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HomeMy WebLinkAbout1992-132ALL002E6\20003.18 ORDINANCE NO. 9a 13a� AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DIS- TRICT CLASSIFICATION FOR 0.278 ACRES OF LAND LOCATED ON THE EAST SIDE OF NEWTON STREET AND APPROXIMATELY 580 FEET NORTH OF MORSE STREET FROM SINGLE FAMILY 7 (SF-7) TO PLANNED DEVELOPMENT (PD) WITH CONDITIONS; ADDING THE REZONED PROPERTY TO PLANNED DEVELOPMENT NO. 26; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, ALICO Distributors, Inc. has applied for a change in zoning for 0.278 acres of land from Single Family 7 (SF-7) to planned development (PD) zoning district classification with condi- tions to be included as part of Planned Development No. 26; and WHEREAS, on July 22, 1992, the Planning and Zoning Commission recommended approval of the requested change in zoning; and 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 the 0.278 acres of land described in Exhibit A, at- tached to and incorporated into this ordinance by reference, is changed from Single Family 7 (SF-7) to Planned Development (PD) zoning district classification and use designation with conditions under the comprehensive zoning ordinance of the City of Denton, Texas, and shall be added to and included in Planned Development No. 26. A copy of the amended property boundaries for Planned De- velopment No. 26 is attached hereto in Exhibit B and made a part hereof. SECTION II. That in accordance with Division 5 of Chapter 35 of the Code of Ordinances of the City of Denton, the property shall be subject to the following conditions: 1. All conditions and allowed uses contained in Ordi- nance No. 80-6, a copy of which in attached hereto in Exhibit C and incorporated herein by reference shall be applicable to this 0.278 acre tract of land; and 2. In the event any protected tree is removed from the property, each protected tree removed shall be replaced with four (4) canopy trees (2-inch caliper minimum) to be planted as approved by the Planning and Development De- partment of the City of Denton. SECTION III. That the City's official zoning map is amended to show the change in zoning district classification. SECTION IV. That a copy of this ordinance shall be attached to Ordinance No. 80-6, creating Planned Development No. 26 to reflect its amendment. SECTION V. 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 VI. 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, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. / I PASSED AND APPROVED this the ze day of , 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: AMA I APPRO D AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY C_. BY: Page 2 LIST OF EXHIBITS 1. Exhibit A: Description of 0.278 acre tract rezoned from Single Family 7 (SF-7) to Planned Development No. 26 (PD- 26)--1 page 2. Exhibit B: Description of 2.794 acre tract comprising the new boundaries of Planned Development No. 26 (PD-26)--1 page 3. Exhibit C: Ordinance No. 80-6 creating Planned Development No. 26 (PD-26)--2 pages Page 3 EXHIBIT A SF-7 TO PD (Part of Lot 3) FIELD NOTES To all that certain tract of land situated in the J. Brock Survey Abstract Number 55 in the City of Denton, Denton County, Texas and being all of .the called 0.868 acre tract described in the deed from Marjorie Pitner to Willie Hudspeth et ux (Hudspeth tract) recorded in Volume 3157 Page 71 of the Real Property Records of Denton County, Texas; the subject tract being more particularly described as follows: BEGINNING for the Northeast Corner of the tract being described herein, at a 1/2 inch iron rod set in the East line of the Hudspeth tract South 01 Degrees 15 Minutes 26 Seconds West a distance of 30.0 feet from the Northeast corner thereof and the most Northerly Northwest corner of the called 2.671 acre tract described in the deed from Knight and Miller to ALICO Distributors, Inc., recorded in Volume 2256 Page 142 of the said Real Property Records; THENCE South 01 Degrees 15 Minutes 26 Seconds West with a West line of the ALICO tract a distance of 63.61 feet to a 1/2 inch iron rod found at a reentrant corner thereof and the Southeast corner of the Hudspeth tract; THENCE North 88 Degrees 48 Minutes 33 Seconds West with the South line of the Hudspeth tract a distance of 47.93 feet to a 1/2 inch iron rod set at its intersection with the extension of the West line of the ALICO tract 16.48 feet Northerly from a reentrant corner thereof; THENCE North 02 Degrees 15 Minutes 32 Seconds East a distance of 33.59 feet to a 1/2 inch iron rod set for a reentrant corner of the herein described tract; THENCE North 88 Degrees 54 Minutes 19 Seconds West severing the Hudspeth tract with a line 60 feet Southerly from the North line of the Hudspeth tract a distance of 304.03 feet to a 1/2 inch iron rod set in the proposed East Right-of-way of Newton Street; THENCE Northwesterly with the proposed Right-of-way of Newton Street along the arc of a curve to the left having a radius of 50 feet, an arc length of 30.64 (chord bearing North 04 Degrees 55 Minutes 29 Seconds West a distance of 30.17 feet) to a 1/2 inch iron rod set for the Northwest corner of the herein described tract; THENCE South 88 Degrees 54 Minutes 19 Seconds East severing the Hudspeth tract a distance of 353.28 feet to the PLACE OF BEGINNING and enclosing 0.278 of an acre of land. jd36/9206 ,EXHI$IT B PD - 26 AMENDED DESCRIPTION (ALICO - LOT 3) FIELD NOTES to all that certain tract of land situated in the J. Brock Survey Abstract Number 55 in the City of Denton, Denton County, Texas and being a part of the called 2.671 acre tract described in the deed from Knight and Miller to ALICO Distributors, Inc. recorded in Volume 2256 Page 142 of the Denton County, Texas Real Property Records and a part of the called 0.868 acre