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1991-078am10Ao NOTE ORDINANCE 91-078 AMENDED BY 93-141 AND A COPY IS ATTACHED NOTE ORDINANCE 91-078 AMENDED BY 92-124 AND A COPY IS HEREWITH ATTACHED NOTE ORDINANCE 91-078 AMENDED BY 93-120 AND A COPY IS ATTACHED ORDINANCE NO W-Ole? AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING APPENDIX - B ZONING OF THE CODE OF ORDINANCES BY ADDING A NEW ARTICLE 10A TO PROVIDE FOR CONDITIONED ZONING, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000 FOR VIOLA- TIONS OF CONDITIONS OR RESTRICTIONS IMPOSED, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Appendix B-Zoning of the Code of Ordinances is amended by adding a new Article 10A to read as follows ARTICLE 10A CONDITIONED ZONING DISTRICT A Purpose This article allows the City Council to im- pose conditions and restrictions on the use of land and buildings when approving a change in zoning district class- ification when necessary to mitigate adverse impacts or incompatibilities of land uses which might otherwise result at a specific site B General Provisions 1 Every condition or use restriction established under this article shall be considered an amendment to the regulations of the district and shall be incorporated in the ordinance providing for the change in zoning 2 The procedures applicable to a request for a change in zoning district classification, including notice, public hearings and written protests, shall apply to any modifica- tion of any condition or restriction imposed under this article 3 This article does not authorize a land use which is not a permitted use in a zoning district and no requirement of any ordinance shall be waived or made less strict through the application of this article The Council may prohibit a land use otherwise permitted in a zoning dis- trict if necessary to insure the compatibility of land uses 4 The Department, Commission, or Council may require the applicant to submit plans, a site layout, maps, sketch- es, drawings, written statements, impact analyses or other information if determined necessary to review, make a rec- ommendation, or decision on the application C Conditions and Restrictions In order to safeguard the public safety and welfare of the citizens and to protect properties from adverse impacts and incompatibilities, the Planning and Zoning Commission may recommend and the City Council may impose conditions and restrictions on the property being rezoned, including, but not be limited to, one or more of the following matters 1 Setbacks for buildings or structures 2 Public street access 3 Drainage 4 Vehicular traffic, circulation, parking lots or spaces 5 Screening or buffers 6 Hours of operation 7 Activities permitted on the property 8 Building or structure heights 9 Landscaping 10 Impervious surface area 11 Floor area ratio 12 Pedestrian circulation 13 Signs 14 Mitigation of noise, fumes, odors, vibration, or airborne particles 15 Exterior lighting 16 Building facades and exterior construction materials 17 Special fire protection measures 18 Outside storage and display of merchandise 19 Refuse and waste storage 20 Other conditions or restrictions as shown on a site plan D Zoning District Map Any property approved for a change of zoning district classification with conditions or restrictions as authorized by this article shall be shown on the zoning district map with the abbreviated designation of the district followed by (c), to show the property as a conditioned zoning district SECTION II It shall be unlawful for any person to violate any condition or restriction imposed upon the use of any land under the provisions of this ordinance and any person found to be in viola- tion thereof shall, upon conviction, be fined a sum not exceeding $2,000 Each day that a violation occurs shall constitute a sepa- rate and distinct offense SECTION III That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the valid- ity of the remaining portions of this ordinance, and the City PAGE 2 Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity SECTION IV 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 pub- lished 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 p PASSED AND APPROVED this the 49 ! day of , 1991 BOB CASTLEBERRY, ATTEST JENNIFER WALTERS, CITY SECRETARY BY W 0j±rj AJ APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY CZ> ` 0 PAGE 3 ALL002CC NO -/a AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM MULTI-FAMILY ONE (MF-1) TO GENERAL RETAIL (GR) DISTRICT CLAS- SIFICATION AND USE DESIGNATION