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1996-187 NOTE Amended by Ordinance No 2000-062 Z96007C ORDINANCE NO qG-l AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE F~MILY 16 (SF-16) HONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED (O[c]) HONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2 6662 ACRES OF LAND 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 Fmrst State Bank of Denton, initiated a change in zonmng for 2 6662 acres of land from the Single Family 16 (SF-16) zoning district classlfmcatmon and use desmgnatlon to the Office Condltzoned (O[c]) zonmng dzstrlct class~fmcatlon and use des~gnatmon, and WHEREAS, on April 24, 1996, the Planning and Zoning Commmsszon recommended approval of a change from the Single Family 16 (SF-16) zoning dlstrmct and use classlflcat~on to the Offzce Condztzoned (O[c]) zoning dmstrmct and use class~fzcatmon, and WHEREAS, on June 18, 1996, the Council of the City of Denton, Texas considered the rezonlng application and voted 4-3 in favor of the rezonlng, bellevmng at the time that a majority vote was sufficient, and WHEREAS, zt was subsequently discovered that a supermajorzty vote was necessary to effectuate the rezonzng, by v~rtue of the fact that the owners of at least 20% of the land within 200 feet of the subject property were opposed, and WHEREAS, on July 10, 1996, a majormty of the Planning & Zoning Comm~ssmoners ~n attendance gave mnformal dzrectlon to City staff to waive any subsequent zonmng application fee on the subject property, and WHEREAS, On July 11, 1996, Mr Robert Rayner submitted a new petztlon to rezone the subject property, requestzng rezonlng to a condztloned zonzng district whzch was more restrzctlve than the petmtion considered on June 18, 1996, and WHEREAS, on July 12, 1996, notice was sent pursuant to State law for a second rezonlng case on the subject property, similar to the first, and WHEREAS, on July 24, 1996, the Plannmng & Zoning Commission of the City of Denton, Texas voted to allow the Czty's applzcatlon of this second rezonlng on the property in the publmc znterest, and without fee, pursuant to §35-7(a) of the Code of Ordinances of the Cmty of Denton, Texas, so that the orlgmnal applzcant would not be called upon to pay a second application fee mn this matter, and so that the rezonlng effort would not be barred by §35-7(b) (6) of the Code of Ordinances of the C~ty of Denton, Texas, which prohibits reconsideration of a denled zoning application w~th~n twelve months of the den~al, absent a f~nd~ng of changed circumstances ~n the neighborhood, or a f~nd~ng that the reconsideration was for a more restrictive zoning classification, and WHEREAS, on July 24, 1996, the Planning and Zoning Commlsslon recommended approval of a change requested ~n the subsequent peti- tion, from the S~ngle Family 16 (SF-16) zoning d~str~ct and use classification to the Off~ce Conditioned (O[c]) zoning dlstrlct and use classification, and WHEREAS, the owner of the property and a designated represen- tative of the neighborhood settled upon a set of conditions agreeable to the owner and the surrounding neighbors, and have · nd~cated their concurrence with the rezon~ng here~n proposed, and WHEREAS, a new set of proposed condltlons reviewed by the owner and the neighborhood representative was reviewed by the Planning staff, and found to be in compliance wlth the Denton Development Plan, and WHEREAS, the newly proposed condltlons included at least one condition which was deemed to be less restrictive than those which were previously not~ced for public hearing and considered by the Denton Planning & Zoning Commission on July 24, 1996, and WHEREAS, on August 14, 1996, the Planning & Zoning Commission indicated ~ts ongoing approval of Clty's sponsorship of a third rezonlng proposal, in the public lnterest and w~thout fee, pursuant to §35-7(a) of the Code of Ordlnances of the C~ty of Denton, Texas, and WHEREAS, on August 16, 1996, notlce of an August 28, 1996 public hearing before the Planning & Zoning Commission was sent to all owners of real property w~th~n 200' of the subject property, and WHEREAS, the Planning & Zoning Commission reconsidered zoning under the newly proposed cond~tlons on August 28, 1996, and voted to recommend approval of same to the C~ty Council, and WHEREAS, the C~ty Council now f~nds