of each lot
as measured to the outside of the exterior walls,
but exclusive of porches, garages, patios and
detached accessory buildings, shall not be less
than 1,800 square feet
4 That the total exterior wall area of the front of
each building, including the first and second
floor of each two-story building constructed or
placed on a lot, shall be 100% brick, brick ve-
neer, stone, stone veneer, or masonry, and the
exterior wall area of all other exterior walls on
the first floor of each building constructed on a
lot shall be a minimum of 80t brick, brick veneer,
stone, stone veneer, or masonry
5 Each residence shall have a private garage suit-
able for parking not less than two (2), but not
more than four (4) standard -sized automobiles
Each garage shall be attached to the residence and
shall conform in appearance, design, and material
to the main residence
SECTION IV That the City's official zoning map is amended
to show the change in zoning district classification
SSECTION V 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 VI 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 ordi-
nance to be published twice in the Denton Record -Chronicle, the
official newspaper of the City of Denton, Texas, within ten (10)
days of the date of its passage nn
PASSED AND APPROVED, this the o�j� day of , 1997
JA ILLER, MAYOR
PAGE 4
ATTEST
JENNIFER WATERS, CITY SECRETARY
Fi!i4oll
• LEGAL FORM
BY==
PAGE 5
JRN-17-1997 15 50 CITY OF DENTON PLRNNING P 07/15
Ectual? A
nbl.0 hoIlLS
0(t)
0 7 At,'im
Being all that certain lot, tract or parcel of land situated m the John Mc(mwan Survey, Abstract
Number 797, the b k Reynolds Survey, Abstract Number 1654, the B Lewis Survey, Abstract
Number 769, the M E P by P RR_ Co Survey, Abstract Number 950, and the J Fisher Survey,
Abstract Number 421, City of Denton, Denton County, Texas, being pan of a certain called
140 6925 acre tract of laud described in a deed to Hetsman Development Corporation (Herrman)
recorded in Volume 3453, Page 847 of the Real Property Records of Denton County, Texas. and
being more particularly described as follows
BEGINNING at a point on the west hire of said Herrman tract from winch pour a 1/2" rebar
found at the southwest comer of said Herstnan tract bears S 01 ° 0915" 1;, 81138 feet. said pour
being on the east nglit-of--way line of Lillian Miller parkway (80 foot R O W ), said point being
the point of curvature of curve to the tight,
THENCE Northeasterly, along the west line of said HMITIOn tract, the east right-of-way line of
Lillian Miller parkway and with the arc of said curve having a radius of 9W 00 feet, a central
angle of08021700, whose chord bears N 03 ° 10'25" E, 139 88 feet, an arc length of 140 00 feet
to a point, ,
THENCE S 82*38154" E, 242 12 feet to a point,
THENCE S 01 owl 5" E, 115 72 feet to a point,
THENCE N 8892325" W, 250 00 feat to the POINT OF BEGINNING and containing
approximately 0 7 acres of land
Page 2 of 2
JRN-17-1997 15150 CITY OF DENTON PLANNING P 08/15
ftk 8PT 8
FIELD NOTES
Sp-7
65 7 Acres
Being all that certmn lot, tract or parcel of land situated in the John McGowan Survey, Abstract
Numbs 797, the S F Reynolds Survey, Abstract Number 1654, the B Lewis Survey, Abstract
Number 769, the M B P 8e P RR Co Survey, Abstract Number 950, and the J Fishes Survey,
Abstract Number 421, City of Donlon, Damon County, Texas, being part of a certain called
140 6925 area UM of lend described in a dad to Herrmann Development Corporation (Har>mesn)
recorded in Volume 3453, Pegs 847 of the Real property Records of Penton County, Teips, and
being more particularly deewdied as follows
BEGINNING at a 112" mbar found at the mrtbwed coins of said Hamm= tract, MW point
being an the east right -of --way line of laWan Millar Parkway (80 Rot RP W X said point boles
also the suuthsraet comer of Soutridge Estates, Phase 1, an addition to the City of Denton
Comity, Team aocotdins to the plat theiauFrecordad m Cabmen K, Page 398 of the Plat Records
of Deiron County, Tease,
THENCE N 89°504" B, 21613 Poo along the north line of said Hum= tract and the south
boo of Soutiuidgo Estates to a point,
THENCE S 0060926" 13, 10 18 feat to a point,
THENCE S 52602,47" E, 218 44 feet to a point,
THENCE N 89"50,34" B, 1060 00 Rat to a point of eorvature of a VAY0 to the right,
THENCE Southeastaiy. with the arc of mM cave having a radios of 250 00 Rat, a control angle
of 47"02'44", whose chord bare S 66"38'05" E,199 56 feet, as are length of 205 27 feet to a
PoK
THENCE N 46"53-17" 6,193 87 Ret to a point,
THENCE N 61"53-17" E, 46 57 feat to a point in a pave to the lek
THENCE Southeestely, with the are of said calm having a radius of 125 00 Rat a central single
of 90"01y2I-, Willows chord beers S 00"09140- F, 176 79 Rot, an an length of 19&36 fact to a
1OU,
THENCE S 45"0750" B, SO 00 that to the point of=Wore of a curve to the tight,
THENCE Sou6aalady, with the arc of said am" living it radntl of 150 00 0 err a central eagle
of 45*00115", whose chord bears S 22039'43" 6, 114 82 feat, an arc length of 117 82 feet to a
Pam.