WITH CONDITIONS FOR 0 4128 ACRES OF LAND LOCATED NEAR THE TEXAS WOMAN'S UNIVERSITY CAMPUS, ON THE SOUTHEAST CORNER OF BELL AVENUE AND SCHMITZ STREET, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Hammett & Nash Cc has applied for a change in zoning for a 0 4128 acre tract of land from Multi-Family One (MF-1) to General Retail (GR) district classification and use designation with conditions, and WHEREAS, on July 8, 1992, the Planning and Zoning Commission 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 0 4128 acre of land described in Exhibit A, attached to and incorporated into this ordinance by reference, is changed from Multi-Family One (MF-1) to General Retail (GR) dis- trict classification and use designation with conditions 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 1 The maximum floor-to-area ratio (FAR) of any structure shall not exceed 3 to 1 2 The maximum height of any structure will not exceed two stories or twenty-three feet (231) 3 All existing vegetation of a two-inch (211) caliper or greater located within twenty feet (201) of the Bell Avenue right-of-way, within fourteen feet (141) of the Schmitz Street right-of-way, within fifteen feet (151) of the southern property line, and within ten feet (101) of all other property lines, will be preserved in a healthy condition 4 The building line paralleling the southern property line will be fifteen feet (151) 5 The allowed uses for the property are shown on the list of permitted uses attached hereto as Exhibit B and which is incorporated herein 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 day of , 1992 BOB CASTLEBERRY, MA ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AUTO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY Page 2 LIST OF EXHIBITS 1) Exhibit A Description of Property - 1 page 2) Exhibit B List of Permitted Uses - 1 page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ommercial (surface) parking lot Antique shop Bakery or confectionery shop (retail) Cleaning & pressing, small shop & pick-up Custom personal service shop Dormitory or rooming house Drapery, needlework or weaving shop Florist or garden shop Greenhouse or plant nursery (retail) Handicraft shop Hotel or motel Household appliance service & repair Institute of religious or philanthropic nature Laundry or cleaning, self-service Museum or art gallery Mimeograph, stationery or letter shop office, professional and administrative Public library Retail stores and shops Studio for photographer, musician or artist In addition the following uses will be allowed upon obtaining an approved Specific Use Permit Restaurant Animal Clinic (inside runs) Fraternity or sorority house bs\hersman o ORDINANCE NO 93 1,zR 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 $2,000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Hersman Development/Lybert Properties has requested the repeal of Planned Development (PD) No 19, established with the adoption of ordinance 84-109, by rezoning 4 706 acres to Office (O-c) zoning district with conditions and by rezoning a 16 205 acre tract and a 135 986 acre tract to Single Family (SF-16) zoning districts, and WHEREAS, on June 9, 1993, the Planning and zoning commission recommended approval of the requested changes in zoning, and WHEREAS, the City Council finds that the changes in zoning will be in compliance with the Denton Development Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON ORDAINS SECTION I. That Planned Development (PD) No 19 is hereby re- pealed and the following portions of land which are described in Exhibit "A", attached hereto and made a part hereof for all pur- poses, are rezoned as follows (a) the 4 706 acre tract is hereby rezoned to an Office (O-c) zoning district classification and use designation with conditions, and (b) the 16 205 acre tract and the 135 986 acre tract are hereby rezoned to Single Family (SF-16) zoning district class- ification and use designation under the comprehensive zoning ordinance of the City of Denton SECTION II. That in accordance with Oidihalice$W1: 91`!~07 , the 4 706 acres of land designated as (O-c) shall be subject 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 convigtion, 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 SE`TION 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 day of , 1993 ATTEST JENNIFER WALTERS, CITY SECRETA I BY APPR D AS O LEGAL FORM. DEBRA A DRA OVITCN, CITY ATTORNEY BY e2~ 3?"-C 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 797, the B. Lewis Survey, Abstract Number 769, the K.