Loading...
HomeMy WebLinkAbout1994-037Aj:\wpdocs\ord\irwin-Lord NOTE: AMENDED BY ORDINANCE 96-111 NOTE : AMENDED BY ORDINANCE 96-059 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE IN ZONING FROM PLANNED DEVELOPMENT NO. 140 AND PLANNED DEVELOPMENT NO. 94 TO MULTIPLE -FAMILY - 1 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH CONDITIONS (MF-1-C) FOR 11.92 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF BERNARD AND COLLINS STREETS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Dale Irwin has applied for a change in zoning for 7.494 and 4.427 acres of land from Planned Development No. 140 (PD-140) and Planned Development No. 94 (PD-94), respectively, to Multiple -Family - 1 with conditions (MF-1-c) zoning district classification and use designation; and WHEREAS, on February 23, Commission recommended approval and 1994, the Planning and Zoning of the requested change in zoning; WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zoning district classification and use designation of 11.92 acres of land, 7.494 acres being described in PD-140 (Ordinance No. 91-058) and 4.427 acres being described in PD-94 (Ordinance No. 85-61), respectively, is changed from Planned Development to Multiple -Family - 1 with conditions (MF-1-c) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. That the district shall be subject to the following conditions pursuant to Division 5 of Article III of Chapter 35 of the Code of Ordinances: 1. The maximum allowed number of units on the total 11.92 acres shall be 142. Should the two properties remain separate and be developed separately, the maximum allowed number of units on the 7.494 acre tract shall be 88 and the maximum allowed number of units on the 4.4275 acre tract shall be 54. 2. Setbacks shall be as follows: Front yard (Collins/Bernard Streets) - 25 feet Side yard (interior) - 10 feet Side yard (adjacent to single family residential fronting Bernard) - 15 feet Rear yard - 10' except that on the 7.494 acre tract a minimum of 120' shall be maintained along the east property line for drainage purposes. The easternmost 60' of this setback may be utilized for passive recreational uses to include but not limited to jogging trails, picnic facilities and similar non - active recreational facilities. The remaining 60' of the setback may be utilized for passive or active recreational uses. Active recreational uses include, but are not limited to, volleyball, tennis, hand ball, and swimming pool facili- ties. 3. The regulations of the Denton Landscape Code relating to landscaping, screening and tree preservation shall be met. The existing trees and vegetation in the required 120' setback along the east property shall be maintained as buffering. Solid landscape screening of at least 6' in height shall be provided to the existing SF-7 lots on Bernard Street. A tree inventory shall be provided prior to submittal for a building permit to determine the location of protected trees. 4. No parking spaces shall be allowed adjacent to Bernard Street. No head -in parking spaces shall be allowed adjacent to Collins Street. 5. The maximum height of any proposed building shall not exceed 2 1/2 stories, however any buildings fronting on Bernard Street may not exceed 1 1/2 stories in height. 6. A minimum 20% of the site shall be used for open space or recreational uses. 7. The interior circulation on the 7.494 acre site shall be designed to encourage equal usage of both proposed driveways. The circulation layout shall be designed similar to the conceptual circulation plan identified as Exhibit "A" and attached hereto and made a part thereof for all purposes. 8. Should the two properties be developed separately, a reciprocal access easement shall be granted allowing access from the 4.4275 acre tract across the 7.494 acre tract. SECTION III. That the City's official zoning map is amended to show the change in zoning district classification. SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. 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 2 published twice in the Denton Record -Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. 11 PASSED AND APPROVED this the-ho day of 1994. