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HomeMy WebLinkAbout1996-035Z 95 039 ORDINANCE NO /6- 035 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED (O(c)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION AND THE SINGLE FAMILY 10 (SF-10) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1 50 ACRES OF LAND LOCATED ON THE WEST SIDE OF BONNIE BRAE, APPROXIMATELY 2,000 FEET SOUTH OF I-35E, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Greg Edwards, on behalf of Liberty Christian School, has applied for a change in zoning for 1 12 acres of land from the Agricultural (A) zoning district classification and use designation to the Office Conditioned (0(c)) zoning district classification and use designation and for a change in zoning for 0 38 acres from the Agricultural (A) zoning district classification and use designation to the Single Family 10 (SF-10) zoning district classification and use designation, and WHEREAS, on February 14, 1996, 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 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 1 12 acres of land described in Exhibit 1, attached hereto and incorporated into this ordinance by reference, is changed from the Agricultural (A) zoning district classification and use designation to the Office Conditioned (O(c)) zoning dist- rict classification and use designation, under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions 1 The uses described in Exhibit 2, attached hereto and incorporated by reference herein, are prohibited 2 No vehicle maintenance on the O(c) property 3 No access to Bonnie Brae SECTION II That the zoning district classification and use designation of the 0 38 acres of land described in Exhibit 3, attached hereto and incorporated into this ordinance by reference, is changed from the Agricultural (A) zoning district classification and use designation to the Single Family 10 (SF-10) zoning district classification and use designation, under the comprehensive zoning ordinance of the City of Denton, Texas, SECTION III That the City's official zoning map is amended to show the changes in zoning district classifications 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 dog day of 1 1996 HERBERT L PROUTY, CITY ATTORNEY BY 4�//i c _� _ `r' 4 �6rt I /TO PARTIBS D3RECTLY CONCERNED WITH THE PREMISES SURVEYED DBSCRIPTION All that certain tract of land situated in the O S Brewster Survey, Abstract No. 56, and being a part of a called 2 028 acre tract of land ( Tract I) and a part of a called'0 IA 5 acre tracb (Tract II) described in the warranty Deed from Lewis Olin Middleton et ux to'Oran G Reaves Jr et ux recorded in Volume 886, Page 130 of the Denton County Deed Records, Dtract entonCounty, Texas, as recognized and occupied on the ground the subject being particularly described as follows BEGINNING at a 1/2" square iron rod set for corner in the West line of Bonnie Brae Street and being at the Southeast corner of said Tract I, THENCE South 01 Degree 00 Minutes 02 Seconds East with the West line of Bonnie Brae Street a distance of 16 00 feet to a 1/2" iron rod found for corner at the Southeast corner of said Tract II, THENCE North 89 Degrees 48 Minutes '53 Seconds'West with the South line of said Tract II a distance of 150 09 feet to a 1/2" square iron rod set for corner at a salient of corner of said Tract II, THENCE North 00 Degree 25 Minutes 06 Seconds West a distance of 7 75 feet to a chain link fence corner post for cp;ner to a reentrant corner of said Tract II; THENCE North 01 Degrees 10 Minutes 06 Seconds East severing said Tract II a distance of 8 25 feet a 1/2" square iron rod set for corner at a reentrant corner of said Tract I, THMCB North 01 Degrees 04 Minutes 05 Seconds West severing said Tract I a distance of 90.68 feet a 1/2" square iron rod set for corner at the Southwest corner of a Save and Except tract described in said Deed recorded in Volume 886, Page 130, THENCE South 89 Degrees 48 Minutes 53 Seconds East with the South line of said Save and Except tract a distance of 70 06 feet to a 1/2" square iron rod set for corner, THENCE North 83 Degrees 