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Home My WebLink About1996-133F \WPDOCS\ORD\5-96-007 ORD *AMENDED BY ORDINANCE 96-243 ORDINANCE NO `?49, 43.3 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY 16 (SF-16) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED (O[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2 6662 ACRES OF LAND LOCATED ON THE WEST SIDE OF LILLIAN MILLER PARKWAY APPROXI- MATELY 500 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, Mr Rob Rayner, on behalf of First State Bank of Denton, initiated a change in zoning for 2 6662 acres of land from the Single Family 16 (SF-16) zoning district classification and use designation to the Office Conditioned (O[c]) zoning district classification and use designation, and WHEREAS, on April 24, 1996, the Planning and Zoning Commission recommended approval of a change from the Single Family 16 (SF-16) zoning district and use classification to the Office Conditioned (O[c]) zoning district and use classification, 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 2 6662 acres of land described in Exhibit 1, is changed from the Agricultural (A) 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 That the uses described in the list attached hereto and incorporated herein by reference as Exhibit 2, shall be prohibited within this district, in addition to those ordinarily prohibited by the Commercial classification or any other condition listed herein 2 That the total floor area for all buildings constructed on the 2 6662 acres shall not exceed 25,000 square feet 3 That no loading docks shall be permitted 4 That the exterior walls of all buildings shall be constructed of brick or brick veneer 5 The owner of the property shall maintain all trees larger than two (2) inches in diameter, which are located within ten (10) feet of any property line, other than a property line fronting Lillian Miller Parkway 6 No "off -premise" signs (as defined by Section 33-2 of the Code of Ordinances of the City of Denton, or its succes- sor) shall be permitted 7 No direct off -site lighting shall be permitted 8 A "bufferyard" measuring fifteen (15) feet wide, and comprising four (4) canopy and eight (8) understory trees per each one hundred (100) linear feet, shall be in- stalled along the western and southern property lines of the acreage described in Exhibit 1 9 There shall be no second story windows allowed on the western- or southern -facing facades of any buildings located on the acreage described in Exhibit 1 10 Maximum building height shall not exceed two (2) stories 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 this ordinance is violated shall constitute a separate and distinct offense SECTION IV That this ordinance shall become effective four- teen (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 day of 1996 JACI ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY PAGE 2 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 3 ExV glT DESCRIPTION OF 2 6662 ACRES IN THE JOHN McGOWEN SURVEY, ABSTRACT NUMBER 797, CITY AND COUNTY OF DENTON, TEXAS ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE JOHN McGOWEN SURVEY, ABSTRACT NUMBER 797, CITY AND COUNTY OF DENTON, TEXAS, BEING ALL OF LOTS 6, 7 AND 8, BLOCK 1, J W ERWQN SUBDIVISION, AN ADDITION TO THE CITY OF DENTON, TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 337, PAGE 530, DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS• BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 6 WHICH IS THE SOUTHEAST CORNER OF LOT 3R, BLOCK 1, J W ERWIN SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN CABINET E, PAGE 96, PLAT RECORDS OF DENTON COUNTY, TEXAS, AND IN THE WEST RIGHT OF WAY OF LILLIAN MILLER PARKWAY, THENCE SOUTH 00 DEGREES 05 MINUTES 14 SECONDS EAST ALONG THE WEST RIGHT OF WAY OF LILLIAN MILLER PARKWAY A DISTANCE OF 449 32 FEET TO THE SOUTHEAST CORNER OF SAID LOT 8, BLOCK 1, AND THE NORTHEAST CORNER OF A CALLED 5.1649 ACRE TRACT, TRACT 1, AS DESCRIBED IN A DEED FROM, TERI TAYLOR COMPANIES, INC , TO MAVEX 9, INC , ON THE 28TH DAY OF DECEMBER 1992, AND RECORDED IN VOLUME 3417, PAGE 0001, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, THENCE NORTH 89 DEGREES 24 MINUTES 08 SECONDS WEST ALONG THE SOUTH BOUNDARY LINE OF SAID LOT 8 AND THE NORTH BOUNDARY LINE OF SAID MAVEX 9, INC TRACT, A DISTANCE OF 258 44 FEET TO THE SOUTHEAST CORNER OF CONWAY STREET IN THE NORTH BOUNDARY LINE OF LOT 11, BLOCK A, THE RIDGE OF SOUTHRIDGE, AN ADDITION TO THE CITY OF DENTON, ACCORDING TO THE PL;T THEREOF AS RECORDED I„ CABINET D, PAGE 330, PLAT RECORDS OF DENTON COUNTY, TEXAS, THENCE NORTH 00 DEGREES 05 MINUTES 42 SECONDS WEST ALONG THE EAST RIGHT OF WAY OF CONWAY STREET A DISTANCE OF 449 39 FEET TO THE NCRTHEEST CORNER OF SAID LOT 6 AND THE SOUTHWEST CORNER OF SAID LOT 3R, THENCE SOUTH 89 DEGREES 23 MINUTES 09 SECONDS EAST ALONG THE SOUTH BOUNDPRY LINE OF SAID LOT 3P P DISTANCE OF 258 50 FEET TO THE POINT OF BEGINNING AND CONTAINI'IG 2 6662 ACRES OF LAND EXHIBIT 2 LIST OF PROHIBITED USES Z-96-007 Community Unit Development Dormitory, Boarding or Rooming House Hotel or Motel Community Center (Public) Group Homes Halfway House Hospital (General Acute Care) Hospital i(Chronic Care) Nursing Home or Residence Home for Aged Occasional Sales Park, Playground or Public Community Center School, Private Primary or Secondary School, Public or Denominational Accessory Building Community Center (Private) Electrical Substation Electrical Transmission Line Temporary Field or Construction Office (Subject to Approval and Control by Building Official) Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station Home Occupation Off Street Parking Incidental to Main Use Off Street Remote Parking Sewage Pumping Station Private Swimming Pool Telephone Line & Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well CountryClub (Private) with Golf Course Public Golf Course Public Park or Playground Public Play field or Stadium Swim or Tennis Club Railroad Track or Right-of-way Farm or Ranch Cemetery 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