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: X APP?0VEDSTO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: Cs PAGE 3 CollinsBernard EXHIBIT A NORTH Date: 2/17/94 Scale: None o v , Z-96-002 ORDINANCE NO. q(0`059 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 94-037A TO INCREASE THE DENSITY FROM TWELVE (12) UNITS PER ACRE TO SIXTEEN (16) UNITS PER ACRE, AND TO INCREASE THE MAXIMUM ALLOWED BUILDING HEIGHT FROM 2% STORIES TO 3 STORIES, FOR 11.92 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF BERNARD AND COLLINS STREETS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. William Dahlstrom, on behalf of Mr. Craig Irwin, initiated an amendment to Ordinance 94-037A to increase the density from twelve (12) dwelling units per acre to sixteen (16) dwelling units per acre, and to increase the maximum allowed building height from 2% stories to 3 stories for 11.92 acres located on the south- east corner of Bernard and Collins Streets; and WHEREAS, on February 28, 1996, the Planning and Zoning Commis- sion recommended approval of the amendment to Ordinance 94-037A; and WHEREAS, the City Council finds that this amendment to Ordi- nance 94-037A will be in compliance with the Denton Development Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Ordinance 94-037A is amended with respect to the following particulars; all provisions not herein amended shall remain in full force and effect: Condition 1. The maximum allowed density is sixteen (16) dwelling units per acre. Condition S. The maximum height of any proposed building shall not exceed 3 stories, however any build- ings fronting on Bernard Street may not exceed 1% stories in height. SECTION II. That a copy of this ordinance shall be attached to all copies of Ordinance 94-037A, showing the changes herein made. SECTION III. That the City's official zoning map is amended to show the change in zoning district classification. SECTION IV. 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 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 J9± day of .8 1 1996. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPRO AS O LEGAL FORM: HERBE T L. PROUTY, CITY ATTORNEY PAGE 2 8-96-062.R2 02 ORDINANCE NO. - � � \ OF N, TEXAS, ORDINANCES 94-037A NANDE 96-059, BYTAPPROVING OAMENDING OF THEA CORRECTED LEGALDESCRIPTION APPLICABLE TO BOTH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. William Dahlstrom, on behalf of Mr. Craig Irwin, initiated an amendment to Ordinance 94-037A to increase the density from twelve (12) dwelling units per acre to sixteen (16) dwelling units per acre, and to increase the maximum allowed building height from'2% stories to 3 stories for 11.92 acres located on the south- east corner of Bernard and Collins Streets; and WHEREAS, on February 28, 1996, the Planning and Zoning Commis- sion recommended approval of the amendment to Ordinance 94-037A; and WHEREAS, the City Council found that such amendment to Ordi- nance 94-037A was in compliance with the Denton Development Plan, and approved ordinance 96-059 to effect the change in zoning; and WHEREAS, it was subsequently discovered that the legal description attached to Ordinance 94-037A contained a minor error; and WHEREAS, the City Council finds that.the error was minor and not material to any zoning uses allowable on the property, and or to that any prior decision to zone or rezone the property, the legalOrdinances attached hereto;r amended 94-37A and should be NOW, THEREFORE o correct the THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECT I. That Ordinance 94-037A is hereby amended by replacing the legal description attached thereto with the legal description attached hereto and incorporated herein as Exhibit 1. SECTION I• That Ordinance 96-059 is hereby amended to incorporate by reference the corrected legal description attached hereto and incorporated by reference herein as Exhibit 1. SECTION That a copy of this ordinance shall be attached s 94-037A and 96-059, showing the changes to all copies of Ordinance herein made. 076 SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of —mat—, 1996. HERBERT L. PROUTY, CITY A7^iU"bx PAGE 2 ;t 0.1 } -;ao r FIELD NOTES 11.92 Acre Zoning District Tract All that Certain 11.92 Acre tract or parcel of lend chustsd In the Alexander Hill Survey, Abstract Number 823, Denton County, Texas and being all of that tract conveyed to Dais