that it would have postponed the June 18, 1996 vote on the rezon~ng to allow t~me to clear up the uncertainty surrounding the majority requirements prior to voting, and WHEREAS, the City Council further f~nds that the w~thdrawal of the zoning protest of M~tchell Vexler on three lots w~th~n 200 feet PAGE 2 of the subject property, as well as the apparent resolution of conflicts between the owner and the surrounding neighborhood, constitutes a substantial change in the conditions surrounding the area to be rezoned, that would have warranted reconsideration of the original rezonlng request, and W~EREAS, the City Council further finds that due to the confu- sion surroundlng the initial vote concerning the percentage of land owners protesting the rezonlng, and the fact that the City Council anticipates that the chapter of the Code of Ordinances applicable to zoning will be shortly amended to allow zoning reappl~catlons similar to this without the necessity of a waiting period, that a variance from the waiting period should be granted, and WHEREAS, the City Council finds that the proposed Office Conditioned zoning would provide a smoother transition between adjacent properties zoned for residential and commercial uses WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the zoning district classification and use designation of the 2 6662 acres of land described in Exhibit 1, is changed from the Single-Family 16 {SF-16) zoning district classifi- cation and use designation to the Office Conditioned (O[c]) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions 1 That the uses described in the list attached hereto and incorporated herein by reference as Exhibit 2, shall be prohibited w~thln this district, in addition to those ordinarily prohibited by the Office classification, or any other condition listed herein 2 That the total floor area for all buildings constructed on the 2 6662 acres shall not exceed 30,000 square feet 3 That no loading docks shall be permitted 4 That the exterior walls of all buildings shall be constructed of brick or brick veneer 5 The owner of the property shall maintain all trees larger than two Inches (2") in diameter which are located within ten feet (10') of any property line, other than a property line fronting Lllllan Miller Parkway, unless such trees would interfere with any required fence PAGE 3 6 No ',off-premise" signs (as defined by Section 33-2 of the Code of Ordinances of the C~ty of Denton, or ~ts succes- sor) shall be permitted 7 No d~rect off-site l~ght~ng shall be permitted 8 A "bufferyard" measuring f~fteen feet (15') wide, and comprising four (4) canopy and elght (8) understory trees per each one hundred l~near feet (100'), shall be ~n- stalled along the western and southern property lanes of the acreage described in Exhibit 1 9 There shall be no second story w~ndows allowed on any western-facing facades of any building, nor any second story w~ndows on any southern-facing facade w~thln 150' of the southern property l~ne, on the acreage described · n Exhibit 1 10 Maximum building height shall not exceed two (2) stories, however, no more than ten thousand square feet (10,000 ft 2), an the aggregate, may be located on the second stories of all the two-story buildings 11 No lnd~vadual building may exceed 7,500 square feet ~n floor area 12 All buildings must have pitched roofs, and no roof surface may have a slope of less than 30% 13 A minimum eaght-foot (8') tall sol~d fence shall be erected and maintained on the western and southern borders of the property described ~n Exhibit 1 SECTION II That the C~ty's official zoning map ~s amended to show the change ~n zoning d~strlct classification ~ That the provisions of §35-7(6) of the Code of Ordinances of the Caty of Denton, to the extent that they would lmpede any reconslderat~on of a rezon~ng on the subject property within 12 months of the inltlal conslderatlon, are hereby var~ed and superseded for the limited purposes of this rezon~ng SECTION IV That any person v~olat~ng any provision of this ordInance shall, upon conv~ct~on, be f~ned a sum not exceedang $2,000 00 Each day that a provision of thas ordinance as violated shall constitute a separate and d~st~nct offense SECTION V That th~s ordinance shall become effective four- teen (14) days from the date of ats passage, and the C~ty Secretary as hereby