THENCE S 00*0915" E, 5134 foe to a poiM
THENCE S 89°5025' W, 30 00 Re to a point,
THENCE S 25°5200" K 90 02 fed to a polo[,
THENCE S Ill- 5111241i, 120 96 Ret to a point,
THENCE S 1204921" W. 143 78 fat to a point,
Pap 2 of 3
JAN-17-1997 15.50 CITY OF DENTON PLANNING P 09/15
ftmerve J3
THENCE S 00" 1&29" & 30 00 fiat to a point,
THENCE S 89"4V31" W. 481 88 fen to the point of curvature of curve to the left,
THENCE Southwastedy, with the my of seal curve having a mdma of 1000 00 feat, a cwW
angia of 23"IVW, Whose chord bears S 78" 13V3" W, 402 42 fist, an arc Imob of 403 19 feet
to a point,
THENCE S 6603635" W. 435 00 feat to a pond,
THENCE S 23 *23125" $, 309 58 Ghat to a poan,
THENCE N 76"57-46" B, 321 15 feat to a point,
THENCE S 250211400 K.109 99 fiat to a point,
THENCE N 8994W31" A 648 50 foot to a polo[,
THENCE S 17"5231" E, 135 39 feet to a pottd,
THENCE S 70"3(Y44" IL 106 53 he to a point,
THENCE S 8892378" Q 263 58 fm to a point,
THENCE N 88"06'S9" K 43619 fast to a pohn,
THENCE S 15°3SW- K 30 25 Pont to a point on the south hoe of amd Heenan bant. and
pant befog on the north Hoe of a catein tract of land daecribW in it deed to Lynn Cott et al
recorded m volume 1152, Pegs 468 of the Heed Records of Denton County. Tares,
THENCE N 88"23'25" W (Record), 2848 54 feet along the south line of acid Hermann tract and
the north line of new Cott tract to it pant,
THENCE N 01"00'15" W, 614 07 font to a Point.
THENCE S $8923125" E, 252 36 feat to a pontt n a curve to the left,
THENCE Northeast*. with the arc of said vim having a rmhus of 1000 00 Sat, a Central
ani fa of 07" 14'26", whom chord beers N 87059'22" E, 126 29 fink an we length of 126 37 fbet
to a point.
THENCE N 05-W11" W, 338 88 fiat to the pond of envalt M of a curve to the left,
THENCE Northwesterly, with the am of aid ante having a re" of650 00 that, a mental
mWe of 54029'34", whose chord hears N 32"42158" W, 59516 Poet, an am length of 619 20 feet
to a point,
THENCE N 39957450 W, 50 48 lam to a point on the wan bm of acid HMMM [tact and the
seat daWof-nay line of, A'ar Mmer Parkway,
THENCE N 300OVI S" E, 345 38 Pont along the am fight -of -way ban of LMM Millar Parkway
to the POINT OF BEGINNING and mmining epprammafely 65 7 acre of land
Pegs 3 of 3
JAN-17-1997 15351 CITY OF DENTON PLANNING
P 10/15
B%heir C.
FHELD NOTE$
8F-10
38 9 AW=
Being all that certain lot, tract or parcel of lead situated In the John McGowan Sumay, Abstract
Number 797, the $ F Reynolds Survey. Abstract Number 1654, the B Laois Survey, Abstract
Number 769. the M. B F & F RR. Cc Survey, Abstract Number 959, and the J Fisher Survey.
Abstract Number 421, City oflJentot>, Dawn County. 7 Oxus, being part of it certain called
140 6925 sore tract of lamb deso tbod in a deod to Harman Development Corporellon (Hamner)
recorded In Volume 3453. Fagg 847 of the Real 11reperty Records of Denton County, Taus, and
being more pancculady described a follows
I9EGJNNING at a 112" mbar quad at the nortlreat corner of Said lieruna tract, wd point
being also the northwest comer of a amain treat of land downbei m a dead to llama H. Hadary.
hLD , recorded 1n Volume 29606 Page 257 of the Real Property Records of Denton County,
Tess.
1.01
THENCE $ 0o"2no" W, 1589 74 tbet along the out lino orsdd Hauntm erect to it 1/2" mbar
found at the southeast cantor threat.
