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Home My WebLink About1987-0541755L NOTE AMENDED BY ORDINANCE 96-005 A copy of which is attached NOTE AMENDED BY ORDINANCE 92-150 A COPY OF WHICH IS ATTACHED NO 'QS AN RDINANCE NO 083-140, PROVIDING RNANCE OF THE CFOR THE CREATIONITY OF DENTON, OFNEW PPLANNED EALING ODEVELOP- MENT DISTRICT FOR 16 6 ACRES OF LAND LOCATED ON THE WEST SIDE OF F M 2181, APPROXIMATELY 1,000 FEET SOUTH OF THE INTERSECTION OF F M 2181 AND LILLIAN MILLER PARKWAY, PROVIDING FOR THE ADOPTION F ILED PLAN FOR 15 4 ACRES THE MAXIMUM AMOUNTO H OF $1,DISTRICT, 000 0OFOR PROVIDING APENALTY IN VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Ordinance No 83-140, providing for the creation of a planned development zoning district, is repealed SECTION II That there is created a new planned development district for the 16 6 acres of land and incorporatedherein described Exhibit reference hsothat attached hereto thela d shall hereafter be used, developed, and governed by the provisions of this ordinance SECTION III That in accordance with the provisions of article 11 of amended, the Appendix B-Zoning of the Code of Ordinances, Exhibit "B", as and incorporated Detailed Plan attached hereto as approved for acresof the herein forls designatedreference, residential use asthe shown on approved District Detailed Plan SECTION IV That the 1 2 acres of land shown on the Final Plat of the approved Detail Plan as Lots 1 and 37 of Block One, designated for proposed future office use, shall not be considered a part of the Detailed Plan approved herein, and shall not be developed until and unless a detailed plan is hereafter submitted and approved, in accordance with the provisions of article 11 of i of the Code of Ordinances The buildings Appendix B-Zon ng located therein shall be limited to one story SECTION V Any person who sh, or fails to comply t thereof, or of a perm be guilty of a misdei One Thousand Dollars deemed guilty of a s, portion thereof durin; committed, or contii violations such persoi ll violate a provision of this ordinance, erewith or with any of the requirements t or certificate issued thereunder, shall ;anor punishable by a fine not exceeding ($11000 00) Each such person shall be >arate offense for each and every day or which any violation of this ordinance is ied, and upon conviction of any such shall be punished within the limits above SECTION VI That this ordinan e its passage and approval PASSED AND APPROVED ATTEST ACTVG CITY SECRETARY CITYY OF DENTON, TEXAS shall become effective immediately upon this the69 day of 1987 wKti' RAY S P ENS , 1 AYOR CITY 0 DENTON, TEXAS APPROVED AS TO LEGALIFORM DEBRA ADAMI DRAYOVIT H, CITY ATTORNEY CITY OF DENTON, TEXAS BY t 11Mn EXIiIBIT "A" LEGAL DESCRIPTION ALL that certain 16 624 acre tract, or parcel of land situated in the C POULLALIER SURVEY, ABSTRACT NUMBER 1006 Denton County, Texas, said tract being shown by deeds to John McQuistion as recorded in Volume 1165,Page 695, Deed Records of Denton County Texas, and being more particularly described as follows BEGINNING, for the southeast corner of the tract being described herein at an iron pin at the southeast corner of said McQuistion tracts being also the northeast corner of tract shown by deed to Henry S Miller Inc as recorded in Volume 1089, Page 211, Deed Records of Denton County, Texas, THENCE N 89030138"W with the south line of said McQuistion tracts distance of 1312 30 feet to an iron pin found at the northwest corner of tract shown by deed to John Kosura III as recorded in Volume 1089, Page 216, Deed Records of Denton County, Texas THENCE N 0023108"E 247 9 feet to an iron pin found at the southeast corner of Southmont Place, ' THENCE N01°37'30"E 328 31 feet to an iron pin found at the southwest corner of tract shown by deed to Denton Independent School District as recorded in Volume 979 Page 174, Deed Records of Denton County Texas, THENCE N 89°05146"E 785 56 feet to an iron pin found at the southeast corner of said school tract, THENCE S 0057102"W 86 68 feet to an iron pin found at the southwest corner of First National Bank of Dallas Tract, THENCE N 89005122"E 494 15 feet to an iron pin found in the west line of Teasley Lane (Farm Market Road 2181), THENCE S 0058133"E with the West line of said road 139 51 feet to the beginning of a curve to the left whose radius is 1923 6 feet, THENCE Southerly 224 17 