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2000-062 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE CONDITIONS OF ORDINANCE 96-187 WHICH ESTABLISHED AN OFFICE (O[C]) CONDITIONED ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0 456 ACRES OF LAND BEING LOT 10R IN BLOCK 1, OF THE J W ERWIN SUBDIVISION LOCATED ON THE WEST SIDE OF LILLIAN MILLER PARKWAY APPROXIMATELY 500 FEET SOUTH OF 1-35E, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-071) WHEREAS, Landmark Surveyors, Inc, on behalf of Dr Scott Llpscomb D D S, has apphed for an amendment to the conditions of Ordinance 96-187, which established a Office Conditioned (O[c]) zoning chsmct classification and use designation for 0 456 acres of land, and WHEREAS, on November 2, 1999, the Planning and Zoning Commission recommended approval of the requested change m conditions of Ordinance 96-128, and WHEREAS, the City Council finds that the change in conditions of Ordinance 96-128 will be in comphance w~th the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS T~ That the conditions of Ordinance 96-187 (Exhibit A), whmh estabhshed an Office Condltaoned (O[c]) zoning district classlficatmn and use designation for the subject 0 456 acre property, described in the site plan attached hereto and incorporated herein as Lot 10R in Block 1, of the J W Erwm Subdlwsion 1 are amended under the comprehensive zoning orchnance of the City of Denton, Texas, as follows 1 Condition No 5 of Ordinance No 96-187 shall be amended to read, "The owner of the property shall mmntmn all trees larger than two inches (2") in diameter which are located wtthm ten feet (10') of any property line abutting residentially zoned property, unless such trees would interfere with any fence requirements" 2 Condition No 8 of Ordinance No 96-187 shall be amended to read, "A "bufferyard" meastmng fifteen feet (15) wide, and comprising four (4) canopy and eight (8) understory trees per each one hundred linear feet (100') shall be installed along all property lines abutting residentially zoned property" 3 C0ndatlon No 13 of Ordinance No 96-187 shall be amended to read "A nummum eight-foot (8') tall solid fence shall be erected and maintained along the borders of all resldenUally zoned property" SECTION 2 That the City's offic;al zomng map ;s amended to show the change in zoning d;stnct classfficaUon SECTION 3 That the prov;slons of th;s ordinance shall govern and control over any conflicting provlmons of Ordinance 96-128, but all provisions of Ordinance 96-128 as they apply to the remamng port;on of the zomng dlsmct land use regulations not hereto amended, shall cont;nue m full force and effect SECTION 4 That a copy ofth;s ordinance shall be attached to Ord;nance 96-128 showing the amendments herein approved SECTION 5 That any person molat;ng any provision of this ordinance shall, upon convmt;on, be fined a sum not exceeding $2,000 00 Each day that a provlmon of this ord;nance is vmlated shall constitute a separate and d;stmct offense SECTION 6 That th;s orthnance shall become effect;ve fourteen (14) days from the date of;ts passage, and the City Secretary ;s hereby directed to cause the eapt;on ofth;s ordinance to be pubhshed twine ;n the Denton Record-Chromcle, a dmly newspaper pubhshed in the C;ty of Denton, Texas, w;thm ten (10) days of the date of~ts passage PASSED AND APPROVED th;s the /.ff~t/)dayo` ~-~xSt~'~ ,2000 JA~ILI~ER~ MAYOR ATTEST, 3ENNIFER WALTERS, CITY SECRETARY A~OVED AS TO LEGAL FORM Page 2 of 2 ze~oovc o~o ~ EXHIBIT A ~,- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY 16 (SF-16) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED (O[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2.6662 ACRES OF LAND LOCATED ON THE WEST SIDE OF LILLIAN MILLER PARKWAY APPROXI- MATELY 500 FEET SOUTH OF 1-35E; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. Rob Rayner, on behalf of First State Bank of Denton, initiated a change in zoning for 2.6662 acres of land