THENCE N 88°2375• W (Record). 46461 feat along the south low of seal Heanran had to a
point,
THENCE N 15`3572" W, 363 25 lbot to a point,
THENCE $ 88°06'S9" W, 43618 that to a pond;
THENCE N 21 °487r W, 143 72 fbet to a point,
d
THENCE N 00' 10'29" W. 604 44 flint to a peat,
'THENCE $ 89941131" W. 206 i f//ear to a point.
THENCE N 00° 10'29" W, 30 00✓4t to a point,
THENCE N 12449'21" B. 143 78 feat to a pent.
THENCE N Ill"Sl'12" W,120.96 toot to a poml,
THENCE N 25052400" W, 90 02 feat to a point.
THENCE N 9905075" B, 30 00 h(M to a pond,
THENCE N 00"0935" W. 51.34-1�t to the poha of curvature of a move to the left,
THENCE Northwesterly, with the arc of aid save hsvmg a nudes of I50 00 foot, a central ✓
angle of 454W'15% whoa chord ban N 22039'43" W. 114 82 feet, an arc length of 117 82 hat
to a point.
THENCE N 45"09'50" W, 50 00 flea to the point of curvature of a curve to the r*,
THENCE Northeestedy, with the am of sad curve laving a radius of 125 00 teat, a central aaglo
of 9090tMI ", whose chord bar N 00'O1r40" W, 176 79 tee, an arc length of 196 36 the to it
pour of reverse "Wore;
page 1 of2
JAN-17-1997 15 51 CITY OF DENTON PLANNING P 11/15
banN221'N103 6Salmi weWi m of pP7s54&Atodzus toSPPoinloinftMMM�ofwd
lie nums aract.
TMOCE N 8905W34" E, 319 66 foot to a 318" rebar fbemd at the caanhedy nonhout coma'
dweof, Bald point bd%on too weal ling of GOFMR trot of land dasonbod in a dead to J H.
Tbomaa tecmded m Volams 293, Page 134 of the Dad Records ofDienton Cormty, Two,
THMCC S 00-4541" K 305 9a foal ahapl as east Sere of seal Hwsman tract and the wag Sne
of Sabf Thmmm tract to a IX robot fband at tbo southwest comer thamt,,
THXMCE N 59.401" B. 1013 45 feet along a etartb line of said Hassan trot and the South9
bon of Sold 7'ltomm treat to tho POIN f OF Bnd BEGINNING acone mng appm%i tely
emu of land
Pegs 2 of2
JAN-17-1997 15 51 CITY OF DENTON PLANNING P 12/15
Gito-t err D
FIELD NOTES
SF-10
5 2 Acme
Being all that esstrda io1, tract or parcel of lend situated In the John Mc0owann Survey, Abstract
Ntmlber 797, the S F Reynolds Survey, AWM= Number 1654, the B Lawrie Survey, Abstract
Number 769, the M R. P A P RR Co. Survey, Abstract Number 950. and the J Fisher Survey,
Abstract Number 421, Cdy of Damon, Demao County, Texas, being pan of certain called
140 690 ace tract of lead described in a dead to Htasman Devel0ruent Corporation (Hmmnn)
recorded in Volume 3453, Page 841 orthe Real Pmtwty Records of Denton County, Tmas, and
bring more partrddmiy dawdbod ea fellows
BEGINNING at a point on Wes math Ims of odd Harman tract, from wbmb a 1W mbar tbmrd at
the northamat comer tininofbaan S 890SM' W. 216 13 foss,
THENCE N 99050'340 K 1627 16 Sat along the north Dan of add Haamen tract to a point in a
save a the nglu,
THENCE Srmthwaetwly, whh the am of acid curve having a radius of 100 00 feet, a central
angle of 4405V580, wboa chard ban S 2202072' W, 76 54 feet. an am length of 78 54 feet to
a point,
THENCE S 61053' Ir W. 46.57 feet to a p0111
THENCE S 46053'170 W,193 87 feet to a point is a curve to the left.
THENCE Northwesterly, wdh the art of said curve having a radius of 250 00 feet, a oentml
angle of47002'440, wbom obmd ban N 66'3n5' W, 199 West, anon length of 205 27 foot
to a pvud,
THENCE 8 89'SW340 W. 1060 00 feet to a good,
THENCE N 52902'470 W, 213 44 that to a pmm.
THENCE 00009'2d0 W, 101S fbet the POINT OF BEGINNING and containing
approximately 5 2 acres of land.
