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
EXHIBIT A
FIELD NOTES TO 0 4128 ACRES IN THE B B B AND C R R COMPANY
SURVEY ABSTRACT NUMBER 185 CITY AND COUNTY OF DENTON, TEXAS
ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE B.B B.
AND C R R COMPANY SURVEY ABSTRACT NUMBER 185, CITY AND COUNTY OF
DENTON, TEXAS, AND BEING PART OF LOTS 2, 3, 4, 5, AND 6, BLOCK B
OF SCHMITZ AND RIPY'S ADDITION AN ADDITION TO THE CITY OF DENTON,
DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 85, PAGE 270, DEED RECORDS OF DENTON COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT A STEEL PIN AT THE NORTHWEST CORNER OF SAID LOT 6,
BLOCK 5, SAID CORNER BEING AT THE INTERSECTION OF THE SOUTH LINE
OF SCHMITZ STREET WITH THE EAST LINE OF BELL AVE ;
THENCE NORTH 89 DEGREES 59 MINUTES 00 SECONDS EAST WITH THE SOUTH
LINE OF SAID SCHMITZ STREET A DISTANCE OF 210.00 FEET TO A STEEL
PIN FOR CORNER;
THENCE SOUTH A DISTANCE OF 65 47 FEET TO A STEEL PIN FOR CORNER;
THENCE SOUTH 89 DEGREES 41 MINUTES 00 SECONDS WEST A DISTANCE OF
40 00 FEET TO A STEEL PIN FOR CORNER,
THENCE SOUTH WITH A FENCE PART OF THE WAY A DISTANCE OF 25 00
FEET TO A FENCE CORNER POST FOR CORNER;
THENCE NORTH 89 DEGREES 47 MINUTES 00 SECONDS WEST WITH A FENCE
PART OF THE WAY A DISTANCE OF 170.00 FEET TO A STEEL PIN ON THE
SVEST LINE OF SAID LOT 6, AND ON THE EAST LINE OF SAID BELL AVE;
THENCE NORTH WITH THE WEST LINE OF SAID LOT 6, AND WITH THE EAST
LINE OF SAID BELL STREET AVE A DISTANCE OF 90 00 FEET TO THE
POINT OF BEGINNING CONTAINING 0.4128 ACRES OF LAND
EXHIBIT B
LIST OF PERMITTED USES
Commercial (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