from the Single Family 16 (SF-16) zoning district classification and use designation to the Office Conditioned (O[c]) zoning district classification and use designation; and WHEREAS, on April 24, 1996, the Plaru%i~g and Zoning Commission recommended approval of a change from the Single Family 16 (SF~16) zoning district and use classification to the Offlce Conditioned (O[c]) zoning district and use classification; and WHEREAS, on June 18, 1996, the Council of the City of Denton, Texas considered the rezoning application and voted 4-3 in favor of the rezoning, believing at the time that a ma]ority vote was sufficient; and WHEREAS, it was subsequently discovered that a superma3orlty vote was necessary to effectuate the rezoning, by virtue of the fact that the owners of at least 20% of the land within 200 feet of the subject property were opposed; and WHEREAS,.on July 10, 1996, a majority of the Planning & Zoning Commissioners in attendance gave informal direction to City staff to waive any subsequent zoning application fee on the subject property; and WHEREAS, On July 11, 1996, Mr. Robert Rayner submitted a new petition to rezone the subject property, requesting rezoning to a conditioned zoning district which was more restrictive than the petition considered on June 18, 1996; and WHEREAS, on July 12, 1996, notice was sent pursuant to State law for a second rezoning case on the subject property, similar to the first; and WHEREAS, on July 24, 1996, the Planning & Zoning Commission of the City of Denton, Texas'voted to allow the City's application of this second rezoning on the property in the public interest, and without fee, pursuant to §3~-?(a) of the Code of Ordinances of the City of Denton, Texas, so that the original applicant would not be called upon to pay a second application fee in this matter, and so that the ~ezoning effort would not be barred by §35-7(b) (6) of the Code of Ordinances of the City of Denton, Texas, which prohibits reconsideration of a denied zoning application within twelve months of the denial, absent a finding of changed circumstances in the neighborhood, or a finding that the reconsideration was for a more restrictive zoning classification~ and WHEREAS, on July 24, 1996, the Planning and Zoning Commission recommended approval of a change requested in the subsequent peti- tion, from the Single Family 16 (SF-16) zoning district and use classification to the Office Conditioned (O[c]) zoning district and use classification~ and WHEREAS, the owner of the property and a designated represen- tative of the neighborhood settled upon a set of conditions agreeable to the owner and the surrounding neighbors, and have indicated their concurrence with the rezoning herein proposed~ and WHEREAS, a new set of proposed conditions reviewed by the owner and the neighborhood representative was reviewed by the Planning staff, and found to be in compliance with the Denton Development Plant and WHEREAS, the newly proposed conditions included at least one condition which was deemed to be less restrictive than those which were previously noticed for public hearing and considered by the Denton Planning & Zoning Commission on July 24, 1996; and WHEREAS, on August 14, 1996, the Planning & Zoning Commission · nd~cated its ongoing approval of City's sponsorship of a third rezoning proposal, in the public interest and without fee, pursuant to §35-7(a) of the Code of Ordinances of the City of Denton, Texas, and WHEP. EAS, on August 16, 1996, notice of an August 28, 1996 public hearing before the Planning & Zoning Commission was sent to all owners of real property within 200' of the subject property~ and WHEREAS, the Planning & Zoning Commission reconsidered zoning under the newly proposed conditions on August 28, 1996, and voted to recommend approval of same to the City Council~ and WHEp~AS, the City Council now finds that it would have postponed the June 18, 1996 vote on the rezoning to allow time to clear up the uncertainty