2001-024 ORDINANCE NO ~Tt~O/- ~)o~¢
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A ZONING
PLAN AND ZONING CHANGE FOR 1 96 ACRES LOCATED WITHIN A
AGRICULTURAL (A) ZONING DISTRICT, TO CHANGE TO AN OFFICE (O) DISTRICT,,
THE SUBJECT PROPERTY BEING LOCATED BETWEEN HELM STREET AND
TEASLEY LANE, APPROXIMATELY 1,400 FEET SOUTH OF BENT OAKS DRIVE,
PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY IN THE
MAXIMUM )aMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING
FOR AN EFFECTIVE DATE (ZP-00-016)
WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-069 which
established certain nonresidential interim regulations (the "Nonresidential Interim Regulations"),
WHEREAS, the Nonresidential Interim Regulations established, among other things, a
Zoning Plan reqmrement in the event of a request to rezone property, and
WHEREAS, Surveyors & Engineers of North Texas, on behalf of Dr & Mrs Patrick
Ruehle applied for a change in zoning for 1 96 acres of land particularly described in Exbablt
"A" attached hereto (the "Property"), from Agricultural (A) zoning district classification and
land use designation to Office (O) zomng district classification, along with a Zomng Plan for this
property under the Nonresidential Interim Regulations, a copy of which is attached hereto as
Exhibit "B" (the Zoning Plan"), and
WHEREAS, on December 6, 2000, the Planning and Zoning Commission recommended
approval of the ~.equested change m zomng and the submitted Zoning Plan, and
WHEREAS, the City Council finds that the Zomng Plan, with the conditions imposed
herein, meets the requirements of the Nonresidential Interim Regulations and is consistent with
the approved 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The zomng district classification and land use designation of the Property
is changed from Agricultural (A) zomng district classification and land use designation to Office
(O) zomng district classification and land use designation under the comprehensive zoning
ordinance of the City of Denton, Texas The Zoning Plan and stud change in zoning are hereby
approved, subject to the following conditions
1 Lighting on the Property shall be designed and installed so as not to shine onto
adjacent properties Landscaping, grading and/or fencing shall be used so as not to
allow the headlights from automobiles entering, exiting or parking to shine onto
adjacent properties
2 To hmlt traffic, the total floor area for the Property shall not exceed 10,000 square
feet
3 A Traffic Impact Analysis shall be requared when the overall square footage of
structures increases by 5000 square feet
4 The Property may only be developed m accordance w~th the Zoning Plan
$ S~gns shall be limited to one monument s~gn
SECTION 2 The C~ty's offieml zomng map ~s amended to show the change in zomng
district classification
SECTION 3 If any prov~smns or the apphcatmn thereof to any person or c~rcumstance is
held mvahd by any court, such mvahdity shall not affect the vahd~ty of other prov~smns or
apphcatmns, and to th~s end the prows~ons of th~s ordinance are severable
SECTION 4 Any person violating any prowsion of th~s ordinance shall, upon
conviction, be fined a sum not exceeding $2,000 00 Each day that a prowslon of this ordinance
is wolated shall constitute a separate and distract offense
SECTION 5 Tlus ordinance shall become effective fourteen (14) days from the date of
its passage, and the C~ty Secretary ~s hereby directed to cause the captmn of this ordinance to bc
pubhshed twice in the Denton Record Chronicle, officml newspaper of the City of Denton,
Texas, wlthrn ten (10) days of the date or,ts passage
, o01
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
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(~ PAGE 2
EXHIBIT
All that certain tract of land situated in the J Fisher Survey Abstract Number 421, Denton County, Texas
and being all of the called 0 707 acre Tract 1 and all of the called 1 247 acre Tract 2 described m the deed
from Jeffrey A Gutknecht et ux to Charles N~zlolek et ux recorded ~n Volume 3155, Page 552 of the Real
Property Records of Denton County, Texas, the subject tract being more pamcularly described as follows
BEGINNING for the Southeast comer of the tract being described hereto, at a 1/2 tach ~ron rod found at the
Southeast comer of the smd 1 247 acre Tract 2 and the Northeast comer of the called 0 555 acre tract
described m the deed from Maude Newman to Ken Ballard recorded m Volume 963, Page 953 of the Deed
Records of Denton County, Texas on the West right-of-way of F M H~ghway 2151,
THENCE South 65 Degrees 01 Minutes 20 Seconds West along a 4 foot pmket fence w~th the South line of
the 1 247 acre Tract 2 and the North line of the said 0 555 acre tract a distance of 21M 63 feet to a 3/8 tach
~ron rod found at the Northwest comer thereof, a sahent comer of the 1 247 acre Tract 2 and a salient
comer of the called 0 522 acre tract described m the deed from Tommy G Henderson et ux to Kenneth
Ballard et ux recorded m Volume 768, Page 706 of the said Deed Records,
THENCE North 25 Degrees 17 Minutes 27 Seconds West wtth the common line between the 1 247 acre
Tract 2 and the sa~d 0 522 acre tract a d~stance of 44 12 feet to a 1/2 tach iron rod found at the Northeast
comer thereof and a reentrant comer of the 1 247 acre Tract 2,
THENCE South 64 Degrees 40 Minutes 12 Seconds West along a fence with the South line of the 1 247
acre Tract 2 and the North line of the 0 522 acre tract passing the Northwest comer thereof and the
Southwest comer of the 1 247 acre Tract 2 also being the Southeast comer of the satd 0 707 acre Tract 1
and tho Northeast comer of the called 0 504 acre tract described m the deed from Maude Newman to
Kenneth Ballard et ux recorded m Volume 963, Page 953 of the smd Deed Records and continuing, m all a
total d~stance of 393 84 feet to a 1/2 tach ~ron rod set at the Northwest comer thereof and the Southwest
comer of the 0 707 acre Tract 1 m a gravel Road,
THENCE North 00 Degrees 59 Minutes 10 Seconds West along the gravel road wlth the West line of the
0 707 acre Tract 1 a distance of 211 03 feet to 1/2 tach iron rod set for the Northwest comer thereof,
THENCE North 77 Degrees 59 Minutes 25 Seconds East along a fence with the North line the 0 707 acre
Tract passing the Northeast comer thereof and the Northwest comer of the 1 247 acre Tract 2 and
continuing, m all, a total thstance of 507 50 feet to a 1/2 inch ~ron rod set for the Northeast comer thereof
on the West right-of-way off M H~ghway 2151,
THENCE South 33 Degrees 35 Minutes 57 Seconds East w~th the East line of the 1 247 acre Tract 2 and
the West right-of-way of the F M H~ghway 2151 a distance of 12200 feet to the PLACE OF
BEGIiqNING and enclosing 1 96 acres of land