d~rected to cause the caption of thas ordanance to be PAGE 4 published twice in the Denton Record-Chronicle, a dally newspaper published in the Czty of Denton, Texas, wzthln ten (10) days of the date of zts passage PASSED AND APPROVED this the ~A~day of~ 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY PAGE 5 DESCRIPTION OF 2 6662 ACRES IN THE JOHN McGOWEN SURVEY, ABSTRfCT NUMBER 797, CITY AND COUNTY OF DENTO~I, 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 ERWIN 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 SR, 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 00 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 SOUTHRIDOE, AN ADDITION TO THE CITY OF DENTON, ACCORDING TO THE PLAT THEREOF AS RECORDED CABINET D, PAGE 330, PLAT RECORDS OF DENTON COUNTY, TEXAS, THENCE NORTH 00 DEGREES 05 MINUTES 42 SECONDS WEST ALONG THE EAST RIGHT OF WAY OF CONWAY STREET A DISTANCE OF 449 39 FEET TO THE NORTHWEST CORNER OF SAID LOT 6 AND THE SOUTHWEST CORNER OF SAID LOT THENCE SOUTH 89 DEGREES 23 MINUTES 09 SECONDS EAST ALONG THE SOUTH BOUNDARY LINE OF SAID LOT 3R ~ 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-96-007C One Family Dwelhng Restricted Commumty Unit Development Dormitory, Boarding or Rooming House Hotel or Motel Church or Rectory Cornrnumty Center (pubhc) Day Nursery or Kindergarten School Group Homes Halfway House Hospital (General Acute Care) Hospital (Chronic Care) Institutions of Rehglous or Philanthropic Nature Monastery or Convent Nursing Home or Residence Home for Aged Occasmnal Sales Park, Playground or Public Commun~y Center School, Private Pnmary or Secondary School, Pubhc or Denomlnatjonal Accessory Building Community Center (pnvate) Electrical Substation Electrical Transmission Line Temporary Field or Construction Office (subject to approval and control by Building Inspector) Rte Station or S~rn~lar Pubhc Safety Building Gas Transrnmslon Line and Metering Station Home Occupat mn Off Street Remote Parking Sewage Pumping Station Private Sw~mrning Pool Telephone Line & Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Country Club (private) wtth Golf Course Pubhc Golf Course Public Park or Playground Pubhc Play Field or Stadium Swim or Tennis Club Railroad Track or R~ght-of Way Ammal Clinic or Hospital (no outside runs or pens) Farm or Ranch Cemetery or Mausoleum Fraternity, Sorority, Lodge or C~wc Club Home for Care of Alcoholm, Naroct~c or Psychiatric Patients Pubhc Building, Shop, Yard of Local, State of Federal Government Radio and/or Telewslon Microwave Tower Water Treatment Plant A~rport Landing Field or Hehport Cornrnero~al Parking Lot or Structure Cafeteria Mortuary or Funeral Parlor Restaurant O =ANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE CONDITIONS OF ORDINANCE 96-187 WHICH ESTABLISHED AN OFFICE (O[C]) CONDITIONED ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0 456 ACRES OF LAND BEING LOT 10R IN BLOCK 1, OF THE J W ERWIN SUBDIVISION LOCATED ON THE WEST SIDE OF LILLIAN MILLER PARKWAY APPROXIMATELY 500 FEET SOUTH OF 1-35E, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-071) WHEREAS, Landmark Surveyors, Inc, on behalf of Dr Scott L~pscomb D D S, has apphed for an amendment to the cond~tmns of Ordinance 96-187, whmh estabhshed a Office Conditioned (O[c]) zomng dmtnct classification and use designation for 0 456 acres of land, and WHEREAS, on November 2, 1999, the Planmng and Zomng Commission recommended approval of the requested change ~n cond~ttons of Ordinance 96-128, and WHEREAS, the C~ty Councd finds that the change ~n conditions of Ordinance 96-128 wdl be in compliance w~th the 1988 Denton Development Plan, the 1998 Denton Plan Pohmes, and the 1999 Growth Management Strategies and Plan, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the conditions of Ordmanc8 96-187~ (Exhibit A), wluch estabhshed an Office Conditioned (O[c]) zonmg d~stnct clasmficataon and use destgnat~on for the subject 0 456 acre property, descnbed In the site plan attached hereto and ~ncorporated here~n as Lot 10R ~n Block 1, of the J W Erwm Subdlvlmon 1 are amended under the comprehensive zomng ordinance of the C~ty of Denton, Texas, as follows 1 Condition No 5 of Ordinance No 96-187 shall be amended to read, "The owner of the property shall maintain all trees larger than two ~nches (2") ~n d~ameter wNch are located wttNn