surrounding the majority requirements prior to voting~ and WHEP. EAS, the City Council further finds that the withdrawal of the zoning protest of Mitchell Vexler on three lots within 200 feet PAGE 2 of the subject property, as well as the apparent resolution of conflicts 'between the owner and the surrounding neighborhood, constitutes a substantial change in the conditions surrounding the area to be rezoned, that would have warranted reconsideration of the original rezoning request~ and WHEREAS, the City Council further finds that due to the confu- sion surrounding the initial vote concerning the percentage of land owners protesting the rezoning, and the fact that the City Council anticipates that the chapter of the Code of Ordinances applicable to zoning will be shortly amended to allow zoning reapplications similar to this without the necessity of a waiting period, that a variance from the waiting period should be granted~ and WHEREAS, the City Council finds that the proposed Office Conditioned zoning would provide a smoother transition between adjacent properties zoned for residential and commercial uses WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plant NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS. ~_~. That the zoning district classification and use designation of the 2.6662 acres of land described in Exhibit 1, ~s changed from the Single-Family 16 (SF-16) zoning district classlfl- cation and use designation to the Office Conditioned (O[c]) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions= 1. That the uses described in the list attached hereto and incQr~orated herein by reference as Exhibit 2, shall be prohibited within this district, in addition to those ordinarily prohibited by the Office classification, or any other condition listed herein. 2. That the total floor area for all buildings constructed on the 2.6662 acres shall not exceed 30,000 square feet. 3. That no loading docks shall be permitted. 4. That the exterior walls of all buildings shall be constructed of brick or brick veneer. 5. The owner of the property shall maintain all trees larger than two inches (2") in diameter which are located within ten feet (10') of any property line, other than a property line fronting Lillian Miller Parkway, unless such trees would interfere with any required fence. PAGE 6. No "off-premise" signs (as definedbySection 33-2 of the 'Code of Ordinances of the City of Denton, or its succes- sor) shall be permitted. 7 No direct off-site lighting shall be permitted 8. A "bufferyard" measuring fifteen feet (15') wide, and comprising four (4) canopy and eight (8) understorytrees per each one hundred linear feet (100'), shall be in- stalled along the western and southern property lines of the acreage described in Exhibit 1. 9. There shall be no second story windows allowed on any western-facing facades of any building, nor any second story windows on any southern-facing facade within 150' of the southern property line, on the acreage described in Exhibit 1. 10. Maximum building height shall n6t exceed two (2) stories, however, no more than ten thousand square feet (10,000 ft.~), in the aggregate, may be located on the second stories of all the two-story buildings. 11 No individual building may exceed 7,500 square feet in floor area. 12 All buildings must have pitched roofs, and no roof surface may have a slope of less than 30%. 13. A minimum eight-foot (8') tall solid fence shall be erected and maintained on the western and southern borders of the property described in Exhibit 1. SECTION SI. That the City's official zoning map is amended to show the:change in zoning district classification. SECTION III, That the provisions of §35-7(6) of the Code of Ordinances of the City of Denton, to the extent that they would impede any reconsideration of a rezoning on the subject property within 12 months of the initial consideration, are hereby varied and superseded for the limited purposes of this rezonlng. ~. