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1998-017 ORDINANCE NO q~-t~/7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM SINGLE FAMILY (SF-10) ZONING DISTRICT CLASSIFICATION TO OFFICE CONDITIONED (O[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1 07 ACRES OF LAND LOCATED ON THE EAST SIDE OF TEASLEY LANE, APPROXIMATELY 800 FEET SOUTH OF THE INTERSECTION OF TEASLEY LANE AND LILLIAN MILLER PARKWAY, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Westminster, LTD, ~mtmted a change m zomng for 1 07 acres from the S~ngle Fam,ly 10 (SF-10) zoning &strict classfficat~on and use destgnat~on to Office Condmoned (O[c]) zomn8 d~str, ct classfficat~on and use designation, and WHEREAS, on January 14, 1998, the Planning and Zomng Commission recommended approval &the requested change m zoning, and WHEREAS, The C~ty Council finds that the change of 1 07 acre lot to O[c] zomng d~stnct, when combined w~th the adjacent 3 21 acres zoned O[c], will equal 4 28 acres and wdl be ,n comphance w~th the Denton Development Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the zomng d~stnct class,fiCatlon and use designation of the 1 07 acres described m Exhibit A, attached hereto and incorporated by reference hereto, ~s changed from S~ngle Family 10 (SF-10) zomng d~stnct classification and use designation to Office Conditioned (O[c]) zomng d~stnct classfficat~on and use des~gnat,on, under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following condit~ons 1 That the uses described m the hst attached hereto and incorporated hereto by reference as Exhibit B, shall be prohibited w~thm th~s d~stnct, m add~t,on to those ordinarily proh~b,ted by the Office classfficatton, or any other cond,tton hsted here~n 2 That the total floor area for all bmldmgs constructed on the 4 28 acres shall not exceed 45,000 square feet 3 That no loading docks shall be permttted 4 That the exterior walls of all bmldmgs shall be constructed of not less than 70% brick or masonry veneer 5 That no "off-premtse" s~gns (as defined by Section 33-2 of the Code of Ordinance of the CRy of Denton, or ~ts successor) shall be permitted 6 That no direct off-site lighting shall be permitted 7 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 the east property line abutting the residential lots 8 That the maximum building height shall not exceed 35 feet 9 No individual building shall exceed 7,500 square feet 10 All buildings must have pitched roofs, and no roof surface may have a slope of less than 30% 11 In addition to any street yard landscaping reqmred by Landscaping, Screening, and the Tree Preservation Ordinance, an additional tree per every 50 feet of frontage along Teasley will be provided 12 No parking will be allowed in the front yard setback of any building along Teasley SECTION II That the City's official zoning map is amended to show the change in zoning district classification SECTION III That any person violating any prov, slon of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a prows~on ofthls ordinance is violated shall constitute a separate and distinct offense SECTION IV That th~s ordinance shall become effective fourteen (14) days from the date of ~ts 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 ATTEST JENNIFER WALTERS, CITY SECRETARY PAGE 2 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 3 EXHIBIT A ZONING EXHIBIT BEING A 1 07 ACRE TRACT OF LAND SITUATED IN THE B LEWIS SURVEY, ABSTRACT NO 769, DENTON COUNTY, TEXAS AND BEING OUT OF THAT 4 28 ACRE TRACT OF LAND DESCRIBED AS TRACT "2" IN DEED TO WESTMINSTER LTD AS RECORDED IN CC # 97- R0019209 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (D R D C T ) SAID 1 07 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT "2", SAID POINT BEING IN THE EAST RIGHT-OF-WAY LINE OF F M HIGHWAY NO 2181 (A VARIABLE WIDTH RIGHT-OF- WAY), THENCE N 00°31'30" W WITH THE SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 41 07 FEET TO A POINT FOR CORNER, THENCE N 01 °04'10" W WITH THE SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 98 93 FEET TO A POINT FOR CORNER, THENCEIS 88°09'35'' E OVER AND ACROSS SAID TRACT "2", A DISTANCE OF 352 47 FEET TO A POINT FOR CORNER, THENCE S 01 °32'21" W WITH THE EAST LINE OF SAID TRACT "2", A DISTANCE OF 131 91 FEET TO A POINT FOR CORNER, THENCE N 88°09'35'' W WITH THE SOUTH LINE OF SAID TRACT "2", A DISTANCE OF 295 96 FEET TO A POINT FOR CORNER, THENCE S 74025'53,. W WITH THE SAID SOUTH LINE, A DISTANCE OF 26 82 FEET TO A POINT FOR CORNER, THENCE N 87056'25'' W WITH THE SAID SOUTH LINE, A DISTANCE OF 24 90 FEET TO THE POINT OF BEGINNING, AND CONTAINING 1 07 ACRES OF LAND, MORE OR LESS THE DESCRIPTION AND/OR EXHIBIT HEREIN IS NOT THE RESULT OF AN ON THE GROUND SURVEY BY "CARTER AND BURGESS" THE BEARINGS, DISTANCES AND ACREAGE SHOWN ARE ALL APPROXIMATE AND SHOULD NOT BE RELIED UPON AS ACCURATE OR CORRECT THESE DOCUMENTS ARE NOT INTENDED FOR USE AS DEFINED UNDER SECTION 2 OF THE PROFESSIONAL LAND SURVEYING PRACTICES ACT, ARTICLE 5282C V T C 8 (Revised) PAGE 1 OF 2 MARCH 6, 1997 I \SLD\96234701\SDATA\347ZONIN FNS OFFICES AT HUNTER'S RIDGE LAND DEVELOPMENT COMPANY HERSMAN DEVELOPMENT CC# 96-R0083647 CORPORATION ETAL VOL 3453 PG 883 VOL 5453, PG 847 =100 WESTMINSTER LTD ~ TRACT 2 CC # 97-R0019209 DRDCT O0 >- ~:: WESTMINSTER LTD '-r' TRACT 1 CC # 97-R0019209 u_ 352 47 N Ol 04'10" W~-~ 98 93 1 07 ACRES N 0031'30" W~" 41 07 .---O 295 96 I~' ~ N 8809'35" W 26 82 24 90 S 74'25'53" W N 87 56'25" W THE DESCRIPTION AND OR EXHIBIT HEREIN IS NOT THE RESULT Of AN ON THE GROUND SURVEY BY CARTER AND BURGESS THE BEARINGS DISTANCES AND ACREAGE SHOWN ARE ALL APPROXIMATE AND SHOULD NOT BE RELIED UPON AS ACCURATE OR CORRECT THESE DOCUMENTS ARE NOT INTENDED FOR USE AS DEFINED UNDER SECTION 2 OF THE PROFESSIONAL LAND SURVEYING PRACTICES ACT, ARTICLE 5282C VTCS (revised) DATE 12-11--97 SHEET ,CAt. E 1-100 ZONING EXHIBIT '- Carter,,Burgess 2 OF 2 if ~ il CARTER & BURGESS INC EXHIBIT B Ltst of Proh~btted Uses One Family Dwelhng Restricted Community Unit Development Dormitory, Boarding or Rooming House Hotel or Motel Church or Rectory College or University or Private School Community Center (public) Group Homes Halfway House Hospital (chronic care) Hospital (acute care) Pubhc Library Monastery or Convent Nursing Home or Residence Home for Aged Occasional Sales Park, Playground or Public Community Center School, Private Primary or Secondary School, Publm or Denominational School, Business or Trade Community Center (prn/ate) Electrical Substation Electrical Transmission Line F~re Station or Similar Public Safety Building Gas Transmission Line and Metering Station Home Occupation Off-Street Parking incidental to the Main Use Off-Street Remote Parldng Sewage Pumping Station Private Swimming Pool Telephone L~ne & Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Country Club (private) with Golf Course Public Golf Course Publm Park or Playground Pubhc Play Field or Stadium Sw~m or Tennis Club Railroad Track or Right-of-Way Farm or Ranch Animal Chnic or Hospital (no outside runs or pens) Cemetery or Mausoleum FraternIty, Sorority, Lodge or C~vlc Club Home for Care of Alooholm, Narcotic or Psych~atric Patients Publm Building, Shop, Yard of Local, State, or Federal Government Radio and/or Television Microwave Tower Water Treatment Plant A~rport Landing Fmld or Heliport Commercial Parking Lot or Structure Cafeteria Mortuary or Funeral Parlor Restaurant Scientific or Research Laboratones