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