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1996-133F \WPDOCS\O~O\Z- 96-007 *AMENDED BY ORDINANCE 96-243 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY 16 (SF-16) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED (O[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2 6662 ACRES OF LJ~ND LOCATED ON THE WEST SIDE OF LILLIAN MILLER PARKWAY APPROXI- MATELY 500 FEET SOUTH OF 1-35E, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Mr Rob Rayner, on behalf of First State Bank of Denton, lnztzated a change in zonzng for 2 6662 acres of land from the Single Family 16 (SF-16) zoning d~strlct classification and use designation to the Offzce Condztloned (O[c]) zoning district classlflcatmon and use deslgnatzon, and WHEREAS, on April 24, 1996, the Planning and Zoning Commmsslon recommended approval of a change from the Szngle Family 16 (SF-16) zoning dlstrzct and use classzflcatlon to the Office Conditioned (O[c]) zonzng dlstrzct and use classification, and WHEREAS, the City Counczl finds that the change in zoning wmll be zn compliance with the Denton Development Plan, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the zonzng dzstr~ct classlflcatzon and use desmgnatzon of the 2 6662 acres of land described in Exhlbzt 1, zs changed from the Agricultural (A) zonzng district classlfzcatzon and use designation to the Office Conditioned (O[c]) zoning district classification and use designation under the comprehensive zoning ordinance of the Czty of Denton, Texas, subject to the following conditions 1 That the uses described in the l~st attached hereto and ~ncorporated herezn by reference as Exhibit 2, shall be prohibited within this dzstrlct, in addition to those ordlnarlly prohzbzted by the Commerczal classification or any other condltlon listed herein 2 That the total floor area for all bulldzngs constructed on the 2 6662 acres shall not exceed 25,000 square feet 3 That no loading docks shall be permitted 4 That the exterzor walls of all buzldlngs shall be constructed of brick or brzck veneer 5 The owner of the property shall maintain all trees larger than two (2) inches ~n d~ameter, which are located w~thln ten (10) feet of any property lane, other than a property lane fronting Llllaan Mlller Parkway 6 No "off-premise" s~gns (as defined by Section 33-2 of the Code of Ordinances of the C~ty of Denton, or ~ts succes- sor) shall be permatted 7 No darect off-site laghtang shall be permitted 8 A "bufferyard" measurlng fifteen (15) feet w~de, and comprasang four (4) canopy and eaght (8) understory trees per each one hundred (100) lanear feet, shall be stalled along the western and southern property lines of the acreage described ~n Exhibit 1 9 There shall be no second story windows allowed on the western- or southern-facing facades of any buildings located on the acreage descrabed ~n Exhibit 1 10 Maxamum bu~ldang heaght shall not exceed two (2) stories SECTION II That the City's offlcaal zonang map as amended to show the change an zoning dlstrlct classlfacatlon SECTION III That any person violating any provas~on of th~s ordinance shall, upon conv~ctlon, be fined a sum not exceedang $2,000 00 Each day that a provzszon of th~s ordinance is vaolated shall constitute a separate and d~stznct offense ECTI~ That th~s ordinance shall become effective four- teen (14) days from the date of lts passage, and the City Secretary as hereby dzrected to cause the caption of thas ordinance to be published twlce in the Denton Record-Chronicle, a dally newspaper published an the City of Denton, Texas, within ten (10) days of the date of ~ts passage PASSED i~ND APPROVED thas the/~day of ~ , 1996 JAC~ ATTEST JENNIFER WALTERS, CITY SECRETARY PAGE 2 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 3 DESCRIPTION OF 2 6662 ACRES IN THE JOHN McGOWEN SURVEY, ABSTRACT NUMBER 797, CITY AND COUNTY OF DENTOM, TEXAS ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE JOHN McGOWEN SURVEY, ABSTRACT NUMBER 797, CITY AND COUNTY OF DENTON, TEXAS, BEING ALL OF LOTS 6, 7 AND 8, BLOCK 1, J W ERW'IN SUBDIVISION, AN ADDITION TO THE CITY OF DENTON, TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 337, PAGE 530, DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS' BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 6 WHICH IS THE SOUTHEAST CORNER OF LOT 3R, BLOCK 1, J W ERWIN SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN CABINET E, PAGE 96, PLAT RECORDS OF DENTON COUNTY, TEXAS, AND IN THE WEST RIGHT OF WAY OF LILLIAN MILLER PARKWAY, THENCE SOUTH O0 DEGREES 05 MINUTES 14 SECONDS EAST ALONG THE WEST RIGHT OF WAY OF LILLIAN MILLER PARKWAY A DISTANCE OF 449 32 FEET TO THE SOUTHEAST CORNER OF SAID LOT 8, BLOCK 1, AND THE NORTHEAST CORNER OF A CALLED 5.1649 ACRE TRACT, TRACT 1, AS DESCRIBED IN A DEED FROM, TERI TAYLOR COMPANIES, INC , TO MAVEX 9, INC , ON THE 28TH DAY OF DECEMBER 1992, AND RECORDED IN VOLUME 3417, PAGE 0001, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, THENCE NORTH 89 DEGREES 24 MINUTES 08 SECONDS WEST ALONG THE SOUTH BOUNDARY LINE OF SAID LOT 8 AND THE NORTH BOUNDARY LINE OF SAID MAVEX 9, INC TRACT, A DISTANCE OF 258 44 FEET TO THE SOUTHEAST CORNER OF CONWAY STREET IN THE NORTH BOUNDARY LINE OF LOT 11, BLOCK A, THE RIDGE OF SCUTHRIDGE, AN ADDITION TO THE CITY OF DENTON, ACCORDING TO THE PLAT TqEREOF AS RECORDED Ih, CABINET D, PAGE 330, PLAT RECORDS OF DENTON COUNTY, TEXAS, THENCE NORTH 00 DEGREES 05 MINUTES 42 SECONDS WEST ALONG THE E~ST RIGHT OF WAY OF CONWAY STREET A DISTANCE OF 449 39 FEET TO THE NORTHWEST CORNER OF SAID LOT 6 AND TgE SOUTHWEST CORNER OF SAID LOT 3R, THENCE SOUTH 89 DEGREES 23 MINUTES 09 SECONDS EAST ALONG THE SOUTH BOUNDARY LINE OF SAID LOT 3P ~ DISTANCE OF 258 50 FEET TO THE POINT OF BEGINNING AND CONTAINI'IG 2 6662 ACRES OF LAND EXHIBIT 2 LIST OF PROHIBITED USES Z-96-007 Commumty Unit Development Dormitory, Boarding or Rooming House Hotel or Motel Commumty Center (Pubhc) Group Homes Halfway House Hospital ,(General Acute Care) Hospital ~(Chronlc Care) Nursing Home or Residence Home for Aged Occasional Sales Park, Playground or Pubhc Community Center School, Private Primary or Secondary School, Public or Denominational Accessory Building Community Center (Private) Electrical Substation Electrical Transmission Line Temporary Reid or Construction Ofhce (Subject to Approval and Control by Building Official) Rre Station or S~m~lar Pubhc Safety Building Gas Transmission Line and Metering Station Home Occupation Off Street Parking Incidental to Ma~n Use Off Street Remote Parking Sewage Pumping Station Private Swimming Pool Telephone L~ne & Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Country,Club (Pnvate) w~th Golf Course Public Golf Course Pubhc Park or Playground Pubhc Play field or Stadium Swim or Tennis Club Railroad Track or Right-of-way Farm or Ranch Cemetery or Mausoleum Fraternity, Soronty, Lodge or C~vm Club Home for Care of Alcohohc, Narcotic, or Psych~atnc Patmnts Publm Building, Shop, Yard of Local, State, or Federal Government Radio and/or Telews~on Microwave Tower Water Treatment Plant Airport Landing Field or Hehport Commerolal Parking Lot or Structure Cafetena Mortuary or Funeral Parlor Restaurant