HomeMy WebLinkAbout1987-0011668L
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE PLANNED
DEVELOPMENT ZONING DISTRICT CREATED BY ORDINANCE NO 86-16, TO
PROVIDE FOR A CHANGE IN USE FROM TWO-FAMILY (2-F) TO SINGLE-
FAMILY (SF-7) DWELLING USE FOR 9 5 ACRES OF LAND LOCATED ON THE
SOUTH SIDE OF F M 426 (EAST MCKINNEY STREET), APPROXIMATELY
2,000 FEET EAST OF MAYHILL ROAD, AS IS MORE PARTICULARLY
DESCRIBED HEREIN, APPROVING A DETAILED PLAN FOR THAT PORTION OF
THE DISTRICT, IN ACCORDANCE WITH CHANGE IN USE HEREIN MADE,
PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000 00 FOR
VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, on January 21, 1986, Ordinance No 86-16 was
approved providing for the creation of a planned development
zoning district for 39 4 acres of land, as described therein, for
general retail and two-family dwelling use, in accordance with
the approved site plan, and,
WHEREAS, on May 6, 1986, Article 11, of Appendix B-Zoning of
the Code of Ordinances, which provided for the creation of
planned development zoning districts, was amended by Ordinance
No 86-84, to provide for new procedures for the creation,
approval, and amendment of planned development zoning districts,
and,
WHEREAS, on October 29, 1986, McDonnell Construction and
Development made application to amend the provisions of Ordinance
No 86-16, to provide for a change from two-family dwelling use
to single-family dwelling use for 9 5 acres of the 39 4 acres of
land in the district A public hearing on the application was
held before the City Council on January 6, 1987, and,
WHEREAS, this ordinance is adopted to provide for the
amendment of Ordinance No 86-16, in accordance with the
application made therefore, and to provide for the approval of a
detailed plan for a portion of the land included therein, in
accordance with the provisions of article 11 of Appendix
B-Zoning, as amended, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
That the provisions of Ordinance No 86-16, providing for
two-family (2-F) dwelling use for the 9 5 acres of land described
in Exhibit A, attached hereto and incorporated herein by refer-
ence, being designated as Section 2 in the site plan attached
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to Ordinance No 86-16, is hereby amended, by the approval and
adoption of the Detailed Plan, attached as Exhibit B incorpo-
rated herein by reference, showing a change in use to single-
family (SF-7) dwelling use for such designated land No person
shall develop or use the land covered by the approved Detailed
Plan in violation of the provisions of the Detailed Plan, the
provisions of this ordinance, or any other applicable ordinance
SECTION II
That Section II B of Ordinance No 86-16 is amended to
read as follows
B That the area designated as Sections 3 and 4 on the
attached site plan for two-family dwellings shall be
developed in accordance with the zoning regulations
applicable to two-family zoning districts insofar as
such regulations are not inconsistent with the
attached site plan for such area and use
SECTION III
That Section III A of Ordinance No 86-16 is amended to
read as follows
A That the City Council approves the comprehensive
site plan for the area designated as Sections 3 and
4 for two-family dwelling use, subject to the
conditions and regulations provided for herein
SECTION IV
That a copy of this ordinance shall be attached to Ordinance
No 86-16 showing the amendments herein made
SECTION V
That any person violating any of the provisions of this
ordinance shall, upon conviction, be fined a sum not exceeding
One Thousand Dollars ($1,000 00), and each day and every day that
the provisions of this ordinance are violated shall constitute a
separate and distinct offense This penalty is in addition to
and cumulative of, any other remedies as may be available at law
and equity
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
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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
SECTION VII
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
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
PASSED AND APPROVED this the lQ-lk day ofl�' 1987
RAY S EPHE S, MAYOR
CITY OF DENTON, TEXAS
ATTEST
C L E ALLEN, ITY'SECRE
CI OF kNTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY nA—A +
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COLEMAN
&
ASSOC.