tract described in the deed from Marjorie Pitner to Willie Hudspeth at ux (Hudspeth tract) recorded in Volume 3157 Page 71 of the said Real Property Records; the subject tract being more particularly described as follows: BEGINNING for the Northerly Northwest Corner of the tract being described herain, at a 1/2 inch iron rod found at the Northeast corner of the Hudspeth tract and the most Northerly Northwest corner of the ALICO tract; THENCE South 87 Degrees 12 Minutes 23 Seconds East with the North line of ; the ALICO tract a distance of 253.99 feet to a called fence corner post at. the Northeast corner thereof and the Northerly Northwest corner of the called 4.506 acre tract described in the deed from First Baptist Church to Denton Independent School District recorded in Volume 3237 Page 149 of the ' said Real Property Records; THENCE Southerly with the common. line between First Baptist Church and ALICO the following calls: 1) South 01 Degrees 16 Minutes 01 Seconds West a distance of 8.00 feet to a 1/2 inch iron rod found; 2) South 68 Degrees 59 Minutes 45 Seconds East a distance of 129.20 feet to a 1/2 inch iron rod set; 3) South 86 Degrees 58 Minutes 28 Seconds East a distance of 176.00 feet to a 1/2 inch iron rod set; 4) South 02 Degrees 15 Minutes 32 Seconds West a distance of 146.00 feet to a 1/2 inch iron rod found; 5) North 86 Degrees 58 Minutes 28 Seconds West passing at 289.09 feet a salient corner of the First Baptist Church tract and the most Easterly Northeast corner of the called 4.087 acre tract described in the dead from Marjorie Pitner at al to Denton Independent School District recorded in Volume 3237 Page 144 of the said Real Property Records and continuing along the same course, in all, a total distance of 343.66 feet to a 1/2 inch iron rod found; THENCE Westerly and with the common line between ALICO and Denton Independent School District the following calls: 1) South 02 Degrees 48 Minutes 26 Seconds West a distance of 40.12 flat to a 1/2 inch iron rod foundl 2) North 86 Degrees 58 Minutes 28 Seconds West a distance of 253.40 feat to a 1/2 inch iron rod set; EXHIBIT C No. Ao-6 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE No. 69-1, AND AS SAID MAP APPLIES APPROXIMATELY 2.592 ACRES OF LAND, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under provisions of Ordinance No. 69-1, be, and the same is hereby amended as follows: All the hereinafter described property is hereby removed from the Single Family "SF-7" Districts as shown on said Zoning Map, and all provisions of Ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property as Planned Development "PD" for Light Industrial Use District in the same manner as other property located in the Planned Development "PD" for Light Industrial Use District with the following conditions: 1. The slaughter house operation shall be discontinued forever. 2. Permit only the construction of additional office space, and the erection of a fence as shown on the attached, site plan. 3. Site plan approval must be obtained for any `future expansion. All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the J. Brock Survey, Abstract No. 55, and being more particularly described as follows: BEGINNING at the northwest corner of a tract of land designated "Second Tract", as conveyed from Floyd Hensley, et ux to Hensley Packing Company, Inc. by deed dated April 8, 1971 and recorded in Volume 619, Page 381 of the Deed Records of Denton County, Texas, said point of beginning Lying in the east right of way line of Newton Street; THENCE south 880 40' east along the north boundary line of said tract a distance of 403.07 feet to a point for a corner; THENCE north a distance of 95.09 feet to a point for a corner; THENCE south 890 14' east passing at 255.0 feet the northwest corner of a tract of Land, designated "First Tract" as conveyed from Floyd Hensley, e0 ux to Hensley Packing Company, Inc. by Deed dated April 8, 1971 and recorded in Volume 619, Page 381 of the Deed Records of Denton County, Texas, a total distance of 550.0 feet to a point for a corner, same being the northeast corner of the aforementioned "First Tract"; THENCE. south passing at 49.0 feet the southeast corner of the aforementioned "First Tract" a total distance of 195.0 feet to a point for a corner; Z-1431 - WELDON H. MILLER - PAGE ONE THENCE north 890 14' west a distance of 343.6 feet to a point for a corner same being the most easterly northeast corner of the aforementioned "Second Tract"; THENCE south along the most easterly east boundary line of said "Second Tract" a distance of 40.0 feet to a point for a corner, same being the southeast corner of said "Second Tract"; THENCE north 890 14' west along the most southerly south boundary line of said "Second Tract" a distance of 253.4 feet to a point for a corner same being the most southerly southwest corner of said Second Tract; THENCE north a distance of 123.9 feet to a point for a corner, same being an inner ell corner of said "Second Tract*; THENCE north 890 14' west a distance of 356.0 feet to a point for a corner in the east right of way line of Newton Street said point also being the most westerly southwest corner of said "Second Tract"; THENCE north along the most westerly west boundary line of said "Second Tract" same being the east right of way line of Newton Street a distance of 20.0 feet to the place of beginning and containing 2.952 acres of land, more or less. SECTION II. That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION III. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the 29th day of January, A. D. 1980. BIL N S , MAYOR CITY OF DENTON, TEXAS ATTLST: '? gtT%iiY!i HO LT, CITY SECRETARY C U; % ,)V DENTON, TEXAS A;.;•;.'?/P:D AS TO LEGAL FORM C. ;, •PAYLOR, JR., CITY ATTORNEY Ci•rr ',N DENTON, TEXAS B Y : �.