HomeMy WebLinkAbout2000-062P ISNAREONEPNAL`�(lut Oacenimla\O�tllom�d\ONZ99A]I Omen i 0,
ORDINANCE NO 6qW -D�A
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT
TO THE CONDITIONS OF ORDINANCE 96-187 WHICH ESTABLISHED AN OFFICE (O[C])
CONDITIONED ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0 456
ACRES OF LAND BEING LOT 1OR IN BLOCK 1, OF THE J W ERWIN SUBDIVISION
LOCATED ON THE WEST SIDE OF LILLIAN MILLER PARKWAY APPROXIMATELY 500
FEET SOUTH OF I-35E, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND
PROVIDING FOR AN EFFECTIVE DATE (Z-99-071)
WHEREAS, Landmark Surveyors, Inc, on behalf of Dr Scott Lipscomb D D S , has applied
for an amendment to the conditions of Ordinance 96-187, which established a Office Conditioned
(O[c]) zoning district classification and use designation for 0 456 acres of land, and
WHEREAS, on November 2, 1999, the Planning and Zoning Commission recommended
approval of the requested change in conditions of Ordinance 96-128, and
WHEREAS, the City Council finds that the change in conditions of Ordinance 96-128 will
be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the
1999 Growth Management Strategies and Plan, NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the conditions of Ordinance 96-187 (Exhibit A), which established an
Office Conditioned (O[c]) zoning district classification and use designation for the subject 0 456 acre
property, described in the site plan attached hereto and incorporated herein as Lot lOR in Block 1,
of the J W Erwin Subdivision 1 are amended under the comprehensive zoning ordinance of the City
of Denton, Texas, as follows
1 Condition No 5 of Ordinance No 96-187 shall be amended to read, "The owner of the
property shall maintain all trees larger than two inches (2") in diameter which are located
within ten feet (10') of any property line abutting residentially zoned property, unless such
trees would interfere with any fence requirements "
2 Condition No 8 of Ordinance No 96-187 shall be amended to read, "A "bufferyard"
measuring fifteen feet (15) wide, and comprising four (4) canopy and eight (8) understory
trees per each one hundred linear feet (100') shall be installed along all property lines
abutting residentially zoned property "
3 Condition No 13 of Ordinance No 96-187 shall be amended to read "A nummum eight -foot
(8') tall solid fence shall be erected and maintained along the borders of all residentially
zoned property "
PVHAMP EPTWWue Oxumm�nno%\ 9M7I 00inu Joc
SECTION-2 That the City's official zoning map is amended to show the change in zoning
district classification
SECTION 3 That the provisions of this ordinance shall govern and control over any
conflicting provisions of Ordinance 96-128, but all provisions of Ordinance 96-128 as they apply
to the remaining portion of the zoning district land use regulations not herein amended, shall
continue in full force and effect
SECTION 4 That a copy of this ordinance shall be attached to Ordinance 96-128 showing
the amendments herein approved
SECTION 5 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 6 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 IS— day of 2000
c
JA ILLER, MAYOR
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CIT ATTORNEY
By —eZ
Page 2 of 2
zes000c oao ' EXHIBIT A
ORDINANCE NO.
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 Plaru#ng 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, on June 18, 1996, the Council of the City of Denton,
Texas considered the rezoning application and voted 4-3 in favor of
the rezoning, believing at the time that a majority vote was _
sufficient; and
WHEREAS, it was subsequently discovered that a supermajority
vote was necessary to effectuate the rezoning, by virtue of the
fact that the owners of at least 20% of the land within 200 feet of
the subject property were opposed; and
WHEREAS,.on July 10, 1996, a majority of the Planning & Zoning
Commissioners in attendance gave informal direction to City staff
to waive any subsequent zoning application fee on the subject
property; and
WHEREAS, On July 11, 1996, Mr. Robert Rayner submitted a new
petition to rezone the subject property, requesting rezoning to a
conditioned zoning district which was more restrictive than the
petition considered on June 18, 1996; and
WHEREAS, on July 12, 1996, notice was sent pursuant to State
law for a second rezoning case on the subject property, similar to
the first; and
WHEREAS, on July 24, 19961 the Planning & Zoning Commission of
the City of Denton, Texas'voted to allow the City's application of
this second rezoning on the property in the public interest, and
without fee, pursuant to §35-7(a) of the Code of Ordinances of the
City of Denton, Texas, so that the original applicant would not be
called uP on to P ay a second application fee in this matter, and so
0 0 -
that the rezoning effort would not be barred by §35-7(b)(6) of the
Code of Ordinances of the City of Denton, Texas, which prohibits
reconsideration of a denied zoning application within twelve months
of the denial, absent a finding of changed circumstances in the
neighborhood, or a finding that the reconsideration was for a more
restrictive zoning classification; and
WHEREAS, on July 24, 1996, the Planning and Zoning Commission
recommended approval of a change requested in the subsequent peti-
tion, from the Single Family 16 (SF-16) zoning district and use
classification to the Office Conditioned (0[c]) zoning district and
use classification; and
WHEREAS, the owner of the property and a designated represen-
tative of the neighborhood settled upon a set of conditions
agreeable to the owner and the surrounding neighbors, and have
indicated their concurrence with the rezoning herein proposed; and
WHEREAS, a new set of proposed conditions reviewed by the
owner and the neighborhood representative was reviewed by the
Planning staff, and found to be in compliance with the Denton
Development Plan; and
WHEREAS, the newly proposed conditions included at least one
condition which was deemed to be less restrictive than those which
were previously noticed for public hearing and considered by the
Denton Planning & Zoning Commission on July 24, 1996; and
WHEREAS, on August 14, 1996, the Planning & Zoning Commission
