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