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 County, Texas, being 26B f the Dead particularly described a as of foDenton llowe= part SEOINNING at a 1/2" iron rod found on the east right- of way line of Lillian Hiller Parkway (80 foot right- 9)acremtracthbearsnNr38W47149ornN,r2206.93dfeetted 181w 2 THENCE N 01004'17" W, 811.00 feet along the east right- of-way line of said Lillian Niller Parkway to a 1/2" iron rod found at the point of curvature of a curve to the rights rve THENCE Lillian continuing Miller Parkway along and ewitheast thegarcoofwsaid fcusaid having a radius of 960.00 feet, a~central angle of setfeet, iron 8, 9 00 0003211411, whose of 9 chord 00 foot bears t N a 00048F10" an arc le THENCE 9 68'23125" E, 249.96 feet to a 1/2" iron rod sett THENCE S 01'04117" E, 820.00 feet to a 1/2" iron rod sett SEGINNINa, and containing , approximately 4 e 706 t 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 B Gibbons, Substitute Trustee, to the Synod of Texas Presbyterian Foundation on January 41 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 rigght-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 203, Deed Records of Denton County, Texas; THENCE N 8943104" 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 1/20 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 1, 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 8 29*58'll" 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"26,59" W, a distance of 556 58 feet; THENCE along 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 010041170 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) FIRM 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 8190 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 89'50125" W, 1822.20 feet; THENCE N 89050125" E, 2162 51 feet to a 5/8" iron rod founds THENCE S 00'47134" E, 306.15 feet to a 1/2" iron rod found, THENCE N 89'48129" E, 1013 33 feet to a 1/2" iron rod found; THENCE S 00020024" W, 1590 81 feet to a 1/2" iron rod founds THENCE N 88423125" W, 3311 33 feet to a 1/2" iron rod set, THENCE N 01'04117" W, 820.00 feet to a 1/2" iron rod set; THENCE N 88'23125" 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 rights 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 26158" E, 505 09 feet, an arc length of 511.10 feet to a 1/2" iron rod found; THENCE N 29058111" 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 EVERGREEN HEIGFiI' ExPOSt1RB CANOPY TREES Afghan Pine Flowering Pear Bald typmaa Bigtooth Maple Burt Oak Caddo Maple Cedar Elm Chinquapin Oak Eastern Red Cedar Japanese Black Pine lJcebark Elm Osage Orange, thorn and fruitless Paneled Gold" Role Tae Peon Shumard Oak Southern Ira Oak Sweetgum Terse Red Oak Western soap" Pious eldarics Pynu allerians vas 'badford aristoctar Taaodium distichum Aar gandaenatum Quercus msorocarps Aar barbatum var addo Ulmus craesifolls Quercus meshlenbergn Junipenn vhgialeoa Plnas thunberga Ulmus pervifolla Maclua Patellae Park Koeleeulaets paakulats Corp dlinoems Quercus shumardi Quercus virginlam Uquidamber styrad0ua Quercm team s Sapindus drommondh x 40' 20' Sun 30' 2W Sun Be 40' Sun 50 30 Sun 75 45 Sun 6W 40 Sun 75 50 Son 6W sty Sun/Pan Shade x 4W 3W Sun x 3W 30' Sun 45 35 Sun 50' 40 Pan Shade 3s 20' Sun 8W 6W Sun 70 SW Sun x 40 3W Sun 60' 40 Sun/Psn Shade 40 40' sun 40 3W Sun/Pain Shade 20 10 Sun x 25 1s Sun x is 1W Sun/Shade 20 is Sun 25 2W Su/Shade 20 2W Sun 15 15 Sun 20' 2W SuniShade 25 25 Sunshade 25 25 Sun x 15 1W Sun/Part Shade x 15 15 Sun/Shade 15 12 Sun/Shade x is 10' Sun/Shade UMERSfORY'I'REES Cape Myrtle Cannon Eastern Red Cedar 'Deciduous Holly (Pasumhaw) Desert Willow Eve s Necklaces -Flowenng Crabapple Flowenng Peach Mcocan Buckeye dNancan Plum AOklahoms or Modena Radbud WaLJdysle '4aupem Holly ctllm Photmm Foster Holly Lageatroemia indict Juniperus Virginians amend ties decides Chdopsis linars Sophoa amok Maly hybnda Primus penny Ungnadis speciesa Prunus mealans Cercis Canada=% var teaenats oklaboas or meaians Myria otrifem Ilex Vomitorle Photinis serruka no attenuate SHRUBS Abena, Dwarf Glary Edward Goueher' Aparite Althes (Rae of Sharon) Abelia a greediness Mabonia tritoliolate Hibiscus syrinom x 4 4 SYNPan Shade x 5 4' Sun/Pan Shade x 10 8 Sun/Shade Page 1 of 2 EXHIBIT "B" (Con't) COMMON NAME SCMNIIMC NAMB EVERGREEN HFIGFfI' Wm' EXPOSURE Barberry Berbers Ihunbergd alroputpurea 4 4 Sun/Shade Barberry Crumon Pygmy Berbens lhunbergn crimson 2 3 Sun/Shade Pygmy Burford Holly Dwarf flex cornuta burfordd rims x 7 4 Sun/Shade Chinese Holy Dwarf flex oornuts rotunda x