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