ten feet (10') of any property hne abutting residentially zoned property, unless such trees would interfere w~th any fence reqmrements" 2 Condition No 8 of Ordinance No 96-187 shall be amended to read, "A "bufferyard" measuring fifteen feet (15) w~de, and comprising four (4) canopy and e~ght (8) understory trees per each one hundred hnear feet (100') shall be installed along all property hnes ab~utt~ng res~dentmlly zoned property" 3 Condition No 13 of Ordinance No 96-187 shall be amended to read "A munmum e~ght-foot (8') tall sohd fence shall be erected and malntmned along the borders of all resldentmlly zoned property" SECTION 2 That the City's official zoning map is amended to show the change In zoning district classification ~ That the provisions of th~s ordinance shall govern and control over any conflicting pmvlsaons of Ordinance 96-128, but all provisions of Ordinance 96-128 as they apply to the remaining portion of the zoning district land use regulations not herein amended, shall continue in full force and effect ~__E_QTLQ..N~ That a copy of this ordinance shall be attached to Ordinance 96-128 showing the amendments herein approved ~ That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense ~ That this ordinance shall become effective fourteen (14) days from the date of its 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 PASSED AND APPROVED this the /~'"~/~day of x~t:~/~---~-~ ,2000 JA~I~ILI~ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By ~JI~A // A~'ROVED AS TO LEGAL FORM Page 2 of 2 . O iN CS 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 LAND 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 $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. Rob Rayner, on behalf of First State Bank of Denton, initiated a change in zoning for 2.6662 acres of land from the Single Family 16 (SF-16) zoning district classification and use designation to the Office Conditioned (O[c]) zoning district classification and use designation; and WHEREAS, on April 24, 1996, the Plant, lpg and Zoning Commission recommended approval of a change from the Single Family 16 (SF-16) zoning district and use classification to the Office Conditioned (O[c]) zoning district and use classification; and WHEREAS, on June 18, 1996, the Council of the City of Denton, Texas considered the rezoning application and voted 4-3 in favor of the rezoning, believing at the time that a majority vote was sufficient; and WHEREAS, it was subsequently discovered that a supermajority vote was necessary to effectuate the rezoning, by virtue of the fact that the owners of at least 20% of the land within 200 feet of the subject property were opposed; and WHEREAS,.on July 10, 1996, a majority of the Planning & Zoning Commissioners in attendance gave informal direction to City staff to waive any subsequent zoning application fee on the subject property; and WHEREAS, On July 11, 1996, Mr. Robert Rayner submitted a new petition to rezone the subject property, requesting rezoning to a conditioned zoning district which was more restrictive than the petition considered on June 18, 1996; and WHEREAS, on July 12, 1996, notice was sent pursuant to State law for a second rezoning case on the subject property, similar to the first; and WHEREAS, on July 24, 1996, the Planning & Zoning Commission of the City of Denton, Texas'voted to allow the City's application of this second rezoning on the property in the public interest, and without fee, pursuant to §~$-7(a) of the Code of Ordinances of the City of Denton, Texas, so that the original applicant would not be called upon to pay a second application fee in this matter, and so that the ~ezoning effort would not be barred by §35-7(b) (6) of the Code of Ordinances of the City of Denton, Texas, which prohibits reconsideration of a denied zoning application within twelve months of the denial, absent a finding of changed circumstances in the neighborhood, or a finding that the reconsideration was for a more restrictive zoning classification; and WHEREAS, on July 24, 1996, the Planning and Zoning Commission recommended approval of a change requested in the subsequent peti- tion, from the Single Family 16 (SF-16) zoning district and use classification to the Office Conditioned (O[c]) zoning district and use classification; and WHEREAS, the owner of the property and a