1993-168J \wpdoc®\ord\vela o
ORDINANCE NO 93 /~Lo
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM SINGLE FAMILY - 7 (SF-7) TO COMMERCIAL WITH CONDITIONS (C-c)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 3 23 ACRES
OF LAND LOCATED ON THE SOUTH SIDE OF EAST MCKINNEY, APPROXIMATELY
27 MILES EAST OF WOODROW LANE, PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS, G Roland Vela has applied for a change in zoning for
3 23 acres of land from Single Family - 7 (SF-7) to Commercial with
conditions (C-c) district classification and use designation, and
WHEREAS, on August 11, 1993, the Planning and Zoning Commis-
sion recommended approval of the requested change in zoning, and
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 3 23 acres of land described in Exhibit A,
attached hereto and incorporated into this ordinance by reference,
is changed from Single Family - 7 (SF-7) to Commercial with
conditions (C-c) district classification and use designation under
the comprehensive zoning ordinance of the City of Denton, Texas
SECTION II. That in accordance with Ordinance No 91-078, the
property shall be subject to the following conditions
a A landscape screening and buffering shall be located
along the southern, eastern and western property lines
and shall be no less than fifteen (15) feet in width
consisting of four (4) canopy trees, eight (8) understory
trees per every 100 linear feet in addition to a six (6)
foot high wooden fence Existing trees that are
preserved are to be included in the buffering whenever
possible
b. The maximum gross floor area of all buildings shall not
exceed 12,000 square feet
c All uses listed within the "C" Commercial District are
prohibited except the following
Art Gallery or Museum
Church or Rectory
Institutions of Religious or Philanthropic Nature
Accessory Building
Temporary Field or Construction office (subject to
approval and control by Building Inspector)
Fire Station or Similar Public Safety Building
Offices, Professional and Administrative
Animal Clinic or Hospital (no outside runs or pens)
Farm or Ranch
Scientific or Research Laboratories
d Maximum height of building(s) shall not exceed 30 feet,
which includes the pitch of the roof
SECTION III That the City's official zoning map is amended
to show the change in zoning district classification
SECTION IV, That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000 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
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, the official
newspaper of the City of Denton, Texas, within ten (10) days of the
date of its passage
PASSED AND APPROVED this the 49 - day of 1993
ATTESTS
JENNIFER WALTERS, CITY SECRETARY
AS TO LEGAL
DRAYOVITCH,
ATTORNEY
BY QZ -10
PAGE 2
EXHIBIT A
Field notes to all that certain tract of land situated in the
T M Downing Survev Abstract Number 316 in the City of
Denton, Denton County, Texas and being a part of Lhe called
18 535 acre tract described in the Substitutes Trustee's deed
from Peggy J Jones, Trustee to the fedetal Deposit lnSUrance
Corporation recorded in Volume 2831 Page 850 of the Real
Property Records of Denotn Countv, Texas, the subject tr1(f
being more particularly described as follot,R
BEGINNING for the most Northerlv Corner of the tract being
described herein, at an iron rod found at a fence corner post
in the South Right-of-way of East McKinney Street (FM12b) at
the NorthwestCorner of a called 1 121 acre tract deeded to R
L Tyson, et ux, as recorded in Volume 918 Page 318 of the
Deed Records of Denton Countv, Texas,
Thence South 01 Degree 13 Minutes 17 Seconds East along a
fence line with the West line of the said 1 121 acre tract a
distance of 351 94 feet to a iron rod found at a fence corner
post at the Southeast Corner thereof
Thence South 88 Degrees 21 Minutes 53 Seconds west along a
fence line South line of the said 3 23 acre tract a distance
of 280 feet to a fence corner post at the Southeast Cornei
Thence North 01 Degrees 13 Minutes 17 Seconds West along a
fence line with the West line of the the said 3 23 acre tract
a distance of 143 74 feet to a fence corner post at the
Northeast Corner,
Thence South 88 Degrees 21 Minutes 53 Seconds Nest along r
fence line South of the said 3 23 acre tract a distance of 95
feet to a fence corner post at the Southwest Cornei,
Thence North 00 Degrees 52 Minutes 02 Seconds West along a
fence line of the said 1 23 acre tract a distance of 324 ~5
feet to an iron rod at the Northwest Corner of the said 3 23
acre tract said point lying in the South Right-of-%aN line of
F M 426 (E McKinney,) said point also lying in a non
tangent curve to the right with a radius of 1378 9 ind a
chord bearing South 75 degrees 51 minutes 57 seconds east a
length of 101 17 feet,
Thence along said South Right-of-way of F M 426 and along,
said curve to the right a distance of 101 17
Thence South 73 Degrees 47 Minutes 11 Seconds continuing with
the said South Right-of-wav of East McKinney Street (rM 426)
a distance of 289 90 feet the the Place of Beginiing ind
enclosing approximately 3 23 acres of land