1993-120b:\hersman.o
ORDINANCE NO.3
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING PLANNED DE-
VELOPMENT (PD) NO. 19 ADOPTED BY ORDINANCE 84-109, BY REZONING
4.706 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF LILLIAN MILLER
PARKWAY, NORTH AND SOUTH OF THE INTERSECTION WITH TEASLEY LANE, TO
OFFICE (O-c) ZONING DISTRICT WITH CONDITIONS; AND REZONING 16.205
ACRES LOCATED ON THE NORTHWEST CORNER OF TEASLEY LANE AND LILLIAN
MILLER PARKWAY AND 135.986 ACRES ON THE EAST SIDE OF LILLIAN MILLER
PARKWAY, NORTH AND SOUTH OF THE INTERSECTION WITH TEASLEY LANE TO
SINGLE FAMILY (SF-16); PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Hersman Development/Lybert Properties has requested
the repeal of Planned Development (PD) No. 19, established with the
adoption of Ordinance 84-109, by rezoning 4.706 acres to office
(O-c) zoning district with conditions and by rezoning a 16.205 acre
tract and a 135.986 acre tract to Single Family (SF-16) zoning
districts; and
WHEREAS, on June 9, 1993, the Planning and Zoning Commission
recommended approval of the requested changes in zoning; and
WHEREAS, the City Council finds that the changes in zoning will
be in compliance with the Denton Development Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON ORDAINS:
SECTION I. That Planned Development (PD) No. 19 is hereby re-
pealed and the following portions of land which are described in
Exhibit "A", attached hereto and made a part hereof for all pur-
poses, are rezoned as follows:
(a) the 4.706 acre tract is hereby rezoned to an Office (O-c)
zoning district classification and use designation with
conditions; and
(b) the 16.205 acre tract and the 135.986 acre tract are hereby
rezoned to Single Family (SF-16) zoning district class-
ification and use designation.
under the comprehensive zoning ordinance of the City of Denton.
SECTION II. That in accordance with Ordinance No. 91-078, the
4.706 acres of land designated as (O-c) shall be subject to the
following conditions:
(a) maximum gross floor area shall not exceed 55,000 square
feet;
(b) all uses in the Office zoning district are prohibited
except professional, administrative, medical offices, and/
or animal clinics with no outside runs or pens;
(c) landscape screening and buffering shall be located along
the northern and eastern boundary line and shall be of no
less than fifteen (15) feet in width containing four (4)
canopy trees, and eight (8) understory trees every 100
linear feet, combined with a six (6) foot high wooden
fence. The plant material shall be of a type included upon
the suggested plant list attached hereto as Exhibit "B",
and made a part hereof for all purposes; and
(d) all property abutting Lillian Miller Parkway shall maintain
a thirty-five (35) foot building setback.
SECTION III. 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 IV. 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
published twice in the Denton Record-Chronicle, the official news-
paper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the 6w day of , 1993.
0- ~r
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: r
APPR D AS O LEGAL FORM:
DEBRA A. DRA OVITCH, CITY ATTORNEY
BY:
PAGE 2
EXHIBIT "A"
FIELD NOTES
4.706 Acres
Being all that certain lot, tract or parcel of land
situated in the John McGowan Survey, Abstract Number
7971 the B. Lewis Survey, Abstract Number 769, the
M.E.P. & P.RR Survey, Abstract Number 950 and the J.
Fisher Survey, Abstract Number 421 City of Denton, Denton
County, Texas, being part of a certain called 181.92 acre
tract described in a deed recorded in Volume 819, Page
268 of the Deed Records of Denton County, Texas, being
particularly described as follows;
BEGINNING at a 1/2" iron rod found on the east right-
of way line of Lillian Miller Parkway (80 foot right--
of-way) from which the northwest corner of said called
181.92 acre tract bears N 38047149" W, 2286.93 feet;
THENCE N 010041171' W, $11.00 feet along the east right-
of-way line of said Lillian Miller Parkway to a 1/2"
iron rod found at the point of curvature of a curve to
the right;
THENCE continuing along the east right-of-way of said
Lillian Miller Parkway and with the arc of said curve
having a radius of 960.00 feet, a central angle of
00°32'14", whose chord bears N 00*48f10" E, 9.00 feet,
an arc length of 9.00 feet to a 1/2" iron rod set;
THENCE S 88°23f25" E, 249.96 feet to a 1/2" iron rod set;
THENCE S 01'04117" E, 820.00 feet to a 1/2" iron rod set;
THENCE N 8$°23"25" W, 250.00 feet to the POINT OF BEGINNING,
and containing approximately 4.706 acres of land.