feet with arc of said curve to an iron pin THENCE S O1015111"W 158 86 feet to the PLACE OF BEGINNING EXHIBIT "B" BENTOAKS SUBDIVISION DETAILED PLAN FOR 15 4 ACRES, CONSISTING OF 1 Detailed Site Plan (1 page), 2 Development Standards and Development Schedule (3 pages), and 3 Final Plat - Bentoaks, Blocks One and Two (1 page) yl1 I 1 I 1 1 I I I 1 II I I I I I I I 1 I I I I 11 11 II II 11 J s g lwiso h, MINOR"= m Fri DETAILED PLAN 1 STATEMENT OF INTENT This is a request to amend the PD65 Zoning Ordinance to allow a zero lot line designation on 40 out of 98 lots The BENTOAKS SUBDIVISION is an existing subdivision consisting of 98 duplex lots (allowing 98 units) and 2 lots designated as office The owners have built 6 duplexes (12 units) and sold 2 lotson which a duplex is now being constructed BENTOAKS adjoins Southmont Addition on the west (also a zero lot line development) and Sam Houston Elementary School on the north Teasley Lane (FM 2181) borders the eastern boundary and south is undeveloped The ordinance also provides that the entire subdivision be fenced and we are seeking to eliminate fencing for the north, south and west boundaries A solid brick wall has been constructed along the eastern boundary to buffer the office from the residential 2 RELATION TO DENTON DEVELOPMENT GUIDE: This petition complies with the Denton Development Guide 3 ACREAGE AND LAND USE: The total development consists of 16 6 acres 1 2 acres are designated office (fronts on FM 2181) Currently, the balance of the 15 4 acres is designated duplex We are seeking to change 40 lots to allow a zero lot line designation 4 TRAFFIC AND TRANSPORTATION: BENTOAKS has only one entrance and exit off of FM 2181 Approximately half of the lots have private alley access easements The office lots will be limited to access off of Bentoaks Drive Projected traffic (fully developed) will be minimal due to the over- whelming amount of residential area compared to the office Since the office land is restricted to single story, residential style construction, and there is only 1 2 acres of it, traffic from it will be negligible 5 BUILDINGS: Currently there are 7 duplexes completed in the subdivision 6 RESIDENTIAL SUBDIVISION: Density will not be affected by this change Presently and after the. change, there will be 6 49 units per acre Total project will contain 98 units The change in the ordinance will basically change one word - instead of attached structures, it will allow detached structures The number of units and the units per acre will not change The minimum lot size is 4500 square feet See attached plat for lot dimensions and locations There exists a 25' front set -back, a 10' rear set -back and side yard set -back of 6' We want to maintain the front and rear set- backs of 25' and 10' respectively, on the zero lot line lots and change only the side yard to allow for up to a minimum of 6' between buildings, not restricting us to build on the lot line Structure on Lot 47A shall be a minimum of 6' from Lot 46B property line Maximum height on all residential lots is two story, office is one story 7 TREES: During development the only trees removed were in the 50' road right- of-way and the private alleys Approximately 50% of the land was wooded and remains that way Trees not affected by buildings will be maintained 8 OPEN SPACE: There are no parks or greenbelts in the subdivision 9 SCREENING: In the original ordinance, the owner requested that a fence be in- cluded around the entire subdivision Since that time, a solid brick wall has been constructed on the eastern boundary to act as a buffer between the office lots and the residential lots Several tenants of the duplexes have had small children who attended Sam Houston Elementary School They could walk to school in plain view of their parents Fencing the northern boundary would require that they travel up FM 2181 to Teasley to get to school Southmont has a fence which covers almost the entire western boundary and the southern boundary is undeveloped and includes a large lake and leaving wooded view which would be obstructed with a fence We are therefore asking that the fencing requirement be removed on the north, south and west boundaries 10 LANDSCAPING Landscaping will be the responsibility of the individual owner Page Two 11 OFFSITE INFORMATIONt As stated previously, FM 2181 is on the east side, Sam Houston Elementary School