1999-020 O INANCE NO q 9-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM
A PLANNED DEVELOPMENT ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO OFFICE CONDITIONED (O[C]) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION FOR A PORTION OF PLANNED DEVELOPMENT NO 6 (PD-6)
BEING 1 501 ACRES OF LAND LOCATED ON THE NORTH SIDE OF SAN JACINTO BLVD,
APPROXIMATELY 316 FEET EAST OF PINEY CREEK BLVD, PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Joseph Moskowltz, on behalf of Golden Triangle Joint Venture, has applied for
a change In zoning for 1 501 acres of land from a portion of Planned Development (PD-6) zoning
district claaslficatlon and use desxgnatlon to Office Condltloned(O[c]) zomng district classification
and use designation, and
WHEREAS, on December 2, 1998, the Planning and Zomng Commission recommended
approval of the requested change in zomng with conditions, and
WHEREAS, the City Council finds that the change in zoning will be in comphance w~th the
1988 Denton Development Plan and the 1998 Denton Plan Policies, NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the zoning district classification and use designation of the 1 501 acre
property described in the legal description attached hereto and incorporated herein as Exhibit A is
changed from Planned Development (PD-6) zomng district classification and use designation to
Office Conditioned (O[c]) zomng district classfficatlon and use deslgnatmn under the comprehensive
zomng ordinance of the City of Denton, Texas
T~~ That the use of the property shall be subJeCt to the following conditions
1 Lighting on the property shall be designed and malntaaned so as not to slune
on, or otherwise disturb, adjoining property or to shine and project upward
to prevent the diffusion into the mght sky
2 A buffer yard shall be provided, havang a mlmmum w~dth of 15 feet with
canopy trees every 20 feet and hawng 1 5 understory trees for every canopy
tree, along the northem boundary between the subject s~te and the adJacent
single family residentially zoned tracts
~ That the City's offimal zomng map is amended to show the change in zoning
district classification
~ 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 th~s ordinance is
violated shall constitute a separate and distract offense
~ That this ordinance shall become effective fourteen (14) days from the date
of ars passage, and the City Secretary is hereby Erected to cause the caption of this ordinance to be
published twice m the Denton Record-Chromcle, a daffy newspaper published m the City of Denton,
Texas, within ten (10) days of the date of its passage
~ That Planned Development 6, as amended, shall remain ~n full force and
effect, save and except as amended by fins Ordinance
PASSED AND APPROVED thls the /~)~q~ dayof ~~/~ ,
1999 ff
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
1 501 ACRES
FIELD NOTES to all that certs~n tract of land situated ~n the R H Hopkins Survey, Abstract Number 1694 ~n the
C~y and County of Denton, Texas and being a part of the called 27 3495 acre, Commercial Tract 2, described
~n the deed from Herbert D Weitzman to Golden Triangle Joint Venture recorded in Volume 986 Page 937 of
the Deed Records of Denton County, Texas, the subject tract being more pa~cularly described as follows,
BEGINNING for the Southwest corner of the tract being described herein at a capped ~ron rod set In the
Northwesterly line of San Jaclnto Boulevard for the Southeast corner of Lot 1 Block A of Township II, 2nd
installment, an addition in said City, according to the Plat thereof recorded in Cabinet E Page 220 Plat Records,
THENCE North 27 Degrees 22 Minutes 00 Seconds West w~h the Easterly I~ne of said Lot 1 a d~stance of
300 00 feet to a capped iron rod set for the Northeast Corner of sa~d Lot 1 in the Northerly I~ne of sa~d 27 3495
acres and being in the South line of Clermont Lane, as shown on the Plat of Villas of Piney Creek Phase 1, an
addition in said City, according to the Plat thereof recorded m Cabinet M Page 304 Plat Records,
THENCE North 62 Degrees $8 Minutes 00 Seconds East with the South I~ne thereof and the North line of said
27 3495 acres a distance of 218 00 feet to a capped Iron rod set for the Northeast Corner of the here~n
described tract,
THENCE South 27 Degrees 22 Minutes 00 Seconds East a distance of 300 00 feet to a capped iron rod set
m the South line of said 27 3495 acres and the North line of said Boulevard,
THENCE South 62 Degrees 38 Minutes 00 Seconds West with sad I~ne a distance of 218 00 feet to the PLACE
OF BEGINNING and enclosing 1 501 acres of land
These F~el~l Notes with the accompanying sketch were prepared from an on-the-ground survey made under
my d~rect~on and supervision on August 12, 1998 There are no wslble or apparent intrusions, protrusions or
easements except as shown
M~chael J Kern RPLS No 4158 Date
NOTE, Onlythe following easements, restrictions, and declarations supplied to me have been rewewed and
are addressed as follows, Vol 1081 Pg 386, amended In Vol 1119 Pg 342 do affect this tract, Vol 454 Pg 217
Vol 454 Pg 224 do not affect this tract, and subject to Vol 4087 Pg 7
FLOOD STATEMENT, I have examined the FEMA Flood Insurance Rate Map for the C~ of Denton,
Community No 480194, effective date April 2, 1997 and that map indicates that th~s property ~s not w~thm an
~dentified flood zone ss shown on Panel 380E of said map (Non shaded zone x)
CERTIFICATION This survey was performed In connection with the transaction described In GF No 101622
I hereby certify that I have conducted an accurate on the ground survey of the premises depicted hereon and
descnbed ~n the legal descrip'don attached hereto and that the findings and results of said survey are true and
correct to the best of my knowledge and belief and that the size, type and location of the permanent
~mprovements are as shown and that said survey correctly shows the subject premiss according to the
description of record, and that except as shown there are no visible encroachments, ws~ble overlaps visible
conflicts or visible protrusions
NOTE Utititles shown hereon are taken from City of Denton utility plans only