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. 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 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 PAGE 4 published,twice in the Denton Record-Chronicle, a daily newspaper published 'in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the ~__~day of~ 1996. ATTEST. JENNIFER WALTERS, CITY SECRETARY PAGE 5 Bj'r J = DESCRIPTION OF 2.6662 ACRES IN THE JOHN McGOWEN SURVEY, ABSTRACT NUMBER ~97, CITY AND COUNTY OF DENTON, TEXAS. ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE JOHN Mc~OWEN SURVEY, ABSTRACT ~UMBER 797, CITY AND COUNTY OF DENTON, TEXAS, BEING ALL OF LOTS 6, 7 AND ERWlN SUBDIVISION, AN ADDITION TO THE CITY OF DENTON, TEXAS ACCORDIN~ TO THE PLAT THEREOF RECORDED IN VOLUME 337, PACE $~0, DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT TEE NORTHEAST CORNER OF SAID LOT 6 WHICH IS THE SOUTHEAST CORNER OF LOT 3R, BLOCK 1, J. W. ERWIN SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN CABINET E, PAGE 96, PLAT RECORDS OF DENTON COUNTY, TEXAS, AND IN THE WEST RIGHT OF WAY OF LILLIAN MILLER PARKWAY~ THENCE SOUTH O0 DEGREES 05 MINUTES 14 SECONDS EAST ALONG THE WEST RIGHT OF WAY OF LILLIAN MILLER PARKNAY'A DISTANCE OF 449.32 FEET TO THE SOUTHEAST CORNER OF SAID LOT 8, BLOCK 1, AND THE NORTHEAST CORNER OF A CALLED 5.1649 ACRE TRACT, TRACT 1, AS DESCRIIBED IN A DEED FROM, TERI TAYLOR COMPANIES, INC., TO MAVEX 9, INC., ON TEE 2STH DAY OF DECEMBER 1992, AND RECORDED IN VOLUME 3417, PACE 0001, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; THENCE NORTH 89 DEGREES 24 MINUTES 08 SECONDS WEST ALONG THE SOUTH BOUNDARY LINE OF SAID LOT 8 AND THE NORTH BOUNDARY LINE OF SAID MAVEX 9, INC. TRACT, A DISTANCE OF 258.44 FEET TO THE SOUTHEAST CORNER OF CONWAY STREET IN THE NORTH BOUNDARY LINE OF LOT 11, BLOCK A, THE RIDGE OF SOUTHRIDOE, AN ADDITION TO THE CITY OF DENTON, ACCORDING TO THE PLAT THEREOF AS RECORDED Iii CABINET D, PAGE 330, PLAT RECORDS OF DENTON COUNTY, TEXAS; THENCE NORTH 00 DEGREES 05 MINUTES 42 SECONDS WEST ALONG THE EAST RIGHT OF WAY OF CONNAY STREET A DISTANCE OF 449.39 FEET TO THE NORTHWEST CORNER OF SAID LOT $ AND THE SOUTHWEST CORNER OF SAID LOT THENCE SOUTH 89 DEGREES 23 MINUTES 09 SECONDS EAST ALONG THE SOUTH BOUNDARY LINE OF SAID LOT 3R A DISTA~ICE OF 258.50 FEET TO THE POINT OF BEGINNING AND CONTAINI~IG 2.6662 ACRES OF LAND. EXHIBIT 2 LIST OF PROHIBITED USES Z-~6-007C One Fan~ly Dwelling Restricted Commun~y Unit Devalopmant Dormitory, Boarding or Rooming House Hotel or Motel Church or Rectory Community Center (public) Day Nursery or Kindergarten School group Homes Halfway House Hospital (General Acute Care) Hospital (Chronlo Care) Institutions of Religious or Phllanthroplo Nature Monastery or Convent Nursing Home or Residence Home for Aged Occasional Bales Park, Playground or Public Community Center School, Private Prima7 or Se~ondmy School, Public or Denominational Accessory Building Community Center (private) Electrical Substation Electrical Transmission Uno Temporary Reid er Construction Office (subject to approval and control by Building Inspector) Fire Station or Blmlfat Public Safety Building Gas Transmission Uno and Metering Station Home Occupation Off Street Remote Parring Sewage Pumping Station Private Swimming Pool Telephone Uno & F. xohange Switohlng or Relay Station Water Reservoir, Water Pumping Station or Well Country Club (private) with Golf Course Publf~ Golf Course Public Park or Playgrour~d Pubhc Play Reld or 8tedium Swim or Tennis Club Railroad Track or Right-of-Way Animal Cllnlo or Hospital (no, outside runs or pens) Farm or Rar~h Cemetery or Mkusoleum Fraternity, Soron'ty, Lodge or Oivk= Club Home for Cate of Alcoholic, Naroo~ or Psychiatric Patients Publle Building,, Shop, Yard of Local, State of Federal Government Radio and/or Television Microwave Tower Water Treatment Plant Airport landing Reid or Heliport Commercial Paddng Lot or Structure Calateda Mortuary or Funeral Parlor Restaurant