designated represen- tative of the neighborhood settled upon a set of conditions agreeable to the owner and the surrounding neighbors, and have indicated their concurrence with the rezoning herein proposed; and WHEREAS, a new set of proposed conditions reviewed by the owner and the neighborhood representative was reviewed by the Planning staff, and found to be in compliance with the Denton Development Plan; and W~EREAS, the newly proposed conditions included at least one condition which was deemed to be less restrictive than those which were previously noticed for public hearing and considered by the Denton Planning & Zoning Commission on July 24, 1996; and WHEREAS, on August 14, 1996, the Planning & Zoning Commission indicated its ongoing approval of City's sponsorship of a third rezoning proposal, in the public interest and without fee, pursuant to §35-7(a) of the Code of Ordinances of the City of Denton, Texas; and WHEREAS, on August 16, 1996, notice of an August 28, 1996 public hearing before the Planning & Zoning Commission was sent to all owners of real property within 200' of the subject property; and WHEREAS, the Planning & Zoning Commission reconsidered zoning under the newly proposed conditions on August 28, 1996, and voted to recommend approval of same to the City Council; and WHEREAS, the City Council now finds that it would have postponed the June 18, 1996 vote on the rezoning to allow time to clear up the uncertainty surrounding the majority requirements prior to voting; and WHEREAS, the City Council furthsr finds that the withdrawal of the zoning protest of Mitchell Vexler on three lots within 200 feet PAGE 2 of the subject property, as well as the apparent resolution of conflicts 'between the owner and the surrounding neighborhood, constitutes a substantial change in the conditions surrounding the area to be rezoned, that would have warranted reconsideration of the original rezoning request; and WHEREAS, the city Council further finds that due to the confu- sion surrounding the initial vote concerning the percentage of land owners protesting the rezoning, and the fact that the City Council anticipates that the chapter of the Code of Ordinances applicable to zoning will be shortly amended to allow zoning reapplicat~ons similar to this without the necessity of a waiting period, that a variance from the waiting period should be granted; and WHEREAS, the City Council finds that the proposed Office Conditioned zoning would provide a smoother transition between adjacent properties zoned for residential and commercial uses. WHEREAS, the City Council finds that ~he change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS. SECTION I. That the zoning district classification and use designation of the 2.6662 acres of land described in Exhibit 1, is changed from the Single-Family 16 (SF-16) zoning district classifi- cation and use designation to the Office Conditioned (O[c]) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions= 1. That the uses described in the list attached hereto and incorporated herein by reference as Exhibit 2, shall be prohibited within this district, in addition to those ordinarily prohibited by the Office classification, or any other condition listed herein. 2. That the total floor area for all buildings constructed on the 2.6662 acres shall not exceed 30,000 square feet 3. That no loading docks shall be permitted. 4 That the exterior walls of all buildings shall be constructed of brick or brick veneer. 5. The owner of the property shall maintain all trees larger ~than two inches (2") in diameter which are located within ten feet (10') of any property line, other than a property line fronting Lillian Miller Parkway, unless such trees would interfere with any required fence. PAGE 6. No "off-premise" signs (as defined by Section 33-2 of the 'Code of Ordinances of the City of Denton, or its succes- sor) shall be permitted. 7 No direct off-site lighting shall be permitted 8 A "bufferyard" measuring fifteen feet (15') wide, and comprising four (4) canopy and eight (8) understorytrees per each one hundred linear feet (100'), shall be in- stalled along the western and southern property lines of the acreage described in Exhibit 1. 9 There shall be no second story windows allowed on any western-facing facades of any building, nor any second story windows on any southern-facing facade within 150' of the southern property line, on the acreage described in Exhibit 1. 