28 Minutes 59 Seconds East with the South line of said Save and Except tract a distance of 80 10 feet to a 1/2" iron rod found for corner in the West line of Bonnie Brae Street, THENCE South 01 Degree 00 Minutes 02 Seconds East a distance of 100 03 feet to the POINT OF BEGINNING and enclosing 0 38 acre of land more or less J•B THOMPSON, R P.L. No 4857 DATE JOB #95587, LIBERTY CHRISTIAN SCHOOL EXHIBIT 2 PROHIBITED USES Z-95-039 Community Unit Development Dormitory, Boarding or Rooming House Hotel or Motel Art Gallery or Museum College or University or Private School Community Center (Public) Day Nursery or Kindergarten School Halfway House Hospital (General Acute Care) Hospital (Chronic Care) Public Library Nursing Home or Residence Home for Aged School, Business or Trade Community Center (Private) Off Street Remote Parking Sewage Pumping Station Telephone, Business Office Swim or Tennis Club Offices, Professional and Administrative Studio for Photographer, Musician, Artist or Health Animal Clinic or Hospital (no outside runs or pens) Farm or Ranch Cemetary or Mausoleum Fraternity, Sorority, Lodge or Civic Club Home for Care of Alcoholic, Narcotic or Psychiatric Patients Public Building, Shop, Yard of Local, State or Federal Government Radio and/or Television Microwave Tower Water Treatment Plant Airport Landing Field or Heliport Commercial Parking Lot or Structure Cafeteria Mortuary or Funeral Parlor Restaurant Scientific or Research Laboratories • _ _ . Exi�i��f TO PARTIES DIRECTLY CONCERNED WITH THE PREMISES SURVEYED DESCRIPTION, All that certain tract of land situated in the 0 S Brewster Survey, Abstract No 56, and being a part of a called 2 028 acre tract of land ( Tract I) and a part of a called 0 115 acre tract (Tract II) described in the Warranty Deed from Lewis Olin Middleton et ux to Oran G Reaves Jr et ux recorded in Volume 886, Page 130 of the Penton County Deed Records, Denton County, Texas, as recognized and occupied on the ground the subject tract being more particularly described as follows BEGINNING at a 5/8• iron rod found for corner at the. Northwest corner of said Tract I and at the West Southwest corner of Stoneleigh Addition, an Addition in the City of Denton recorded in Cabinet R, Page 198 of the Plat Records of Denton County, Texas, *THENCE Easterly and Southerly with the lines of said Addition the following, North 89 Degrees 31 Minutes 30 Seconds East a distance of 91 21 feet, South 00 Degree 40 Minutes 33 Seconds East a distance of 89 63 feet, North 89 Degrees 48 Minutes 26 Seconds East a distance of 125 00 feet, South 00 Degree 45 Minutes 36 Seconds East a distance of 20 00 feet, North 89 Degrees 48 Minutes 26 Seconds East a distance of 150.00 feet to West line of a called Q 528 acre tract of land described in the Deed to Tom Scott Muse et ux recorded in Volume 1668, Page 433 of the Deed Records of Denton County, Texas, THENCE South 01 Degrees 04 Minutes 05 Seconds East passing en route at a distance of 19 28 feet a 1/20 square iron rod set at Southwest corner of a Save and Except tract described in the Warranty Deed from Lewis Olin Middleton et ux to Oran G Reaves Jr et ux recorded in Volume 886, Page 130 of the Denton County Deed Records, Denton County, Texas and continuing on said course a total distance of 109 96 feet a 1/2" square iron rod set f6r corner at a reentrant corner of a said, Tract I and a salient corner of said Tract II; THENCE South 01 Degrees 10 Minutes 06 Seconds West severing said Tract II a distance of 8 25 feet to a chain link fence corner post for corner at a reentrant corner of said Tract II; said Tract II a distance of 304.74 feet to a 1/20 square iron rTHENCE South 89 Degrees 54 Minutes 37 Seconds West with the South line of East right-of-way line A T & S F Railroad, od set in the THENCE North 15 Degree 55 Minutes 43 Seconds West passing en route at a distance of 8 90 feet the Southwest corner of said Tract ; and continuing on said course a total distance of 235.67 feet to,the POINT OF BEGINNING and enclosing 1 12 acres of land more or less J 8. THOMPSON, R P L S No 4857 DATE 70B #95587, LIBERTY CHRr$TIAN'SCHOOL