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Home My WebLink About1987-0111674L AN ORDINANCE AMENDING THE ZONING MAY 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, AS AMENDED, AND AS SAID MAP APPLIES TO 209 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF SCRIPTURE AND FRY STREETS, AS IS MORE PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR A CHANGE IN CLASSIONING FICAlION CLASSIFICATION DESIGNATION, TO PLANNED DISTRICT NNED DEVELOPMENT (PD) DISTRICT CLASSIFICATION AND USE DESIGNATION, PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR SAID DISTRICT, PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Bal-Moody Investments has applied for a change in zoning from multi -family (MF-1) to planned development (PD) for 209 acres of land located at the southeast corner of Scripture and Fry Streets, and, WHEREAS, in accordance with Article 11 of Appendix B-Zoning of the Code of Ordinances, the applicant has submitted for approval a detailed plan for the proposed district, and, WHEREAS, on December 17, 1986, the Planning and Zoning Commission held a public hearing on the application and recommended approval thereof, and, WHEREAS, on January 20, 1987, the City Council held a public hearing on the application, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the zoning classification and use designation of 209 acres of real property, described in Exhibit "A", attached here- to and incorporated herein by reference, is hereby changed from Multi -family 'IMF-1" District Classification and Use designation to Planned Development "PD" District Classification and Use designation under the comprehensive zoning ordinance of the City of Denton, Texas SECTION II That there is approved for the district hereby established the "Detailed Plan", labeled as Exhibit "B", attached hereto and incorporated by reference, so that hereafter the district shall Z-1847/PAGE 1 be used and developed in accordance with the Detailed Plan herein approved and the following additional conditions and restrictions a The district shall be used only for medical offices b A six foot wood fence shall be erected along the southern and eastern boundaries of the district prior to the issuance of a certificate of occupancy for any building therein SECTION III 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 Ordinance No 69-1, as amended, is hereby amended to show such change in District Classification and Use subject to the above conditions and specifications SECTION IV 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 for 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 V Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000 00) Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such persons shall be punished within the limits above SECTION VI That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be Z-1847/PAGE 2 published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage �J�/'' PASSED AND APPROVED this theGZ__ day of , 1987 RAY S HEN , MAYOR CITY OF DENTON, TEXAS ATTEST JEN VAL" L RS ACT G CIY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS Z-1847/PAGE 3 EXHIBIT "A" COLEr,�A' N M ASSOC. SURVEYING 417 S LOCUST, SUIT TE6100 • P O BOX 686 DENTON, TEXAS 76202 0686 (817) 565 8215 3, FIELD NOTES to all that certain tract of land situated in the D Puchalski Survey Abstract Number 996 in the City of Denton, Denton County, Texas and being all of the North half of Lot 10 of the W A Ponder Addition as de- scribed in the Deed from James Blanton to Jay Balentine and Robert Moody, Jr recorded in Volume 1958 Page 728 of the Real Property Records of Denton County, Texas and that portion of a 20 foot alley along the East line of the said lot closed by a resolution from the City of Denton recorded in Vol- ume 434 Page 362 of the said Deed Records, as recognized and occupied on the ground; the subject tract being more particularly described as follows BEGINNING for the Northwest Corner of the tract being described herein at a chisled "X" found in a concrete walk at the Northwest Corner of the said Lot 10, THENCE South 87 Degrees 10 Minutes 17 Seconds East with the North line of the said Lot 10 at 171 99 feet passing an iron rod found at the Northeast Corner thereof and continuing along said course entering said alley, in all, a total distance of 181.99 feet to a point in the center of the said alley for the Northeast Corner of the herein described tract THENCE South 02 Degrees 49 Minutes 13 Seconds West with the center of the said alley a distance of 50.00 feet to a point for the Southeast Corner of the here- in described tract, THENCE North 87 Degrees 10 Minutes 17 Seconds West at 10 feet passing the South- east Corner of the said Balentine-Moody Tract and continuing along said course, in all,'a total distance of 182,00 feet to a found chisled "X" in a concrete curb atIthe,Southwest Cor�,er,,of the said tract f + s� d �4 THENCE North 02 Degrees 50 Minutes 13 Seconds East with the West line of the said Lot 10 and the East line of Fry Street a distance of 50 00 feet to the PLACE OF BEGINNING and enclosing 0 209 of an acre of land, These Field Notes were prepared from a survey made on the rround, under my direction and supervision in November, 1986„ Michael J Kern R.P S No., 4158 MICHAELJ KERN 4158 �FcisTER�'o Date z i81,47 EXHIBIT "B" DETAILED PLAN FOR 424 FRY STREET, CONSISTING OF 1 Detailed Site Plan (1 page), 2 Development Standards and Development Schedule (1 page), 3 General Notes (1 page), 4 Site Plan (1 page), and 5 West Elevation (1 page) ,%,a Z-1847 4t N r s rrl �-A l LAAs f I� i - T DEVELOPMENT STANDARDS 424 FRY STREET 7.: �a �'a �t •' •. ova. �� My intentions are to refurbish the existing structure including major renovations to the inside for some type of medical use Adding a parking lot to the rear, luxury landscaping and sprinkler system and to preserve existing trees. Also, my intent is not to sell said property once project is completed I would like to keep the property for an income producing investment -a • • is • .� � •� is r • A development, regardless of what type, should create a sense of "community" that identifies with the existing surrounding neighborhood I strongly feel this development meets that criteria Listed below are several pertinent reasons 1 Refurbish existing structure to original state 2 Revitalizing an old neighborhood without the disruption of new construction 3 close proximity to Flow Memorial Hospital (Currently zoned "office") 4 Relationship between medical services and major hospital Upon receiving zoning approval) said property will be completely renovated in three to four months 2-1847 General Notes 1 Fry St has concrete curb & gutter, but Scripture does not 2 The purpose of replatting is to accommodate the separate ownership of the North and South halves of the lot, and to permit remodeling and con- struction 3 No major changes in topography are proposed 4 A zoning change is also being requested in conjunction with this replat 5 The Denton Development Guide indicates this area to be low -intensity 6 The proposed use is to convert the existing house on Lot IOB into an office for lease to medical practitioners 7 The projected traffic generation is 1 7 x 15 = 26 trips per day 8 The access to the parking lot will be from Scripture Street, only, for vehicular traffic A new sidewalk will be constructed to Fry St 9 No open -space is proposed 10. All utilities are in place 11 Please refer to the architects' Site Plan for information regarding landscaping, sidewalk, and screening fence No free-standing sign is proposed Z /FVI t J e Z N q m r m O z