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1999-242S \Our Docum~nts\Ordmances\99~Z 99 038 2 Ordinance doc AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE CONDITIONS OF ORDiNANCE 98-255 WHICH ESTABLISHED AN OFFICE (O[C]) CONDITIONED ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1 831 ACRES OF LAND LOCATED ON THE EAST SIDE OF TEASLEY LANE, SOUTH OF BENT OAKS DRIVE, 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-99-038) WHEREAS, Dr Granville Wright, on behalf of Mr and Mrs H~gglns, has apphed for an amendment to the conditions of Ordinance 98-255, which established a Condmoned Office (o[c]) zoning d~stnct classification and use designation for 1 831 acres of land, and WHEREAS, on June 9, 1999, the Planmng and Zomng Commission recommended approval of the requested change m eondmons of Ordmanee 98-255, and WHEREAS, the C~ty Council finds that the change ~n condmons of Orthnance 98-255 will be in comphanee 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 SECTION 1 That the condxtlons of Ordinance 98-255, which estabhshed a Office Conditioned (O[e]) zoning dxstnct elass~fieanon and use designation for the subject 1 831 acre property, described an the legal descrlptaon attached hereto and incorporated hereto as Exhlblt A are amended under the comprehensive zoning ordinance of the City of Denton, Texas, as follows 1 A new Exhlbat "B", which is attached hereto and incorporated herein by reference, ~s substituted for the old Exbablt "B", referenced in paragraph 1 of Secnon I of Orchnance 98- 255, and allows two addatlonal land uses 2 That an addmon to the door sxgns referenced in paragraph 5 of Secnon I of Orchnance 98-255, additional signs and regulations hsted below are allowed A Wall Stgns One wall s~gn shall be allowed on a building However, no wall s~gn shall be greater than thirty-two (32) square fee in total area B Monument &gns One monument s~gn per lot The maximum height for monument signs is six (6) feet with a maximum size of sixty (60) square feet 3 In adtht~on to the "bufferyard" referenced m paragraph 7 of Sectxon I of Ordinance 98-255, the following "bufferyard" may be used as an alternative along the eastern property line abutting residential lots A "bufferyard" measuring ten (10)feet wtde, compnstng of four (4) canopy and etght (8) understory trees per each hundred (100) hnear feet, and a sohd masonry or masonry-hke fence that ts at least stx (6)feet tn hetght may be tnstalled along the east proper~y hne abutting restdenttal lots SECTION 2 That the Caty's official zoning map as amended to show the change In zoning &smct classfficataon SECTION 3 That the provaslons of this ordinance shall govern and control over any conflmtlng provamons of Ordanance 98-255, but all provisions of Ordanance 98-255 as they apply to the remmmng port~on of the zoning dastnct land use regulations not herean amended, shall contanue m full force and effect SECTION 4 That a copy ofth~s ordanance shall be attached to Or&nance 98-255 showing the amendments hereto approved SECTION 5 That any person wolat~ng any prows~on of thas ordinance shall, upon conwctaon, be fined a sum not exceechng $2,000 00 Each day that a provlmon ofth~s ordinance ~s wolated shall constitute a separate and d~stmct offense SECTION 6. That thas ordanance shall become effective fourteen (14) days from the date of~ts passage, and the Caty Secretary as hereby darected to cause the captaon ofth~s ordinance to be pubhshed twice m the Denton Record-Chromcle, a dmly newspaper pubhshed an the C~ty of Denton, Texas, watlun ten (10) days of the date of its passage PASSED AND APPROVED thas the ~day of (~/ff ~Lff~-~- ,1999 ATTEST JENNIFER WALTERS, CITY SECRETARY AP~O'V~ASTOL;O-A~F~RM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 EXHIBIT A Z-99-038 FIELD NOTES 1.831 ACRES BEING all that certain lot, tract, or parcel of land situated in the J Fisher Survey Abstract Number 421, in the City of Denton, Denton County, Texas, being all of that certain tract of land conveyed by deed from First State Bank of Denton to Jerry Conduff et ux recorded in Volume 2502, Page 413, Real Property Records, Denton County, Texas, and being more particularly described as follows BEGINNING at an Iron rod found for corner ~n the northeast line of Farm-to- Market H~ghway Number 2181, a public roadway having a right-of-way of 90 0 feet, said point being the most southerly point of sa~d Conduff tract, THENCE N 32° 04' 54" W, 332 86 feet ~th said northeast I~ne of said F.M H~ghway to a right-of-way marker for comer, THENCE along the arc of a curve to the nght having a central angle of 07° 40' 29", a radius of 1387.69 feet, an arc length of 185 89 feet, Whose chord bears N 28° 02' 35" W, 185 74 feet with sa~d northeast line of said F M H~ghway to an ~ron rod set for comer, sa~d point being the southeast comer of that certain tract of land conveyed by deed from F~rat State Bank to Michael K. Knox and Kathy M Riley recorded in Volume 2605, Page 36, Real Property Records, Denton County, Texas, THENCE N 80° 42' 00" E, 319.83 feet the south I~ne of said Knox and Riley tract to an iron rod found for corner, said point being the southeast comer of said Knox and R~ley tract, THENCE S 05° 54' 34" W, 500 31 feet wth to the PLACE OF BEGINNING and containing 1.831 acres of land EXHIBIT B Z-99~038 PERMITTED LAND USES Educational. Institutional and Seeclal Uses Art Gallery or Museum Day Nursery or Kindergarten School Hospital (General Acute Care) Nursing Home or Residence Home for the Aged* Institutions of Rehg~ous or Phdanthropic Nature Utility. Accessory and Incidental Uses Accessory Budding Temporary F~eld or Construcbon Office (Subject to Approval and Control by Budding Inspector) Telephone, Bus~ness Office Retail and Service Tvoe Uses Offices, Professional and Adm~mstrat~ve Studio for Photographer, Mustcmn, Artist or Health ,Aarlcultural Uses Animal Clinic or hospital (no outside no outside runs or pens) * * These two land uses are ~n addition to the anginal land uses permitted by Ordinance 98-255