Page 1 of 4
EXHIBIT "A" (Con't)
FIELD NOTES
BEING a 16.2053 acre tract of land in the John McGowan
Survey, Abstract No. 797, Denton County, Texas, and being
part of a 181.92 acre (called) tract or parcel of land
described in a deed from Patrick S. Gibbons, Substitute
Trustee, to the Synod of Texas Presbyterian Foundation on
January 4, 1971, recorded in volume 819, Page 268, Deed
Records of Denton county, Texas;
BEGINNING at a 1/2" square pipe found in the West right-of-
way line of Lillian Miller Parkway (80 foot right-of-way) and
the North right-of-way line of F.M. 2181, (Teasley Lane, 90
foot right-of-way) as dedicated to the City of Denton as
recorded in Volume 1340, Page 2031 Deed Records of Denton
County, Texas;
THENCE N 8 9 43'04" W, along the North right-of-way line of
said Teasley Lane, a distance of 511.77 feet to a 1/2" iron
rod found for corner and being the southeast corner of Denton
Pilgrim Addition, an addition to the City of Denton as
recorded in Cabinet G, Page 154, Plat Records of Denton
County, Texas;
THENCE N 00°34'45" E, leaving the North right-of-way line of
Teasley Lane and passing along the east line of said Denton
Pilgrim Addition, and the east line of Indian Ridge, an
addition to the City of Denton, as recorded in Cabinet D,
Page 264, Plat Records of Denton County, Texas, a distance of
1122.91 feet to a 1/2' iron rod found for corner, said corner
being the Northeast corner of said Indian Ridge, and being in
the South line of Southridge East Phase S, an addition to the
City of Denton, as recorded in Cabinet D, Page 315, Plat
Records of Denton County, Texas;
THENCE N 89045/27 E. along and with a fence line and with the
south line of said Southridge East Phase I, passing the
southeast corner of Southridge East Phase I at 652.46 feet,
for a total distance of 889.52 feet to a 5/8" iron rod found
for corner, said point being in the Westerly right-of-way
line of Lillian Miller Parkway;
THENCE S 29*58'l1" W. along said Westerly line of said
Lillian Miller Parkway a distance of 506.59 feet to a 1/2"
square pipe found for corner, said corner being a beginning
of a curve to the left having a radius of 1040.00 feet and a
long chord of S 14"26"5911 W, a distance of 556.58 feet;
THENCE alongq said curve for an arc distance of 563.45 feet to
the point of tangency, a 1/2" square pipe found for corner;
Page 2 of 4
EXHIBIT "A" (Con't(
THENCE S 01°04'17' E, continuing along the West right-of-way
line of said Lillian Miller Parkway, a distance of 151.34
feet to the POINT OF BEGINNING and containing 705,904 square
feet or 16.2053 acres of land, more or less.
Page 3 of 4
EXHIBIT "A" (Con't)
FIELD NOTES
135.9865 Acres
Being all that certain lot, tract or parcel of land
situated in the John McGowan Survey, Abstract Number
797, the B. Lewis Survey, Abstract Number 769, the
M.E.P. & P.RR Survey, Abstract Number 950 and the J.
