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1998-188Z98 023 NO AN ORDiNANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 93-232 TO PROVIDE FOR AN AMENDMENT TO AN APPROVED DETAILED PLAN FOR 4 708 ACRES OF LAND CURRENTLY WITHIN PLANNED DEVELOPMENT DISTRICT EIGHTY-SEVEN (PD-87) LOCATED ALONG THE WEST SIDE OF LILLIAN MILLER PARKWAY BETWEEN INTERSTATE 35E AND SOUTHRIDGE DRIVE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Dale and Crmg Irwin, on behalf of M~tchell Vexler, initiated a request to amend anI approved detailed plan for 4 708 acres of land currently w~th~n Planned Development District Eighty-Seven (PD-87), and WHEREAS, on May 27, 1998, the Planning and Zoning Commission recommended approval of an amendment to an approved detailed plan for 4 708 acres currently within Planned Development District Eighty-Seven (PD-87), and WHEREAS, the City Council finds that the change m zoning will be ~n compliance with the Denton Development Plan, NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That Ordinance No 93-232, prowding approval of a planned development d~stnet for 4 708 acres of land as described therein, ~s hereby amended by approval of an amended detmled plan of the 4 708 acres of land w~thin Planned Development District Eighty- Seven (PD-87) described In Exhibits A, attached hereto and ~ncorporated by reference hereto, ~s approved~ and smd detmled plan IS attached hereto as Exhibit B The stud Detailed Plan (Exhibit B) shall cbntatn the following conchtlons 1 Land uses shall be hmited to professional, medical, dental or business administrative services, small ammal chmc or public park or open space Total floor area ofmedmal or dental offices shall not exceed 50% of total allowed floor area 2 Maximum bufl&ng height shall be one story 3 Maximum total floor area for all bufldmgs shall not exceed 36,000 square feet 4 No mdividual bulldmg shall exceed 6,000 feet of floor area 5 Exterior walls, excluding windows and doors, shall be constructed of brick, brick veneer or other masonry materials 6 A buffer yard of not less than 20 feet shall be malnttuned along adjacent residential property A minimum of 12 tree per 100 hneal feet will be maintained or planted in the buffer yard No less than 33% of these trees shall be from the City's large tree planting list as included in the Landscape Ordinance A screemng wall of hwng material or fence of no less than 6 feet ~n height shall also be reqmred w~th~n the buffer yard 7, All buikhngs shall have no less than a 6/12 roofp~tch and compomt~on shingles 8 Laghtmg on the property shall be designed and mmntmned so as not to shane on, or otherwase dasturb, adjmmng property or to shane and project upward to prevent the dlffusaon of light into the mght sky 9 No loading docks shall be permatted 10, Setbacks shall be 35 feet on the front, 20 feet on the rear, and l0 feet on the sade Sagns shall have the following attributes a Maximum height of 6 feet, b Maximum sign area for new individual ground s~gns of 24 square feet, c Maxamum sagn area for all new ground s~gns within the project of 192 square feet, and d Maxamum of one sagn per lot 11 Access to the property from Southndge Drive shall be hm~ted to emergency vehicles only SECTION II That the promslons of this ordinance as they apply to the 4 708 acres shown m the detmled plan hereto approved, shall govern and control over any conflmtmg provision of Ordinance No 93-232, but all prowsaons of Ordinance No 93-232 shall contanue an force and effect to the remmnder of the dlsmct ~_I That a copy of flus ordinance shall be attached to Ordinance No 93-232, showing the amendment hereto approved S]~CTION IV. That any person vaolatmg any provlsmn of thas ordinance shall, upon convmtaon, be fined a sum not exceechng $2,000 00 Each day that a prowslon of this ordanance is vaolated shall constatute a separate and dlstanct offense ~ That this ordinance shall become effective fourteen (14) days from the date of ars passage, and the Caty Secretary m hereby directed to cause the captaon of th~s ord~nanco to be pubhshed twine m the Denton Record- Chromcle, a dally newspaper pubhshed an the Caty of Denton, Texas, wattun ten (10) days of the date of~ts passage PASSED AND APPROVED this the day of (dt , 1998 ATTEST' JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Docum=nts\Ordman¢=s~98kZ 98 023 doc Col~,ti'~lat~cn e£ Legal Deecriptlon EXHIBIT A Schedule (Con ued) TRACT I Ail