1999-348 ORDINANCE NO qq- ¥¢5
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM
AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO
OFFICE CONDITIONED (O[e]) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 45 ACRES OF LAND LOCATED AT 103 WOODROW LANE
APPROXIMATELY 600 FEET SOUTH OF EAST MCKINNEY STREET, PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND
PROVIDING FOR AN EFFECTIVE DATE (Z-99-058)
WHEREAS, Bryan K Buchanan has apphcd for a change in zoning for 45 acres of land
from the Agricultural (A) zoning dxstnct classfficatlon and use demgnataon to the Office CondlUoned
(O[c]) zomng district elassxfication and use desagnatlon, and
WHEREAS, on August 25, 1999, the Planning and Zomng Commmsaon recommended
approval of the requested change in zomng, and
WHEREAS, the Caty Council finds that the change an zomng will be in comphance with the
1998 Denton Plan Pohcaes, and the 1999 Growth Management Strategies and Plan and will proxade
for a sensible and compatible arrangement of land uses, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the zoning dxstnct classification and use desagnatmn of the 45 acre
property described in the legal descnptson attached hereto and incorporated herean as Exhxbat A as
changed from the Agricultural (A) zomng &strict classaficat~on and use desagnation to the Office
Con&taoned (O[c]) zomng dlsmet classffieatlon and use deslgnataon under the comprehensive
zomng ordinance of the City of Denton, Texas, subject to the following con&tlons
1 L~ghtmg on the property shall be desxgned and mmntmned so as not to shine on, or otherwxse
disturb surrounding resadentlal property or to shxne and project upward to prevent the
dlffumon into the mght sky
2 Maximum braiding height shall be two stones
3 A landscaped bufferyard along the rear property line shall be reqmred The setback shall
be a mmanum often feet (10') m wadth and contmn a minimum of SlX (6) canopy trees
and sax (6) understory trees Bufferyard requirements may be used to meet any landscape
requirements
~ That the Oty's officml zoning map is amended to show the change m
zoning &strict classfficataon
~ That any person molatmg any provasmn of thcs or&nance shall, upon
convmtlon, be freed a sum not exceeding $2,000 00 Each day that a provmon of thcs ordinance as
violated shall constitute a separate and &stmct offense
~ That th~s ordinance shall become effecttve fourteen (14) days from the date
of~ts passage, and the C~ty Secretary ~s hereby d~rected to cause the capUon ofttus ordanance to be
pubhshed trace ~n the Denton Record-Chromcle, a dmly newspaper pubhshed ~n the C~ty of Denton,
Texas, w~thm ten (10) days of the date of~ts passage
PASSED AND APPROVED this the ~/"ff~Lr--day of ~ ,1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J BROCK
SURVEY, ABSTRACT No 55, DENTON COUNTY, TEXAS AND BEING PART OF A 2 62 ACRE TRACT
DESCRIBED IN A DEED FROM G J HILUARD AND WIFE, LILUE HILUARD, TO MYRTLE HILLIARD
RECORDED IN VOLUME 11`31, PAGE 103, REAL PROPERTY RECORDS, DENTON COUN3h', TEXAS
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHEAST CORNER OF SAID HILLIARD TRACT, BEING ON THE WEST LINE
OF LOT 1, BLOCK 1, COUNTRY PARK ADDITION, AN ADDITION TO THE CITY OF DENTON, AS
SHOWN BY THE IpLAT THEREOF RECORDED IN CABINET L, PAGE 320, PLAT RECORDS, DENTON
COUNTY, TEXAS, SAID PIN ALSO BEING THE SOUTHEAST CORNER OF LOT 1, BLOCK A, SHYSTER
HEIGHTS, AN ADDITION TO THE CITY OF DENTON, AS SHOWN BY THE PLAT THEREOF RECORDED
IN CABINET K, PAGE .337, PLAT RECORDS, DENTON COUhrTy TEXAS,
THENCE SOUTH O0 DEGREES 51 MINUTES 01 SECONDS WEST WITH THE EAST LINE OF SAID
HILLIARD TRACT AND THE WEST LINE OF SAID LOT 1, BLOCK 1, COUNTRY PARK ADDITION, A
DISTANCE OF 139.18 FEEl' TO A FENCE CORNER POST AT THE SOUTHEAST CORNER OF SAID
HILLIARD TRACT, BEING THE NORTHEAST CORNER OF A TRACT DESCRIBED IN A DEED TO THOMAS
W WHITLOCK AND RICHARD S PODGORSKI, RECORDED UNDER COUNTY CLERK'S INSTRUMENT
NUMBER 97-R0073086, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS,
THENCE NORTH 88 DEGREES 08 MINUTES 40 SECONDS WEST WITH THE SOUTH LINE OF SAID
HILLIARD TRACT AND THE NORTH UNE OF SAID WHITLOCK AND PODGORSKI TRACT, A DISTANCE
OF 144 09 FEET TO AN IRON PIN FOUND AT THE SOUTHWEST CORNER OF SAID HILLIARD TRACT
TRACT, BEING THE NORTHWEST CORNER OF SAID WHITLOCK AND PODGORSKI TRACT, SAID PiN
ALSO BEING ON THE EAST UNE OF WOODROW LANE (VARIABLE WIDTH RIGHT-OF-WAY),
THENCE NORTH 02 DEGREES 49 MINUTES 52 SECONDS EAST WITH THE EAST LiNE OF WOODROW
LANE, A DISTANCE OF 1.39 77 FEET TO AN IRON PIN FOUND AT THE NORTHWEST CORNER OF
SAID HILLIARD TRACT, BEING THE SOUTHWEST CORNER OF SAID LOT 1, BLOCK A, SHYSTER
HEIGHTS,
THENCE SOUTH 87 DEGREES 54 MINUTES 10 SECONDS EAST WITH THE NORTH LINE OF SAID
HILLIARD TRACT AND THE SOUTH LINE OF SAID LOT 1, BLOCK A, SHYSTER HEIGHTS, A
DISTANCE OF 139 27 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 0 45
ACRES OF LAND
SURVEYOR'S CERTIFICATE
I, GARY W HAMMETT, DO HEREBY CERTIFY THAT A SURVEY WAS MADE ON THE GROUND THIS
DAY 8 OF JUNE, 1999, OF THE PROPERTY DESCRIBED HEREON AND THERE ARE NO (VISIBLE)
ENCROACHMENTS, PROTRUSIONS, OVERLAPPING OF IMPROVEMENTS, EXCEPT AS SHOWN
HEREON ~
~v ,.'.o^ou,~ m.~m~n n.l¥ THIS PROPERg"S WITHIN~'~Z~NE 'X', AREAS OUTSIDE O~__A 100
o. N AS SHOWN BY F, RM
YEAR OR 500 MED TO DETERMINE THE
48121C0380 E, DATED APRIL 2, 1997 NO SURVEYING WAS PERFOR