Fisher Survey, Abstract Number 421 City of Denton, Denton
County, Texas, being part of a certain called 181.92 acre
tract described in a deed recorded in Volume 819, Page
268 of the Deed Records of Denton County, Texas, being
particularly described as follows:
BEGINNING at a 1/2" found iron rod on the east right-of-
way line of Lillian Miller Parkway (80 foot right-of-way)
from which the northwest corner of said called 181.92
acre tract bears S 89°50'25" W, 1822.20 feet;
THENCE N 89 50'25" E, 2162.51 feet to a 5/8" iron rod found;
THENCE S 00°47'34" E, 306.15 feet to a 1/2" iron rod found;
THENCE N 89°48'29" E, 1013.33 feet to a 1/2" iron rod found;
THENCE S 00°2012411 W, 1590.81 feet to a 1/2" iron rod found;
THENCE N 88°23'25" W, 3311.33 feet to a 1/2" iron rod set;
THENCE N 01°04'17" W, 820.00 feet to a 1/2" iron rod set;
THENCE N 88°23'25" W, 249.96 feet to a 1/2" iron rod set
on the east line of said Lillian Miller Parkway in a curve
to the right;
THENCE along the east line of said Lillian Miller Parkway
and with the arc of said curve having a radius of 960.00
feet, a central angle of 30°30'15" whose chord bears
N 14 26058" E, 505.09 feet, an arc length of 511.10 feet
to a 1/2" iron rod found;
THENCE N 2905811111 E, 553.02 feet along the east line of said
Lillian Miller Parkway to the POINT OF BEGINNING and
containing approximately 135.9865 acres of land.
Page 4 of 4
EXHIBIT "B"
SUGGESTED PLANT LIST
The following plant list was compiled by the Parks and Recreation Department and represents species which
have proven successful and compatible with Denton soils. This list is not intended to be all inclusive, but
rather as a guide for those not familiar with this area.
COMMON NAME
Afghan Pine
Flowering Pear
Bald Cypress
Bigtooth Maple
Burr Oak
Caddo Maple
Cedar Elm
Chinquapin Oak
Eastern Red Cedar
Japanese Black Pine
Uocbark Elm
Osage Orange, thorn and fruitless
Panda Golden Rain Tree
Pecan
Shumard Oak
Southern Live Oak
Sweetgum
Taos Red Oak
Western Soapberry
Crape Myrtle
Canaert Eastern Red Cedar
Deciduous Holly (Possumhaw)
Desert Willow
Eve's Necklace
"Flowering Crabapple
Flowering Peach
Mexican Buckeye
-Madan Plum
,'Oklahoma, or Madan Redbud
W
'4aupon Holey
Ctrtlrese Photima
Foster Holly
Abelia, Dwarf Glossy 'Edward
Gouchee
Agarita
Althea (Rose of Sharon)
SCIENIMC NAME EVERGREEN HEIGHT WIDTH EXPOSURE
CANOPY TREES
Pinus eldatica
Pyrus calleryans var.
%radford' 'aristocrat"
Taxodium distichum
Acer grandidentatum
Quercus macrocarpa
Acer harbatum var. Caddo
Ulmus crassifolia
Quercus muehlenbergii
Junipenn virginiana
Pinus thunbergii
Ulmus parvifolia
Maclura pomifera 'Park'
Koetreuteria paniculata
Carya illincensis
Quercus shumardi
Quercus virginiana
Liquidamber styraciflua
Quetws texans
Sapindus drummondii
UNDERSTORY 'T'REES
Lagerstroemia india
Juniperus virginiana 'anaertii'
Ilex decidua
Chilopsis linearis
Sophora affinis
Malus hybrids
Prunus persia
Ungnadia speciosa
Prunus mexiana
Cercis anadensis var. texensis
'oklahoma' or 'mexiana'
Myria oerifera
Ilex vomitoria
Photinis serrulata
Ilex attenuate
Abelia x grandiflora
Mahonia trifoliolata
Hibiscus syriacus
SHRUBS
X
40'
20'
Sun
30'
..2w
Sun
W.
40'
Sun
50'
30'
Sun
75'
45'
Sun
60'
40
Sun
75'
S0'
Sun
60'
50'
Sun/Part Shade
X
40'
W.
Sun
X
Sty
30'
Sun
45'
35'
Sun
50'
40'
Part Shade
35'
2tt'
Sun
W,
60'
Sun
70'
50'
Sun
X
40'
30'
Sun
60'
40'
Sun/Part Shade
40
4a
Sun
40'
Sty
Sun/Part Shade
20'
10'
Sun
X
25'
15'
Sun
X
15'
10'
Sun/Shade
20'
15'
Sun
Z.