indicated its ongoing approval of City's sponsorship of a third
rezoning proposal, in the public interest and without fee, pursuant
to §35-7(a) of the Code of Ordinances of the City of Denton, Texas,
and
WHEREAS, on August 16, 1996, notice of an August 28, 1996
public hearing before the Planning & Zoning Commission was sent to
all owners of real property within 200' of the subject property;
and
WHEREAS, the Planning & Zoning Commission reconsidered zoning
under the newly proposed conditions on August 28, 1996, and voted
to recommend approval of same to the City Council; and
WHEREAS, the City Council now finds that it would have
postponed the June 18, 1996 vote on the rezoning to allow time to
clear up the uncertainty surrounding the majority requirements
prior to voting; and
WHEREAS, the City Council further finds that the withdrawal of
the zoning protest of Mitchell Vexler on three lots within 200 feet
PAGE 2
of the subject property, as well as the apparent resolution of
conflictsbetweenthe owner and the surrounding neighborhood,
constitutes a substantial change in the conditions surrounding the
area to be rezoned, that would have warranted reconsideration of
the original rezoning request; and
WHEREAS, the City Council further finds that due to the confu-
sion surrounding the initial vote concerning the percentage of land
owners protesting the rezoning, and the fact that the City Council
anticipates that the chapter of the Code of Ordinances applicable
to zoning will be shortly amended to allow zoning reapplications
similar to this without the necessity of a waiting period, that a
variance from the waiting period should be granted; and
WHEREAS, the City Council finds that the proposed Office
Conditioned zoning would provide a smoother transition between
adjacent properties zoned for residential and commercial uses
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.
SECT ON I. That the zoning district classification and use
designation of the 2.6662 acres of land described in Exhibit 1, is _
changed from the Single -Family 16 (SF-16) zoning district classifi-
cation 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:
i. 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 Office 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 30,000 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 inches (211) in diameter which are located within
ten feet (101) of any property line, other than a
property line fronting Lillian Miller Parkway, unless
such trees would interfere with any required fence.
PAGE 3
r
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 feet (151) wide, and
comprising four (4) canopy and eight (8) understory trees
per each one hundred linear feet (1001), 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 any
western -facing facades of any building, nor any second
story windows on any southern -facing facade within 150,
of the southern property line, on the acreage described
in Exhibit 1.
10. Maximum building height shall not exceed two (2) stories,
however, no more than ten thousand square feet (10,000
ft.'), in the aggregate, may be located on the second
stories of all the two-story buildings.
11 No individual building may exceed 7,500 square feet in
floor area. _
12 All buildings must have pitched roofs, and no roof
surface may have a slope of less than 30%.
13. A minimum eight -foot (81) tall solid fence shall be
erected and maintained on the western and southern
borders of the property described in Exhibit 1.
SECION II. That the City's official zoning map is amended to
show the change in zoning district classification.
SEC�'ION III. That the provisions of 935-7(6) of the Code of
Ordinances of the City of Denton, to the extent that they would
impede any reconsideration of a rezoning on the subject property
within 12 months of the initial consideration, are hereby varied
and superseded for the limited purposes of this rezoning.
SEC ION 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.
0EC�ION V. 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
PAGE 4
publisheditwice 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.
ATTEST.
JENNIFER WALTERS, CITY SECRETARY
BY:
3ERT L
TO LEGAL FORM:
�i�A.7'1/►..-[tea-ti
JAPX MILLER, MAYOR
PAGE 5
c
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.
ERWIN SUBDIVISION, AN ADDITION TO THE CITY OF DENTON, TEXAS
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 337, PACE 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
DESCRIiBED IN A DEED PROM, 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 PLAT THEREOF AS RECORDED IN
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
NORTHWEST CORNER OF SAID LOT 6 AND THE SOUTHWEST CORNER OF SAID
LOT 3R'1;
THENCE SOUTH 89 DEGREES 23 MINUTES 09 SECONDS EAST ALONG THE
SOUTH BOUNDARY LINE OF SAID LOT 3R P. DISTANCE OF 258.50 FEET TO
THE POINT OF BEGINNING AND CONTAINING 2.6662 ACRES OF LAND.
_-T
EXHIBIT 2
LIST OF PROHIBITED USES
Z-g6-007C
One Family Dwelling Restricted
Community Unit Development
Dormitory, Boarding or Rooming House
Hotel or Motel
Church or Rectory
Community Center (public)
Day Nursery or Kindergarten School
Group Homes
Halfway House
Hospital (General Acute Care)
Hospital (Chronic Care)
institutions of Religious or Philanthropic Nature
Monastery or Convent
Nursing Home or Residence Home for Aged
Occasional Sales
Park Playground or Public Community Center
School, Private Primary or Secondary
School, Public or Denominatjonal
Accessory Building
Community Center (private)
Electrical Substation
Electrical Transmission Une
Temporary Field or Construction Office (subject to approval and control by Building Inspector)
Fire Station or Similar Public Safety Building
Gas Transmission Line and Metering Station
Home Occupation —
Off Street Remote Parking
Sewage Pumping Station
Private Swimming Pool
Telephone Line & Exchange Switching or Relay Station
Water Reservoir, Water Pumping Station or Well
Country Club (private) with Goff Course
Public Goff Course
Public Park or Piaygrourld
Public Play Reid or Stadium
Swim or Tennis Club
Railroad Track or Right -of -Way
Animal Clinic or Hospital (no• outside runs or pens)
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 of 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