is on the north, Southmont on the west and undeveloped land to the south 12. UTILITIES: All utilities, streets, drainageways are existing and comply with all utility requirements 13, DEVELOPMENT SCHEDULE: All lots are already developed The construction of duplexes has been underway for approximately 18 months With the economy in a depressed condition, the zero lot line change will allow an alternative type of housing to what is presently offered We anticipate that 5 to 10 units per year will be constructed which would complete the development by January, 1998 Page Three 4 5 4 2 SOUTHMONT PLACE PION CAB B / 174 LEYIST B EMT ER/TEDR PA ill / 16 Cu(2 y py ® n 3 R dy` i MOD PA ESIi�T � ®u SPX _ ME E ® 1 M INC wWp�,�/ e`!/211 .,, Ylp�i°ewrNY c7 u CT I - g 4PA [EMT �t4PA O BLOCK^ a ONE{I�oeuEQ ! .r2E ME MY 2T D—p U-3��— fijEx1ET PBL.L`MLY4T7/EET D — E — -,• ^ E a1 22323 13A E �aE,f WA*DGr\P�ISOM PL-31- 442 I�ML�E C% q CURVE DATA CV A R � 1 24 OB 370 50 156 40 2 26-5959 636 23 157 03 3 90°Od00 FT000 94 25 4 19-13 56 35413 118 81 �1 ESM� D1 SD 1 v979/174 1 I Ilz EASEMENTS COMM • COMMUNICATIONS 0 + DRAINAGE it,A PRIVATF Arr"g U UTILITY n Y FIRST NAT L S BANK OF DALLAS R FINAL PLAT BENTOAK3 BLOCKS ONE 6 TWO Bung 16 624 OCrOs IN HIS MANOR S INC SCALE I IIOC C pOULLALIEN SURVEY A-1006 306 RIDWGRBTCIR MARCH S N 1866 C1p 6 C4uMy e1 OWE, URGE, DENTON TEXAS 76201 REv MARDR^e4%f@94 LEGAL DESCRIPTION ALL that certain 16 624 acre tract, or parcel of land situated in the C POULLALIER SURVEY, ABSTRACT NUMBER 1006, Denton County, Texas, said tract being shown by deeds to John McQuistion as recorded in Volume 1165,Page 695, Deed Records of Denton County, Texas, and being more particularly described as follows BEGINNING, for the southeast corner of the tract being described herein at an iron pin at the southeast corner of said McQuistion tracts being also the northeast corner of tract shown by deed to Henry S Miller Inc as recorded in Volume 1089, Page 211, Deed Records of Denton County, Texas, THENCE N 89030138"W with the south line of said McQuistion tracts distance of 1312 30 feet to an iron pin found at the northwest corner of tract shown by deed to John Kosura III as recorded in Volume 1089 Page 216, Deed Records of Denton County, Texas THENCE N 0°23108"E 247 9 feet to an iron pin found at the southeast corner of Southmont Place, THENCE N 01037130"E 328 31 feet to an iron pin found at the southwest corner of tract shown by deed to Denton Independent School District as recorded in Volume 979 Page 174, Deed Records of Denton County, Texas, THENCE N 89005146"E 785 56 feet to an iron pin found at the southeast corner of said school tract, THENCE S 005710211W 86 68 feet to an iron pin found at the southwest corner of First National Bank of Dallas Tract THENCE N 8900512211E 494 15 feet to an iron pin found in the west line of Teasley Lane (Farm Market Road 2181), THENCE S 0058133"E with the West line of said road 139 51 feet to the beginning of a curve to the left whose radius is 1923 6 feet, THENCE Southerly 224 17 feet with arc of said curve to an iron pin, THENCE S 01015'11"W 158 86 feet to the PLACE OF BEGINNING ALL00324 NO 9a isv AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE AP- PROVAL OF AN AMENDED DETAILED PLAN FOR 15 271 ACRES OF THE 16 6 ACRES OF LAND WITHIN THE PLANNED DEVELOPMENT DISTRICT ESTABLISHED BY ORDINANCE NO 87-054 (PD-65), PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, by Ordinance No 87-054, the City Council approved a planned development district and detailed plan for 16 6 acres of land located on the west side of F M 2181, approximately 1,000 feet south of the intersection of F M 2181 andilllan Miller n as Parkway, as more particularly described therein (presently know Bentoaks subdivision), and WHEREAS, the owner has applied for approval of a revised de- tailed plan for 15 271 acres of the planned development district to provide for changing the primary land use designation within the existing subdivision from duplex/zero-lot-line to single-family residential designation, and, WHEREAS, the Planning and Zoning Commission recommended ap- proval of the amended detailed plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That in accordance with article IV of Chapter 35 of they Code of Ordinances, the amended detailed plan shown in Ex- hibit "B", attached hereto and incorporated by reference is ap- proved for the 