HomeMy WebLinkAbout2001-024S Wur PocummLLW,Snmw,\OPZP-0OA16doc
ORDINANCE NO J O /- O�7"
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A ZONING
PLAN AND ZONING CHANGE FOR 196 ACRES LOCATED WITHIN A
AGRICULTURAL (A) ZONING DISTRICT, TO CHANGE TO AN OFFICE (0) DISTRICT„
THE SUBJECT PROPERTY BEING LOCATED BETWEEN HELM STREET AND
TEASLEY LANE, APPROXIMATELY 1,400 FEET SOUTH OF BENT OAKS DRIVE,
PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING
FOR AN EFFECTIVE DATE (ZP-00-016)
WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-069 which
established certain nonresidential interim regulations (the "Nonresidential Interim Regulations"),
WHEREAS, the Nonresidential Interim Regulations established, among other things, a
Zoning Plan requirement in the event of a request to rezone property, and
WHEREAS, Surveyors & Engineers of North Texas , on behalf of Dr & Mrs Patrick
Ruehle applied for a change in zoning for 196 acres of land particularly described in Exhibit
"A" attached hereto (the "Property"), from Agricultural (A) zoning district classification and
land use designation to Office (0) zoning district classification, along with a Zoning Plan for this
property under the Nonresidential Interim Regulations, a copy of which is attached hereto as
Exhibit "B" (the Zoning Plan"), and
WHEREAS, on December 6, 2000, the Planning and Zoning Commission recommended
approval of the zequested change in zoning and the submitted Zoning Plan, and
WHEREAS, the City Council finds that the Zoning Plan, with the conditions imposed
herein, meets the requirements of the Nonresidential Interim Regulations and is consistent with
the approved 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The zoning district classification and land use designation of the Property
is changed from Agricultural (A) zoning district classification and land use designation to Office
(0) zoning district classification and land use designation under the comprehensive zoning
ordinance of the City of Denton, Texas The Zoning Plan and said change in zoning are hereby
approved, subject to the following conditions
1 Lighting on the Property shall be designed and installed so as not to shine onto
adjacent properties Landscaping, grading and/or fencing shall be used so as not to
allow the headlights from automobiles entering, exiting or parking to shine onto
adjacent properties
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2 To limit traffic, the total floor area for the Property shall not exceed 10,000 square
feet
A Traffic Impact Analysis shall be required when the overall square footage of
structures increases by 5000 square feet
4 The Property may only be developed in accordance with the Zoning Plan
5 Signs shall be limited to one monument sign
SECTION 2 The City's official zoning map is amended to show the change in zoning
district classification
SECTION 3 If any provisions or the application thereof to any person or circumstance is
held invalid by any court, such invalidity shall not affect the validity of other provisions or
applications, and to this end the provisions of this ordinance are severable
SECTION 4 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 5 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, official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage
PASSED AND APPROVED this the a day of 2001
Z"rtz" A�ck—
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY D
APPROVED AS TO LEGAL FQRM
HERBERT L P Y, C ATTORNEY
BY
PAGE
EXHIBIT -..A.
All that certain tract of land situated in the J Fisher Survey Abstract Number 421, Denton County, Texas
and being all of the called 0 707 acre Tract 1 and all of the called 1 247 acre Tract 2 described in the deed
from Jeffrey A Gutknecht et ux to Charles Niziolek et ux recorded in Volume 3155, Page 552 of the Real
Property Records of Denton County, Texas, the subject tract being more particularly described as follows
BEGINNING for the Southeast comer of the tract being described herem, at a 1/2 inch iron rod found at the
Southeast corner of the said 1 247 acre Tract 2 and the Northeast comer of the called 0 555 acre tract
described in the deed from Maude Newman to Ken Ballard recorded in Volume 963, Page 953 of the Deed
Records of Denton County, Texas on the West right-of-way of F M Highway 2151,
THENCE South 65 Degrees 01 Minutes 20 Seconds West along a 4 foot picket fence with the South line of
the 1 247 acre Tract 2 and the North line of the said 0 555 acre tract a distance of 204 63 feet to a 3/8 inch
iron rod found at the Northwest corner thereof, a salient comer of the 1 247 acre Tract 2 and a salient
corner of the called 0 522 acre tract described in the deed from Tommy G Henderson et ux to Kenneth
Ballard et ux recorded in Volume 768, Page 706 of the said Deed Records,
THENCE North 25 Degrees 17 Minutes 27 Seconds West with the common line between the 1 247 acre
Tract 2 and the said 0 522 acre tract a distance of 44 12 feet to a 1/2 inch iron rod found at the Northeast
comer thereof and a reentrant corner of the 1 247 acre Tract 2,
THENCE South 64 Degrees 40 Minutes 12 Seconds West along a fence with the South line of the 1 247
acre Tract 2 and the North line of the 0 522 acre tract passing the Northwest corner thereof and the
Southwest comer of the 1 247 acre Tract 2 also being the Southeast comer of the said 0 707 acre Tract 1
and the Northeast comer of the called 0 504 acre tract described in the deed from Maude Newman to
Kenneth Ballard et ux recorded in Volume 963, Page 953 of the said Deed Records and continuing, in all a
total distance of 393 84 feet to a 1/2 inch iron rod set at the Northwest comer thereof and the Southwest
comer of the 0 707 acre Tract 1 in a gravel Road,
THENCE North 00 Degrees 59 Minutes 10 Seconds West along the gravel road with the West line of the
0 707 acre Tract 1 a distance of 21103 feet to 1/2 inch iron rod set for the Northwest corner thereof,
THENCE North 77 Degrees 59 Minutes 25 Seconds East along a fence with the North line the 0 707 acre
Tract passing the Northeast corner thereof and the Northwest corner of the 1 247 acre Tract 2 and
continuing, in all, a total distance of 507 50 feet to a 1/2 inch iron rod set for the Northeast comer thereof
on the West right-of-way of F M Highway 2151,
THENCE South 33 Degrees 35 Minutes 57 Seconds East with the East line of the 1 247 acre Tract 2 and
the West nght-of-way of the F M Highway 2151 a distance of 122 00 feet to the PLACE OF
BEGINNING and enclosing 196 acres of land
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