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1999-384AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY PLACING A NEIGHBORHOOD SERVICES CONDITIONED (NS[C]) ZONING DISTRICT ON 1 73 ACRES OF LAND AND A SINGLE-FAMILY 7 CONDITIONED (SF-7[C]) ZONING DISTRICT ON 35 37 ACRES OF LAND LOCATED ON THE EAST SIDE OF TEASLEY LANE APPROXIMATELY 700 FEET SOUTH OF HICKORY CREEK ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-039) WHEREAS, on July 27, 1999, City Council received a report, held a discussion and then directed staff to proceed with voluntary annexation of the 37 03 acres of land described by Ordinance 99-382, and WHEREAS, Mark Weatherford, on behalf of John Whatley, has apphed to lmtlally place a Neighborhood Services conditioned (NS[e]) zoning district classification and use designation on 1 73 acres of land and a Single-Family 7 (SF-7) zomng chstnct classification and use deslgnatmn on 35 37 acres of land, and WHEREAS, on August 11, 1999, the Planning and Zomng Commission recommended approval of the proposed Neighborhood Services conditioned (NS[e]) zomng district classification and use deslguatmn on 1 73 acres of land and a Single-family 7 condltaoned (SF-7[e]) zoning dsstnct classification and use designation on 35 37 acres of land, and WHEREAS, on October 19, 1999, the City of Denton voluntarily annexed 37 03 acres of land described by Ordinance 99-382, which was made effective upon its passage, and WI-IEREAS, the City Council finds that the proposed zoning will be m compliance w~th 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 ~ That the zomng chstnct classification and use designation of the 1 73 acre property described m the legal description attached hereto and incorporated herein as Exhibit A is Neighborhood Serwees eondlt~uned (NS[e]) zomng d~stnct classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions 1 That penmtted land uses be restncted to those described in the list attached hereto and incorporated herein by reference as Exhibit B 2 Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky 3 A detmled (site) plan must be approved prior to any development SECTION 2 That the zoning district classfficatlon and use designation of the 35 37 acre property described ~n the legal description attached hereto and incorporated hereto as Exhibit C is Slngle-famdy 7 conditioned (SF-7[c]) zomng district classfficat~on and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following condition 1 That the 100 year floodphun on tlus property shall be dedicated as a drmnage easement to preserve open space 2 That 75% of the bmldmg exterior, except doors and windows, be constructed of brick or stone 3 The minimum square footage per residential structure be at least 1,500 square feet ~ That the City's officml zoning map ~s amended to show the change m zoning d~stnct classification ~ That any person wolatmg any prov~sxon of this ordinance shall, upon conwct~on, be fined a sum not exceedmg $2,000 00 Each day that a pmws~on of this ordinance ~s wolated shall constitute a separate and chst~nct offense SECTION 5 That this ordinance shall become effective fourteen (14) days from the date of~ts passage, and the City Secretary xs hereby directed to cause the caption of thru ordinance to be pubhshed lwme m the Denton Record-Chromcle, a dally newspaper pubhshed m the City of Denton, Texas, within ten (10) days of the date of~ts passage PASSED AND APPROVED ttus the /*~dayof ~/~_~ ,1999 JA~ ATTESTI JENNIFER WALTERS, CITY SECRETARY APPlttDVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 EXHIBIT A Z-99..039 1 73 acres FIELD NOTES to all that certain lot, tract or parcel of land s~tuated in the Berry Merchant Survey, Abstract # 800, Denton County, Texas and being part of a called 37 08 acre Tract descnbed ~n the deed to John E Whatley, et ux, recorded ~n Volume 588, Page 109, Deed Records, Denton County, Texas, the subject tract being more parbcutarly described as follows BEGINNING at a found l/2-~nch ~ron rod found w~th a cap for the Northwest corner of sa~d 37 08 acre tract ~n the East line of a road under apparent public use posted as Farm to Market Road 2181, or Teasly Lane, THENCE North 89 Degrees 34 M~nutes 07 Seconds East w~th the North hne of sa~d 37 08 acre tract a d~stance of 215 00 feet to ~-~nch ~ron rod set w~th a cap, THENCE South 01 Degrees 04 M~nutes 45 Seconds East leawng