15 271 acres of land located in PD-65, said land being described in Exhibit "A", attached hereto and incorporated by reference, so that hereafter the property shall be constructed, used, and maintained in accordance with the detailed plan herein approved. jggT10N II That a copy of this ordinance shall be attached to Ordinance No 87-054, showing the amendment herein made SECTION III That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding shallO00. Each constit t a separate that a pandision of this distinct offense ordinance is violated ,LION IV That this ordinance shall become effective four- teen (14) days Prom the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance publJshtl 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 PASSEII AND APPROVED this the Ze day of Aa&xjbar 1992 ATTESTS JENNIFVR WALTERSf CITY SECRETARY BY APPRO D AS TO LEGAL FORM• DEBRA A DRAYOVITCH, CITY ATTORNEY d BY C� Page 2 EXHIBIT A F I N L D N O T E S All that certain 15 271 acre tract of land situated in the C Poullalier Survey, Abstract Number 1006, in the City of Denton, Denton County, Texas; said tract being all of Lots 2A-36B, Block One, and all of Lots 38A-5XB, Block Two, Bentoaks, an addition to the City of Denton according to the plat or map recorded in Cabinet D, Slide 276, Plat Records, Denton County, Texasj said 15 271 acre tract being more particularly described as followss Beginning at the most southerly southeast corner of said Lot 4A; Thence North 89 degrees 30 minutes 38 seconds West a distance of 1198 01 feet to the most southerly southwest corner of said Bentoaks? Thence North 00 degrees 23 minutes 08 seconds East 247 90 feet to an angle point in the west line of said Bentoaks, same being the southeast corner of Southmont Place, as shown by plat recorded in Cabinet C, Slide 212 Plat Recordej Thence North 01 degrees 37 minutes 30 seconds East 328 31 feet to the northwest corner of said Bentoaks? Thence North 89 degrees 05 minutes 46 seconds East 785 56 feet to the most northerly northeast corner of said Bentoaks; Thence South 00 degrees 57 minutes 02 seconds West 86 68 feet to an inner ell corner of said Bentoaks; Thence North 89 degrees 05 minutes 22 seconds East 383 64 feet to the most northerly northeast corner of Lot 34B; Thence South 02 degrees 08 minutes 30 seconds East 518 49 feet to the Point of Beginning, containing 15 271 acres of land e EXHIBIT B Wr°�a r �' —R�t rae— E56 EE56 01 I -,. I �' nlvoa cover NANO# cqWr Ira § \� ; P 4I� E E EEE I_SOUTH INO#/# /~\ �i P 9 \\ F F FFF ////�• III I Ii Y Y yi P I' m_ �7 TEASL EY LANE FN 2181 bentoake Ord ORDINANCE NO I & AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCES 83- 140 AND 87-054 BY APPROVING A DETAILED PLAN FOR A 1 199 ACRE TRACT OF LAND WITHIN THE PLANNED DEVELOPMENT 65 (PD 65) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, LOCATED ON THE WEST SIDE OF FM2181 AT ITS INTERSECTION WITH BENT OAKS DRIVE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Marvin Morgan has applied for an amendment to Planned Development District 65 (PD 65), established by Ordinances 83-140 and 87-054, and for approval of a detailed plan for a 1 199 acre tract of land located therein on the west side of FM2181 at its intersection with Bent Oaks drive, and WHEREAS, on December 13, 1995, the Planning and Zoning Commission recommended approval of the requested zoning amendment, and WHEREAS, the City Council finds that the zoning amendment will be in compliance with the Denton Development Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the detailed plan for a 1 199 acre tract of land described as Lots 1 and 37, Block 1 of the Bent Oaks Addition, located within Planned Development District 65 (PD 65), attached hereto and incorporated by reference herein as Exhibit A, is hereby approved in accordance with Division 2 of Article IV of Chapter 35 of the Code of Ordinances SECTION II. That the provisions of this ordinance govern and control over any conflicting provision of Ordinance Nos 83-140 and 87-054 SECTION III That a copy of this ordinance shall be attached to Ordinance Nos 83-140 and 87-054, showing the amendment herein approved 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, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this and day of 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APEUVED A TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY PAGE 2