20'
Su/Shade
20'
20'
Sun
15'
15'
Sun
20'
20'
Sun/Shade
25'
25'
Sun/Shade
25'
2.5-
Sun
X
15'
10'
Sun/Part Shade
X
15'
15'
Sun/Shade
15'
12'
Sun/Shade
X
15'
10'
Sun/Shade
X 4' 4' Sun/Part Shade
X 5' 4' Sun/Part Shade
X 10' 8' Sun/Shade
Page 1 of 2
EXHIBIT "B" (Corl't)
COMMON NAME
SCIENTQFIC NAME
EVERGREEN
HEIGHT
Wrmx
EXPOSURE
Barberry
Berberis thunbergii 'atropurpurea'
4'
4'
Sun/Shade
Barberry, Crimson Pygmy
Berberis thunbergii 'crimson
2'
3'
Sun/Shade
pygmy,
Burford Holly, Dwarf
ilex cornuta 'burfordii nana'
X
7'
4'
Sun/Shade
Chinese Holly, Dwarf
flex cornuta 'rotunda'
X
5'
3'
Sun/Shade
Elaeagnus, Silverberry
Elaeagnus x ebbingei
X
9'
9'
Sun/Part Shade
Flameleaf Euonymus 'Red Haag'
Euonymus alata compacta
4'
5'
Sun/Part Shade
Fosters Holly
flex x attenuata 'fosteri'
X
14'
10'
Sun/Shade
Flowering Quince
Chaenomeles Japonica
5'
6'
Sun/Shade
Forsythia
Forsynthia x intermedia
6'
5'
Sun/Part Shade
Hollywood Juniper
Juniperus chinensis var. 'torulosa'
X
10'
5'
Sun
Mary Nell Holly
flex cv. 'Mary Nell'
X
15'
10'
Sun/Shade
Nandina, Compact
Nandina domestica 'compacts'
X
5'
4'
Sun/Shade
Nana Nandina
Nandina domestics 'nana'
X
Y
T
Sun/Shade
Nellie R. Stevens Holly
flex cv. 'Nellie R. Stevens'
X
15'
15'
Sun/Shade
Pampas Grass
Cortaderia selloana
8'
8'
Sun
Photinia, Frasces
Photinia x fraseri
X
12'
8'
Sun/Part Shade
Primer Juniper
Juniperus chinensis var. 'pritzee
X
4'
6'
Sun
Spiraca Vanhoutte
Spiraea x vanhouttei
5'
6'
Sun/Part Shade
Shore Juniper
Jumnerus conferta
X
1'
4'
Sun
Yaupon Holly, Dwarf
flex vomatiria 'nana'
X
2'
3'
Sun/Shade
GROUND COVER
Asiatic Jasmine
Trachelospermum asiaticum
X
6"
2'
Sun/Shade
Creeping Juniper
Juniperus horizontalis
X
1.5'
4-
Sun
Dwarf Periwinkle
Vinca minor
X
6"
2'
Shade
English Ivy
Hedera helix
X
1a'
1'
Shade
Gray Santolina
Santolina chamaecyparissus
X
1.5'
2'
Sun
Honeysuckle, Japanese Purple
Lonicera japonica 'purpurea'
X
18"
1'
Sun/Part Shade
Liriope
Uriope muscari
X
1.5'
1'
Sun/Shade
Mondo Grass
Ophiopogonjaponicus
X
8"
1'
Shade
Japanese Garden Juniper
Juniperus procumiens 'nana'
X
2"
3'
Sun
Boston Ivy
VINES
Parthenocissus lricuspidata
20'
Sun/Shade
Carolina Jessamine
Getsemium sempervirens
X
15'
Sun
Chinese Wisteria
Wisteria sinensis
25'
Sun/Part Shade
Coral Honeysuckle
Lonieera sempervirens
X
18'
Sun
Cross Vine
Bignonia capreolata
X
15'
Suw?art Shade
English Ivy
Hedera helix
X
45'
Shade
Lady Banksia Rose
Rosa banksiae
12'
Sun
Sweet Autumn Clematis
Clematis paniculata
15'
Sun/Shade
Trumpet Creeper
Campsis x tagliabuana 'madame
25'
Sun/Part Shade
galen'
Virginia Creeper
Parthenocissus quinquefolia
25'
Sun/Shade
GRASS. TURF
Bermuda Grass
Sun
Buffalo Grass
Sun
St. Augustine Grass
Sun/Shade
Tall Fescue
X
Shade
Page 2 of 2