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1999-204AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO OFFICE CONDITIONED (O[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1 774 ACRES OF LAND LOCATED IN THE O S, BREWSTER SURVEY (ABSTRACT 56) WEST SIDE OF BONNIE BRAE STREET APPROXIMATELY 600 FEET NORTH OF WILLOWOOD STREET, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-032) WHEREAS, the L~berty Christian School initiated a change m zomng for 1 774 acres of land from Agricultural (A) zomng d~stnct classfficaUon and use des~gnaUon to Office Condmoned (O[c]) zoning d~smct classfficatlon and use designation, and WHEREAS, on May 12, 1999, the Planmng and Zomng Commms~on recommended approval of the requested change ~n zoning, and WHEREAS, the City Council finds that the change m zoning wall be in comphance wxth the 1988 Denton Development Plan and the 1998 Denton Plan Pohmes, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the zomng thstnct classification and use des~gnatmn of the 1 774 acre property described m the legal descnptmn attached hereto and ~ncorporated herein as Exhibit "A" ~s changed from an Agncultural (A) zoning district classification and use designation to Office Conditioned (O[c]) zoning d~stnct classfficaUon and use designation under the comprehensive zomng ordmance of the C~ty of Denton, Texas, subject to the following conditions 1 Prohibited Uses The uses described ~n Exhibit "B" shall be prohibited from the zomng classfficatlon and land use designation 2 Buffer Yard. A buffer yard of not less than ten feet ~n width shall be maintained along the southern boundary to ~nclude · A sohd screen of not less than s~x (6) feet, and · Four (4) trees from the large and medium s~ze tree list from the C~ty's Landscape Ordinance for every one hundred (100) feet of boundary, and · Four (4) trees from the small s~ze tree hst from the City's Landscape Ordinance for every one hundred (100) feet of boundary 3 Lighting. L~ghtmg on the property should be designed and malntmned so as not to sh~ne on,or otherwise disturb, surrounding resldentml property or to shine and project upward to prevent the diffusion ~nto the mght sky 4 Sidewalks The ex~mng sidewalk along Bonme Brae shall be extended across the entire frontage of the subject parcel SECTION II That the C~ty's offimal zoning map ~s amended to show the change m zomng dastnct classification SECTION III That any person v~olat~ng any prows~on of th~s ordinance shall, upon conwct~on, be fined a sum not exceeding $2,000 00 Each day that a provision ofth~s ordinance is violated shall constitute a separate and dmtmct offense SECTION IV That th~s ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary ~s hereby directed to cause the caption of th~s ordinance to be pubhshed twice in the Denton Record-Chronicle, a dmly newspaper pubhshed in the City of Denton, Texas, w~th~n ten (10) days of the date of its passage PASSED AND APPROVED tlus the /~-'~'~'__ day of ~"'~/~t'L~ . 1999 JAC~ s ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 EXHIBIT A FIELD NOTES I 774 ACRES BEING all that certain lot, tract, or parcel of land s~tuated ~n the O S Brewster Survey Abstract Number 56, ~n the City of Denton, Denton County, Texas, being all that certain tract of land conveyed by deed from Dwa~n Bean et ux toTracy J Norwood et ux recorded under Clerk's F~le Number 94-R0062243, Real Property Records, Denton County, Texas and being more particularly described as follows BEGINNING at an ~ron rod for corner ~n the west I~ne of South Bonme Brae, a public roadway, sa~d point being the southeast corner of Liberty Chrmt~an School Addition, an addition to the C~ty of Denton, Denton County, Texas according to the plat thereof recorded ~n Cablne M, Page 37, Plat Records, Denton County, Texas, THENCE S 01° 01' 27" E, 144 10 feet w~th sa~d wast line of sa~d South Bonnie Brae tO an ~ron rod for corner, sa~d bo~nt being the northeast corner of that certain tract of land recorded ~n Volume 447, Page 220, Deed Records, Denton County, Texas, THENCE N 89° 42' 55" W, 150 73 feet to an ~ron rod for corner, THENCE S 01 ° 14' 00" E, 45 18 feet to a fence corner for corner, sa~d point being the northeast corner of that certain tract of land recorded ~n Volume 526, Page 564, Deed Records, Denton County, Texas, THENCE S 88° 14' 14" W, 249 80 feet to an iron rod for corner m the east line of the Atchmon, Texas and Santa Fe Railroad right-of-way, THENCE N 15° 52' 54" W, 212 03 feet vzth sa~d east I~ne of said A T and S F RR nght-of-way to an ~ron rod for corner, sa~d point being the southwest corner of sa~d L~berty Christian School Addition, THENCE N 89° 54' 37" E, 304 74 feet w~th the south I~ne of sa~d L~berty Chnst~an School Addition to an ~ron rod for corner, THENCE S 00° 25' 06" E, 7 75 feet ~.th the south I~ne of sa~d L~berty Chnshan School Addition to an iron rod for corner, THENCE S 89°48' 53" E, 150 09 feet w~th the south hne of said bberty Chnst~an School Add~bon to the PLACE OF BEGINNING and contalmng 1 774 acres of land EXHIBIT B Prohibited Uses Z-99-032 Commum~ Unit DeYelopment Dormitory, Boardin~ or RoomJntJ House ,Hotel er Motel Art Gallery or Museum Commundy Center (Publt0) HallWay House Hospitad (Genera] Acute Ca,e) rlospita~ (Chronio Care) Publio Ubrary _ Nursing Home or Residence Home for Aged 8ohoo~,, Busim~$ or Trade , Gommunib' Center (PrfncaCe) Off Street Remote Pa~inil Sewage P, mping Station Telepho, e. B,~lr.~ss Office Swim or Tennla Offices, Professional and Admimstrative Studio for Photographer, Muslolan, Artist or Animal clinic or Hospi~aJ (No outside runs or peps) Farm Or RanCh CemeteW or Ma~l~Olellm Fraternity, Sororfty, Lod&~e or Giw~ Home for Care o! Alcoholic, Narcol~ or P,=ychlatrto Patients Publto Buildllzg, Shop, Yard of I.~ca], State, or Federal Government Radio and/or Television Mk~rowave Tower Water Treatment P~md Airport I andlng Field or Heliport Commercial Parkin~ Lot m' 8trn~ure Cafeteria Mortuary or Funeral Parlor ~Je~tH1c or Research La~ora]orles 18.