Page 2 of 2
JAN-17-1997 15 51 CITY OF DENTON PLANNING P 13i15
em, mi (r
FIELD NOTES
SF-10
7 8 Aaa
Bang all that catdm hot, tram or puod of land dumW in the John Mo0owan 8tmvey, Abstract
Number 797. tha 8 F Reyrteidt Survey. Abstract Number 1654. the B f.eWis Survey, Abalmd
Number 769. thB M S P Jt P RR Cm Survey. Abstract Nunba 95% and the J Fisher Survey,
Abstract Number 421. City of1>enton, Denton County. Texas, being put ofa certain 9AW
140 6925 ace iraat of land desafbsd or a dead to Hannan Development Corporation (Hannan)
teco lad in Volume 3453. Page $47 of the Real Property Reoords of Denton County, Tana, and
bolos more partaadady dowdbod as follows
BEGINNING at a point on the wed has of add Hamm tract, from WMM a 112" rabv found at
the northwest corner thamfbon N 30*0715" 13, 345 38 tbd, said point being on tho east right-
of-way Imo of LiNdn MNIa (80 foot R O W ),
THENCE 8 59"57'45" E. 50 48 Poet to the POW of WVMN of a curve to the right,
THENCE SoutLeastaly, with the arc of sold curve having a radius of630,00 Pont, a asMral eagle
of 54929"34", whose choml bees N 3204218" E, 59516 Poo, an aro lVajoh of 619 20 fast to a
POW.
THENCE S 0502VI 1 • E, 358 88 feet to a point in a curve to the right,
THENCE Southwmtaly, with des am of said mtva Ravers a radius of 1000 001e11t, a central
angle of 07.1476% whom Oland been 8 97.5922• W, 126 29 fee, an we length of 126 37 test
to a point,
THENCE N 8802315" W. 252 36 fed to a pant.
THENCE N 011WI51 W. 313 M fed to a polar,
THENCE N 9293VS40 W, 242,12 fee to a point on the west Una of add Hannan tract and the
east Iba of I. UIM Miller Pericwa% add point bring in a curve to the right.
THENCE Nottltastaly, with the are of said wive laving a radius of 960 00 Poe, a central an&
of22.33'580, whom chord bum N 19938'05" E, 375 66 Pod, an arc Mogth of 37B 10 Pod to a
point.
THENCE N 30.02'15" E, 206 70 fast almgt the west UBs cf sad Haaoat tract amd rho ent
nghtof wary has ofLetl W Mrpa Parkway to the POINT OF BEGINNING and containing
approximately 7 8 acres of land
Page 2 0f 3
7AN-17-1997 15 52 CITY OF DENTON PLANNING P 14/15
fa w asir F
FIELD NOTES
PO
17 7 Acres
Being all that certain IM tract or pined of land mtualed in the John IdclGawan Survey. Abstract
Number 797, the S F Reynolds Survey, Abstract Number 1654, the B Lewls Survey, Abstract
Number 769. the M. B P & P RR Cc Survey, Abair" Number 930, and the J Fuhw Survey -
Abstract Number 421. Cray of Dmaoa. Denton County, Tessa, being Fart eta catmint celled
140 692$ ace treat of land described In a deed to Hamm Development Cmporatim Olersmmn)
recorded in Volumes 3453. Page 847 of the Red Property Records of Denton County, Tmma, and
being more particularly desanbed as follows,
BEGINNING at a point from Which a IM "bar fi "md at the southeast career of said Hermaat
tract bees N 89*W59" E.436 18 Sret, S 15"35'22° $. 363 25 feet and S 88°23,25" $,
464 61fesC,
THENCE N 8802325" W, 263 38 feat to a point,
THENCE N 70°30'44° W, 106 53 feet to a pond.
THENCE N 176523Is W. 135 39 cant to a Pam..
THENCE 8 89°4931° W, 648 50 feet to a WM
THENCE N 23°21'40" W. 109 99 fees to a point,
THENCE 8 76°S7'46" W, 321 13 Pent to a pond.
THENCE N 2362325° W, 309 58 fees to a Poitd,
THENCE N 660305' 16 435 o0 feet to the point of nuvature ofa pave to the dgW
THENCE NorthmwN y, with the am of said carve having a radiw of 10D0 00 feat, a eaarral
eagle of 23.1T$60, whose chord baua N 19013433" & 402 42 feat, on are length of 405 19 feet
to a point,
THENCE N W49311 E, 688 42 fact to a point.
THENCE S 000 10'29" B, 604 44 Spot to a point.
THENCE S 21 °4n42" E, 143 72 tact to the POINTOF BEGINNING and owad®g
eppamometeiy 17 7 sores of land
Pone 2 9172
P 15/15
7AN-17-1997 15.52 CITY OF DENTON PLANNING
�i
j r
r a
d
U—
rtt`'
I
if
:eaa�'�je
Al
If
ji'�
l a �ili
�ieawlo � yt�y'j
R •
a
P3131alrjt�d��l too
�M�J•J1�`llli!#eR
TOTAL P 15