10 Maximum building height shall n6t exceed two (2) stories; however, no more than ten thousand square feet (10,000 ft 2), in the aggregate, may be located on the second stories of all the two-story buildings. 11. No individual building may exceed 7,500 square feet in floor area. 12. All buildings must have pitched roofs, and no roof surface may have a slope of less than 30%. 13 A minimum eight-foot (8') tall solid fence shall be erected and maintained on the western and southern borders of the property described in Exhibit 1 SECTION ii. That the City's official zoning map is amended to show the change in zoning district classification. SECTION III. That the provisions of §35-7(6) of the Code of Ordinances of the City of Denton, to the extent that they would impede any reconsideration of a rezoning on the subject property within 12 months of the initial consideration, are hereby varied and superseded for the limited purposes of this rezoning. SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION V. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be PAGE 4 published twice an the Denton Record-Chronicle, a daily newspaper published 'in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the ~__~day of~ 1996. ATTEST .' JENNIFER WALTERS, CITY SECRETARY HERBERT.. L~TTORNEY PAGE DESCRIPTION OF 2.6662 ACRES IN THE JOHN HcGO~EN SURVEY, ABSTRACT NUHBER-797, CITY AND COUNTY OF DENTON, TEXAS. ALL THAT CERTAIN TRACT OR PARCEL OF LAtlD LYING AND BEING SITUATED IN THE JOHN HcOOWEN SURVEY, ABSTRACT ~UMBER 797, CITY AND COUNTY OF DENTON, TEXAS, BEING ALL OF LOTS 6, 7 AND 8, BLOCK 1, J. ER~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 TEE NORTHEAST CORNER OF SAID LOT 6 WHICH IS THE SOUTHEAST CORNER OF LOT 3R, BLOCK 1, J. ~. 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 PAItKWAY~ THENCE SOUTH O0 DEGREES OS MINUTES 14 SECONDS EAST ALONG THE ~EST 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 COHPA~IES, INC., TO MAVEX 9, INC., ON THE 28TH DAY OF DECEMBER 1992, /END RECORDED IN VOLUME 3417, PAOE 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 ~ORTH BOUNDARY LI~E LOT 11, BLOCK A, THE RIDGE OF SOUTHRIDGE, AN ADDITIO~ TO CITY OF DE~TON, ACCORDING TO THE PLAT THEREOF AS RECORDED CABINET D, PA~E 330, PLAT RECORDS OF DENTON COUNTY, TE~S~ THENCE,NORTH 00 DEGREES 05 MINUTES 42 SECONDS WEST ALONG THE EAST RIGHT OF WAY OF CO'AY STREET A DISTANCE OF 449.39 FEET TO THE ~ORT~EST CORNER OF SA~D LOT 6 AND THE SOUTHWEST CORNER OF SAID LOT THENCE SOUTH 89 DEGREES 23 MINUTES 09 SECONDS EAST ALONG THE SOUTH BOUNDARY LINE OF SAID LOT 3R A D~ST~ICE OF 258.50 FEET TO THE POINT OF BE~I~I~G AND CONTAINI:~G 2.6662 ACRES OF L~ND. EXHIBIT LIST OF PROHIBITED USES Z-96,.007C One Family Dwalllng Restricted Community Unit Devalopment Oormitory, Boarding or Rooming House Hotel or Motel Church or Re~to~ Community Center (public) Day Nursery or Kindergarten School Group Homes Halfway House Hospital (General Acute Care) Hospital (Chronic Care) Institutions of Religious or Phllanthroplo Nature Monest ery or Convent Nursing Home or Residence Home for Aged Occeslonal Sales Park, Playground or Publlo Community Center School, P~ate Pdmary or 8econdmy School, Public or Denom]nat.lonal Accessory Building Community Center (private) Electrlcal Bubstatlon Electrical Transmission Uns Tempors~7 Raid or Construction Office (subject to approval and control by Building Inspector) Fire Station or Similar Publfo 8alety Building Gas Transmission Uno and Metedng Station Home Occupation Off Street Remote Parking Sewage Pumping Station Private Swimming Pool Telephone Uns & Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Count~/Club (private) with Golf Course Public Golf Course Public Park or Playgrouqd Public Play Raid or Stadium Swlm or Tennis Club Railroad Trsck or Right-of.Way Anlrnal CIInlo or,Hospltal (nc.outside runs or pens) Farm or Ranch Cemetery or Mausoleum Fraternity, 8orm'~e/, Lodge or CIv~ Club Home for Care of Alcoholic, Namo~ or Psyohlatrlo Patients Public Building, 8hop, Yard al Lo~al, State of Federal Government Radio and/or Television Microwave Tower Water Treatment Plant Airport Landing Reid or Hellporl Commercial Parldng Lot or Structure Cdeteda Mortuary or Funera~ Parlor Restaurant