the North hne of sa~d 37 08 acre tract a d~stance of 351 00 feet to a %-~nch ~ron rod set w~th a cap, THENCE South 89 Degrees 09 M~nutes 50 Seconds West a d~stance of 215 00 feet to the East hne of sa~d public road to %-~nch ~ron rod set w~th a cap ~n or near a fence hne, THENCE North 00 Degrees 50 M~nutes 10 Seconds West w~th the East hne of sa~d pubhc road along or near a fence a d~stance of 188 13 feet to a ¼-~nch ~ron rod found w~th a cap for an angle point ~n the East line of sa~d pubhc road, THENCE North 01 Degrees 21 M~nutes 10 Seconds West w~th the East I~ne of sa~d public road a d~stance of 164 40 feet to the PLACE OF BEGINNING and enclosing 1 73 acres of land more or less EXHIBIT B "NS" NEIGHBORHOOD SERVICE ZONING DISTRICT PERMITTED USES (Z-99-039) I One Famd¥ Dwelhng Restricted Art Gallery or Museum ;hurch or Rectory College or Un~vers~ or Private School Community Center IPubhc/ Day Nursery,/or K~ndergarten School Group Homes Hospital (General Acute Care) Hospital (Chronic Care) Insbtutions of Rehg~ous or Philanthropic Nature Public Library Monastery or Convent Nursing Home or Residence Home for Aged Park, Playground or Pubhc Community Center School, Private Primary or Secondary School, Pubhc or Denom~nahonal School, Bus~ness or Trade Accessory Budding Community/Center (Private) Temporary F~eld or Construction Office (Subject to Approval and Control by Building Inspector) F~re Station or S~mdar Pubhc Safe~ Bu~ld~ng Home Occupation Telephone, Bus~ness Office Telephone L~ne and Exchange Sw~tchln~ or Relay Stabon Pubhc Park or Playground Pubhc Pla}, F~eld or Stadium [Sw~m or Tenns Cub Bakery or Confectloner~ Shop/Retail) Cleamng and Prass~ng Small Shop and P~ckup Custom Personal Service Shop Drapery, Needlework or Weawng Shop Flonst or Garden Shop Hand~craft Shop Laundry or Cleaning Self Service Offices, Professional and Administrative Retail Stores and Shops - 4,000 square feet or less Studio for Photographer, Musician, Arbst or Health Permitted Uses, Page 1 of 2 EXHIBIT B "NS" NEIGHBORHOOD SERVICE ZONING DISTRICT PERMITTED USES (Z-99-039) PERMI']-I'ED USES WITH AN APPROVED SPECIFIC USE PERMIT. Anbque Shop I Cafetena I Restaurant Retal Stores and Shops - Over 4,000 square feet IGreenhouse or Plant Nurse~ I Permitted Uses, Page 2 of 2 EXHIBIT C Z-99-039 35 37 acres FIELD NOTES to all that certain lot, tract or parcel of land s~tuated ~n the Berry Merchant Survey, Abstract # 800, Denton County, Texas and being a re-survey of all of a called 37 08 acre Tract descnbed m the deed to John E Whatley, et ux, recorded ~n Volume 588, Page 109, Deed Records, Denton County, Texas, the subject tract being more parhcularly described as follows BEGINNING on the recognized South line of sa~d Berry Merchant Survey at a capped ~ron rod found at the Southeast corner of the hera~n descnbed tract and the Southeast corner of sa~d Whatley tract, THENCE South 89 Degrees 59 M~nutes 00 Seconds West along and near a fence w~th the recognized South hne of sa~d Survey, a d~stance of 2494 54 feet to %-inch capped ~ron rod set for the Southwest corner of the heram described tract ~n the East right-of-way hne of FM Road 2181, THENCE North 00 Degrees 50 M~nutes 10 Seconds West with sa~d right-of-way hne, along and near a fence, a d~stance of 288 13 feet to a Y2-1nch capped ~ron rod set for corner, THENCE North 89 Degrees 09 M~nutes 50 Seconds East leaving the sa~d right-of-way hne, a d~stance of 215 00 feet to a ~-inch capped ~ron rod set for corner, THENCE North 01 Degrees 04 M~nutes 45 Seconds West a d~stance of 351 00 feet to a Y2-mch ~ron rod found with a cap for corner ~n the South hne of a called 37 817 acre tract of land described m the deed to Herschel V Forester, recorded in Volume 605, Page 621 of the Deed Records of Denton County, Texas, THENCE North 89 Degrees 34 M~nutes 07 Seconds East a d~stance of 2268 03 feet to a %-inch capped ~ron rod set for the Northeast corner of the heram described tract and being the Southeast corner of sa~d Forester tract and being in the West hne of a called 59 242 acre tract of land described ~n the Deed to Pulte Homes of Texas, I p recorded ~n Volume 4134, Page 94 of the Real Property Records of Denton County, Texas, THENCE South 01 Degrees 57 M~nutes 00 Seconds East along and near a fence a d~stance of 658 90 feet to the PLACE OF BEGINNING and enclosing 35 37 acres of land more or less