that certain 5 211 acre tract or parcel of land s~tuated in the JOHN MC~0WAN SURVey, ABSTRACT NUMB~ 797, Denton County, Texas, eald tract being p~rt of a tr&Ot show~ by Deed to Denton Resldent~al N V , recorded ~n Volume 986, Page 923, Deed Records, Denton County, Texas, and being more particularly descrIbed as ~ollows~ BECINN~N~ for ~he Southeast corner of this tract at the intersection of the North r~ght-~f-way of Sou=hr~d~e Drive and West right-of-way of L111ian Miller Parkway said poinb Bein~ North $8 degrees 40 m~nutes 29 seconds East 1739 82 £set and North 28 degrees 45 minutes 03 seconds East 95~ 13 feet from the Southwest conner of e&ld tract; THENCE North 61 degrees 10 minutes 57 seconds West w~th the North rzght-of-way of sa~d Southrid~e Drive, a dista~lCe ¢f 71.64 feet to the beglnnlng of a curve T~NCE NorthWesterly with a curve to the right having a radzus of 270 00 feet (chord bearing North 42 de,tees 25 minutes 16 seconds W~st), and said North right-of-way of southrid~e Dr~v~ a ~ieta.,lce of 176 82 feet to a point for end TH~CE North 23 ~egrees 39 m~nutes d~stance of 73.10 feet, to the beginning of a curve to the 1ertl THENCE Northwesterly w~th a curve to the left hev~ng a radius of 583 04 feet (churd bearing N~rth 25 degrees r~ght-of-way, a distance of 46 54 feet to the southwest corner of th~s tract, TH~CE North ~0 degrees 3~ minu~es 33 seconds East a d~etance of 343.5~ feet to an angle point of this THENCE North ~ degrees 07 minutes 33 seconds East ~ dxstence cf 3~0 82 fee~ tO an angle ~oint of this tract, THENCE North 10 degrees 18 minutes 39 seconds West a dletanc~ of 19~ 14 feet tO the Northwest corne~ of this THeE North 89 degrees 66 ~anutes 11 seconds East a distance of 215 07 feet to ;he saxd West right-of-way of Llllian Miller Parkway for the Northeast corner o~ ~h~s TH]ZNCE South 00 degrees 3D minutes 27 seconds distance of ~.95 feeu to the beginning o~ a curve to the right having a radius Schedule A-a- (Continued) THENCE Southwesterly wath saad curve a dastance of 398 62 feet to end of ~aid TMJ~NC~ So~th 2~ degrees ~9 manures 03 seconds West oontlnuang w~th ~al~ r~ght-of-way a distance of ~70 00 feet to the ~oint of ~e~nnxng SAVE AND EXCEPT the following ~secribed tract of land Being a 0 ~16 acre tract of land situated in the Job_n McGowmn Survey, Abstract Nu~aber 797, an the City o~ Denton, Denton County, Te~s, and bezng a portion of a 5 1~49 acre tract of land described as Tract I according to the Deed recorded in Vol~e 2417, Page 1 o~ the Deed Records of Denton CoUnty, Texas (DRDCT) and beangmore partzc~larly described as follows. BEGINNING at the most Westerly Southwest corner of said Tract I and b~lng the most Southerly corner of Lot 17, ~lock A of the Ridge of $outhrl~ge, an addition to the City of Denton, according =o the Pla~ recorded an Cabanet D, Page 330 of the Plat Records 0£ Denton County, Texas (DRDCT), and belnff located in the Northeasterly right-of-way lane of Southr~d~e Dr~ve (60 foot w~de r~ght-of-way), THENCE departing the Northeasterly rzght-of-way line of said Southradge Drave and following the Northwesterly line of said Tract I North 50 degrees 37 minutes 22 seconds East a distance of 131 99 feet to a point for corner; THENCE departin~ the Northwesterly r~ght-of-way lin~ of said Tract I South 34 degrees 09 minutes 18 seconds East a dlstance of 146.04 feet to a point for THENCE South 55 degrees 30 minutes ~2 seconds west a d~stance of 154 26 feet to the beginning of & c~ve to the rlsht havang a radius of 270 OO re, a chef4 bearlng o~ North 24 degrees ~7 manures 00 seconds West and a chord length of 12 16 ~eet located in the Northwesterly right-of-way l~ne of said Southradge Dr%ye, THENCE along the Norbheasterly right-of-way l~ns of sa~d sou~hrzdge DrlvS as ~cllows Along said curve to ~he right through a central angle 82 degrees 34 mznutes 48 seconds fo= an arc length of 12 16 feet, North 2~ de,tees 39 mlnutes 35 seconds West a dletance of 73 10 feet to the Degannang of ~ curve to the left havzng a radius of ~83 04 feet, a =herd ~,~ Lcgs-20~2~4 Schedule A-a. (Continued) C~t~t N'o bearing o~ North 25 de.ems 3~ minutes 46 ssconds West and a chord length of 46 ~ f~et, Alon~ said curve to the left through & central angle of 04 d~grses 31 m~nutes 32 aeeonds for an arc length ~f 46 53 feet to the ~OI~$T OF BEGINNING; CONTAININC within these metes and bounds 0 458 acre or 19,970 sq.&re feet of l~nd, m~rs ~r less EXHIBIT B