S 3 Sun/Shade Elaagnus Sdverberry Elaeagnus x ebbtnga x 9 9' Suw?an Shade Flamelaf Euonymus Red Haag Euonymus slats compacts 4 S Sun/Pan Shade Fasters Holy lies x attenuats fated x 14 10 Sun/Shade Flowering Quince Chaenomeles Japonica S 6 SuNShade Forsythia Forsynthw x mtermedis 6 S Suw?art Shade Hollywood Juniper Junipers chinenau var torulon x 10 S Sun Mary Nell Holy Ilex cv Mary Nell x 15 10' Sun /Shade Nandma Compact Nandins domestics compacts X S 4 Sua/Shade Nana Nandias Mardian domestics nano x 3 2 SurvShade Nellie R Stevens Holy Bat a Nellie R Stevens x 13 13 Sun/Shade Pampas Gran Conadeds saltoana 8 8 Sun Photlma Fraser's Photinia x fraseri x 12 8 Sun/Part Shade PBUer Juniper Jumpers chinensis var pOtree x 4 6 Sun Sprraa Vanhoutte Spina x vanhouttel 3 6 Sun/Part Shade Sbore Juniper Junincra cenfen t x 1 4 Sun Yaupon Holy Dwarf Ilex vomalins nano x 2 3 Sun/Shade GROUND COVER Aortic Jasmine Tnchelospetmum asutkvm x 6" 2 Sun/Shade Creeping Juniper Juniperus hoxizontalis x 1.5 4 Sun Dwarf Periwinkle Vina minor x 6 2 Shade English Ivy Heders helix x 10" 1 Shade Gray Santolino Samolino chamaecyperiuus x 13 2 Sun Honeysuckle Japanese Purple Lonicera japonica purpures x too 1 Sun/Part Shade Udope Urlope musad x 1.5 1 Sun/Shade Mondo Gran Ophiopogon Japonicus x Ir 1 Shade Japanese Garden Juniper Junipers procumlem nano x r 3 Sun Baton Ivy VINM PanhenoeWw tdcuspidals 20 Sun/Shade Carolina Jessamine Gelnmium sampervireas x 15 Sun Chinese Wisteria Wisteria simnsis 25 Sun/Part Shade Coral Honeysuckle Lonk ers aempetvirens x 18' Sun Crass Vine Bignonia aproolata x 15 Sun/Part Shade English Ivy Haden bells x 45 Shade Lady Banksia Rose Rasa banksiae 12 Sun Sweet Autumn Clematis Clematis paniculata 15 Sun/Shade Trumpet Creeper Campsis x taglnbuano madame 25 Sun/Pan Shade plan Virginia Creeper Panhenocissus qumquefolis 25 Sun/Shade GRAM TURF Bermuda Gran Sun Buffalo Grin Sun St Augustine Gran Sun/Shade Tall Fescue X Shade Page 2 of 2 e \wpdocs\ord\292005 0 ORDINANCE NO 3 t/1 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM MULTIFAMILY ONE (MF-1) TO GENERAL RETAIL WITH CONDITIONS (GR- c) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 63 ACRES OF LAND LOCATED ON THE NORTH SIDE OF UNIVERSITY DRIVE, APPROXIMATE- LY 250 FEET EAST OF LOCUST STREET, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Keith and Mildred Briggs have applied for a change in zoning for 63 acres of land from Multifamily One (MF-1) to General Retail with conditions (GR-c) district classification and use designation, and WHEREAS, on July 14, 1993, the Planning and Zoning Commission 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 63 acres of land described in Exhibit A, attached hereto and incorporated into this ordinance by reference, is changed from Multifamily One (MF-1) to General Retail with conditions (GR-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. Landscaped screening and buffering shall be located along the northern property line and shall be no less than fifteen (15) feet in width It shall contain the trees existing on the site at the adoption of this ordinance as well as five (5) gallon red tip photinias planted every eight feet where no trees exist The purpose is to achieve a solid vegetative screen in lieu of a wooden fence Prior to issuance of a certificate of occupancy, the landscape buffering plan shall be approved by the Planning Department b No major structural changes may be done to the existing 3,100 square feet structure This structure shall main- tain the same residential character that exists at the time of adoption of this ordinance This shall include not adding any additional square feet to the main struc- ture with an exception for the existing attached outdoor patio The garage shall not be counted in the gross floor area c No product shall be sold outside of the main structure, this includes no display on the patio/porch d No outside advertising for any accessory use will be allowed e maximum gross floor area of any accessory use shall not exceed 20% or 400 square feet of the entire main structure f. No food preparation which involves cooking will be allowed on site g. The following uses shall be prohibited Community Unit Development Hotel or Motel college or University or Private School Community Center (Public) Day Nursery or Kindergarten School Halfway House Home for Care of Alcoholic, Narcotic or Psychiatric Patients Hospital (General Acute Care) Hospital (Chronic Care) Public Library Monastery or Convent Nursing Home or Residence Home for Aged Occasional