Irwin of el by dead recorded In Volume 2970, page 035 peal Property Records of said county and all of Lot Ono, Block One of The Sun Country Addition, an addition to the City of Denton as shown by plat or nap recorded In Cabinet "F", page 300 Plat Records of sold county, and certain addilloncl land convened within the public dght-ot-ways of Bernard and Collins Streets, sold 11.02 acre tract being Mare particularly described so follows: Beginning at a half -Inch Iron pin found now a crosstie fence comer post, said pin being the northeast corner of said Irwin tract, also being In the occupied south right of way line of Collins Street; Thence South 00 degrees 63 minutes 23 seconds West with the east line of said Irwin tract a distance of 460.98 test to a half -Inch Iron pin found now a fence comer post, said pin being the southeast comer of sold Irwin tract, also being the northeast comer of sold Lot One; Thence South 00 degrees 49 minutes 47 seconds West with the east fine of sold Lot One a dlatence of 273.43 feet to a ceder fence comer post for the occupied southeast comer of Lot One; Thence South 89 degrees 31 minute 19 seconds Weet a distance of 600.88 feet to a half -Inch Iron pin found at the most southerly southwest comer of Lot Ono, cams being the southeast Comer of 0 tract conveyed to Kenneth M. Hendrick by dead recorded In Volume 1220, pegs 466 Real Property Records; Thence North 00 degrees 00 minutes 44 seconds East, passing at 60.00 feet the northeast comer of said Hendrick tract, soma being the southeast comer of a tract conveyed to Patrick Pratt by dsed recorded In Volume 1245, page 247 Real Property Roeorda, and Continuing on a told distance of 120.00 fact to a half -Inch Iron pin found at the northeast comer of said Pratt tract, same being an Inner sit comer of said Lot One; Thence South 89 degrees 31 minutes 10 second* West a distance of 160.33 feet to a 114649911016 copper coated Iron rod found In the east right of way line of Bernard Street for the most western southwest comer of said Lot One; Thence North 00 degrees 00 minutes 44 seconds East with the east right of way line of Bernard Street a distance of 97.75 feat to a half -Inch Iron pin found at the most western northwest Corner of said Lot One, same being the southwest corner of a erect conveyed to David Manning st al by dead recorded In Volume 1050, page 707 Real Property Records; Thence North 89 degrees 56 minutes 03 seconds East a distance of 125.00 feet to a hdHnch Iron pin found at the southeast comer of cold Manning tract, aarra being an Inner oil comer of said Lot One; Therese North 00 degrees 00 minutes 44 emocrrds East a distance of 60.09 feat to a half - Inch Iron phr found at the east 110111 ty northwest corner of Sold Lot One, came being the northeast corner of mid Nanning trod; Thence North of dogrsss 65 minutes 56 seconds Fast with the north line of said Lot One a distance of 21.15 feet to a half -Inch Iron pin found at the most southern southwest comer of said Irwin tract, sane being the southeast comer of that tract conveyed to 0. W. O'Reer by deed recorded In Volums 260, pegs 246 Deed Records; Thence North 01 degrees 09 minutes 91 seconds East a distance of 176.82 feet to a half -Inch Iron pin found for an Inner all comer of sold Irwin tract, came being the northeast comer of a tract conveyed to Harvey L. Sizemore by deed recorded In Volume 901, page 45 Deed Records; Thence South 89 degrees 46 minutes 20 ssdmndfs West, passing at a distance of 140.00 feet a half -Inch Iron pin found In the oc cuplsd mot right-of-way, line of Bernard Street, sane being the southwest corner of odd Irwin tract, and candnuing on a total distance of 164.68 foot to a point In the pavement of Bernard Street;; Thence North 00 dogmas Ot minutes So seconds East following an Imaginary line In said Bernard Street pavement a distance of 909.66 foot to a point In the Intersection of Bernard Street and Collins Street; Thence North 80 dogrem 27 minutes 55 seconds East following an Imaginary line In the pavement of Collins Street a distance of 777.61 foot to a point for the northeast comer of the heroin described tract; Thence South 00 degrees 59 minutes 29 seconds Wag a distance of 14.80 foot to the place of Beginning, containing In all 11.92 acres of land.