SURVEYING
417 S LOCUST, SUITE 106
•
P O BOX 686 •
DENTON TEXAS 76202 0686 (817) 565 8215
EXHIBIT "A"
WHEREAS, R 0 MCDONNELL, is the owner of all that certain tract of land sit-
uated in Block A of the Morreau Forrest Survey Abstract Number 417, Denton
County, Texas and being that part of the called 39 478 acre tract described
in the Deed from R.0 McDonnell et ux to McDonnell Enterprises, Inc record-
ed in Volume 1477 Rage 929 of the Deed Records of Denton County, Texas de-
signated as Blocks C,D and E of MCDONNELL HIGHLANDS, PHASE ONE as shown by
the plat thereof recorded in Cabinet E Slide 330 of the Plat Records of Den-
ton County, Texas, the subject tract being more particularly described as
follows
BEGINNING for the most Northerly Northwest Corner of the tract being describ-
ed herein at an iron rod at the Northeast Corner of Lot 1 Block A of the said
McDonnell Highlands and being at the intersection of Glenngary Way with the
right-of-way of FM Highway No 426 ( East McKinney Street ) South 68 Degrees
18 Minutes 50 Seconds West a distance of 430 47 feet and South 64 Degrees 33
Minutes 48 Seconds East a distance of 179 90 feet from the Northwest Corner
of the said 39 478 acre tract,
THENCE South 64 Degrees 33 Minutes 48 Seconds East with the South right-of-
way of FM 426, crossing Glenngary Way a distance of 60 0 feet to an iron rod
at the Northwest Corner of Lot 1 in Block B of McDonnell Highlands,
THENCE Southerly with the East right-of-way of Clenngary Way and along the
arc of a curve to the left having an arc radius of 220 00 feet, an arc length
of 96 99 feet ( chord bearing South 12 Degrees 48 Minutes 26 Seconds West a
distance of 96 21 feet ) to an iron rod at the end of the said curve,
THENCE South 00 Degrees 10 Minutes 40 Seconds West continuing with the East
right-of-way of Glenngary Way a distance of 280 93 feet to an iron rod at
the Southwest Corner of Lot 1 Block B and the Northwest Corner of Lot 1 in
Block E,
THENCE South 89 Degrees 30 Minutes 14 Seconds East with the common line be-
tween Block B and Block E a distance of 373 67 feet to an iron rod at the
Southeast Corner of Lot 1 in Block B in the East line of the above mentioned
39 478 acre tract,
THENCE South 00 Degrees 10 Minutes 40 Seconds West with the East line of the
39 478 acre tract a distance of 265 00 feet to an iron rod at the Southeast
Corner of Block E and McDonnell Highlands, Phase One,
THENCE North 89 Degrees 30 Minutes 14 Seconds West severing the 39 478 acre
tract with the South line of Phase One a distance of 964 74 feet to an iron
rod at the Southwest Corner of Lot 8 in Block D and being in the West line
of the 39 478 acre tract,
THENCE North 01 Degree 00 Minutes 54 Seconds East along a fence and with the
[Jest line of the 39 478 acre tract a distance of 280 50 feet to an iron rod
at an angle point therein,
THENCE North 00 Degrees 14 Minutes 47 Seconds West continuing with the said
line a distance of 244 32 feet to an iron rod at the Northwest Corner of
Lot 7 in Block C and the Southwest Corner of Lot 1 in Block A,
THENCE South 89 Degrees 30 Minutes 14 Seconds East with the common line
between Block C and Block A a distance of 528 79 feet to an iron rod at the
Southeast Corner of Block A in the West right-of-way of Glenngary Way,
THENCE North 00 Degrees 01 Minutes 40 Seconds East with the West right-of-
way of Glenngary Way a distance of 20 59 feet to an iron rod at the beginn-
ing of a curve to the right having a radius of 280 00 feet,
THENCE Northerly continuing with the West right-of-way of Glenngary Way and
along the said curve, an arc length of 123 45 feet ( chord bearing North 12
Degrees 48 Minutes 26 Seconds East a distance of 122 45 feet ) to the PLACE
OF BEGINNING and enclosing 9 546 acres of land
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EXHIBIT "B"
DETAILED PLAN FOR MCDONNELL HIGHLANDS, PHASE I, CONSISTING OF
1 Detailed Site Plan and Preliminary Replat - (1 page), and
2 General Notes - (1 page)
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McDonnell Highlands, Phase One -
GENERAL NOTES
1 It is the
intent
of the Owner (McDonnell
Construction and Development) to
rezone the
9 546
acres shaded on this exhibit
from 2-F to SF-7
2 This area
is zoned
low -intensity in the
Denton Development Guide
3 The 9 546
acres
shown is part of the 39
5 acre overall PD-98 (Ordinance
86-16)
4 All of the
9 546
acres are proposed for
SF-7 use
5 All streets indicated on the plan are existing
6 Applying a traffic generation rate of 10 per dwelling unit results in an
estimate of 390 trips/day for the 39 total lots
7 The placement of each house on a lot will be controlled by the current
zoning ordinance, and a typical plan is shown on the exhibit
8 The maximum building height will be two stories, Lhe minimum setbacks 'Are
shown, minimum lot area is 7,000 sq ft , min lot width is 67 00', min
lot depth is 105 00', and min setbacks are shown on the 'Set -Back Detail'
9 There are 39 lots on 9 546 acres, yielding 4 1 units/acre
10 Both existing trees are pecans, and they are shown on Lot 3, Block E
11 No open -space, greenbelts, or other public areas are proposed
12 It is proposed to place the 6' solid wood fence screening along the South
boundaries of Lots 1, Block A&B as required by Ordinance 86-16
13 Existing zoning is indicated for adjacent properties
14 All utilities are existing, as shown on the plan
15 The public improvements are complete Home construction is anticipated
to begin about 1 Mar 1987 and be complete on about 30 Sept 1988
16 No landscaping is proposed
17 No signs (other than individual builders' sales signs) are proposed
18 There is an existing 4' wide sidewalk along the West side of Glengary
19 Individual lots are remaining as originally shown on the Final Plat, ex-
cept the center lot lines are now removed
20 Site grading is complete
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