Sales Park, Playground or Public Community Center School, Private Primary or secondary School, Public or Denominational School, Business or Trade Electrical Substation Electrical Transmission Line Temporary Field or Construction Office (Subject to Approval and Control by Building Inspector) Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station Home Occupation Off Street Parking Incidental to Main Use Radio and/or Television Microwave Tower Off Street Remote Parking Sewage Pumping Station Telephone, Business Office Telephone Line and Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Amusement, Commercial (Indoor) Country Club (Private) with Golf Course PAGE 2 Dance Hall or Night Club Public Golf Course Public Playfield or Stadium swim or Tennis Club Theater, Other than Drive-in Type Railroad Passenger Station Railroad Track or Right-of-Way Commercial Parking Lot or Structure Auto Laundry Auto Sales and Repair (In Building) Gasoline Service Station New Auto Parts Sales Stores Bakery or Confectionery Shop (Retail) Cafeteria Cleaning and Pressing Small Shop and Pickup Custom Personal Service Shop Drapery, Needlework or Weaving Shop Florist or Garden Shop Greenhouse or Plant Nursery (Retail) Household Appliance Service and Repair Laundry or Cleaning Self Service Mortuary or Funeral Parlor Off Premise Sale of Beer and/or Wine On Premise Sale of Beer and/or Wine Licensed Private Club Restaurant Retail Stores and Shops - 4,000 square feet or less Retail Stores and Shops - Over 4,000 square feet Animal Clinic or Hospital (no outside runs or pens) Farm or Ranch Greenhouse or Plant Nursery Cemetery or Mausoleum Fairground or Exhibition Area Fraternity, Sorority, Lodge or Civic Club Private Utility Shop or Storage Yard Sewage Treatment Plant Water Treatment Plant Stable, Private Club Theater, Drive-in Airport Landing Field or Heliport 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 PAGE 3 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 r7 PASSED AND APPROVED this the /day of , 1993 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED ASS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY PAGE 4 EXHIBIT "A" FIELD NOTES to all that certain tract of land situated in the N H Meisenheimer Survey Abstract Number 811 in the City and County of Denton, Texas and being a portion of the tract described in the deed from Linda Jane Gann Ireland to Keith T Briggs at ux recorded in Volume 3242 Page 801 of the Real Property Records of Denton County, Texas as recognized and occupied on the ground, the subject tract being more particularly described as follows BEGINNING for the Southwest corner of the tract being described herein at an X found in concrete at the monumented Southwest Corner of the said Briggs tract in the North right-of-way line of University Drive, THENCE North 00 Degrees 26 Minutes 14 Seconds East along a fence with the recognized and occupied West line of the Briggs tract a distance of 234 27 feet to a found axle at the monumented Northwest corner thereof and also being the Southwest corner of the tract described in the deed from J J Huffhines at ux to H L Dungan at ux recorded in Volume 293, Page 542 of the Deed Records of Denton County, THENCE North 89 Degrees 48 Minutes 49 Seconds East along a fence with the monumented North line of the Briggs Tract and the South line of the Dungan tract a distance of 129 99 feet to a found axle for the Northeast Corner of the Briggs tract and the Southeast Corner of the Dungan Tract, THENCE South 00 Degrees 55 Minutes 12 Seconds West along a fence with an East line of the said Briggs tract a distance of 39 75 feet to a steel fence corner post in the North line of the tract described in the Deed from It 0 Clark et ux to Howard Davis at ux recorded in Volume 346, Page 278 of the said Deed Records, THENCE South 89 Degrees 37 Minutes 51 Seconds West along a fence with the monumented and occupied North line of the said Davis Tract a distance of 14 78 feet to an iron rod found at the Northwest corner thereof, THENCE South 00 Degrees 24 Minutes 48 Seconds West with the West line of the said Davis Tract a distance of 193 94 feet to a corner in the North line of University Drive, from which an iron rod found bears South 00 Degrees 24 Minutes 48 Seconds West a distance of 0 90 feet, THENCE South 89 Degrees 32 Minutes 40 Seconds West with the North line of University Drive, 40 feet North of and parallel to the center line thereof, a distance of 114 96 feet to the PLACE OF BEGINNING and enclosing 0 6309 acres of land JD44/93057