HomeMy WebLinkAbout1982-083Note Amended by Ordinance No 89-065
Note Amended by Ordinance No 98-062
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 TO APPROXIMATELY 112 88 ACRES OF LAND
OUT OF THE M E.P., & P.R.R SURVEY, ABSTRACT NO. 927, THE M L
AUSTIN SURVEY, ABSTRACT NO. 41 AND THE M. YOACHAM SURVEY,
ABSTRACT NO., 14421 DENTON COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I
The Zoning Classification and Use designation of the
following described property, to -wit
All that certain tract or parcel of land situated in the M.E.,P
& P.a .R .Survey,- Abstract No 927, Denton County, Texas, being
part of the Second Tract of a deed conveyed by J., R Earle, et
ux to Delbert T. Cruze on April 18, 1941, recorded in Volume
290, Page 155, Deed Records of said County, and being more
particularly described as follows
BEGINNING at the southeast corner of the above described Second
Tract in the center of the Channel of Pecan Creek,
THENCE west with the center line of Pecan Creek the following 5
courses and distances (1) north 84004' west 171 73 feet, (2)
south 78050,120," west 247 69 feet, (3) north 830812a" west
384 79 feet, (4) south 84037' west 298 1 feet and (5) south
71017' west 311 7 feet to the east right of way of Loop 288,
THENCE north 1015' east with said east right of way 370 3 feet
to a right of way post,
THENCE north 1037' west 200.2 feet to a right of way post,
THENCE north 1015' east with said east right of way 1530.0
feet to a right of way post,
THENCE north 55034' east with said right of way 56 0 feet to a
right of way post on the south line of East McKinney Street;
THENCE south 65025' east with said McKinney right of way 80 9
feet to a right of way post
THENCE south 61057' east with said McKinney right of way 304 0
feet to a right of way post
THENCE south 62030' east with said right of way 56 0 feet to a
fence corner,
THENCE south 21041'3.0" west 194 49 feet to a fence corner,
THENCE south 6204614A" east with a fence 467 5 feet to a fence
corner,
THENCE north 2900014.0" east with a fence 191 0 feet to a fence
corner on the south right of way of McKinney street,
THENCE south 61059' east with said McKinney Street right of
way 458 6 feet to a right of way post,
Z-1540/FRED H DEAL -PAGE ONE
THENCE southeasterly with said McKinney Street right of way and
with a 3 6110 to the left 125 4 feet to a fence corner,
THENCE south 1045' west with a fence 1320 0 feet to the place
of beginning, and containing in all 52 351 acres of land
All that certain tract or parcel of land situated in the M L
Austin Survey,, Abstract No 4, and the M Yoacham Survey,
Abstract No 1442, Denton County, Texas, and being part of a
First Tract described in a deed conveyed by J . R . Earle, et ux
to Delbert T. Cruze on April 18, 19A1, recorded in Volume 290,
Page 155, and part of a tract conveyed by C .E Wallace, et ux
to Deb Cruze on July 12, lU41 recorded in Volume 306, Page 482,
Deed Records of Denton County, Texas, and being more
particularly described as follows
BEGINNING at a fence corner on the south right of way of East
McKinney Road also being the northwest corner of the above
described Wallace to Cruze tract,
THENCE south 84020' east with said right of way 486 0 feet to
a corner,
THENCE south 66031'2.0" east 213 46 feet to a corner at the
intersection of East McKinney and Loop 28&,
THENCE south 1015' west with the west right of way of Loop 288
a distance of 1573 0 feet to a right of way post,
THENCE south 9047' west with said right of way 200 2 feet to a
right of way post,
THENCE south 1015' west with said right of way 393 7 feet to a
corner in the center of the Channel of Pecan Creek,
THENCE westerly with the center of Pecan Creek the following
courses and distances (1) south 84041' west 399 05 feet, (2)
south 74040' west 192 9 feet, (3) south 60056' west 391 2
feet, (4) north 45001' west 304 6;
THENCE north 83057' west with a fence 510.0 feet to a fence
corner,
THENCE north 1058' east along and with a fence 992 0 feet to a
fence corner on the south line of said Yoacham Survey,
THENCE north 89054' east with a fence 975 1 feet to a fence
corner,
THENCE north 1035' east with a fence 1312 9 feet to the place
of beginning and containing 60 528 acres of land
is hereby changed from Agricultural "A" District Classification
Use to Planned Development "PD" District Classification and Use
under the Comprehensive Zoning Ordinance of the City of Denton,
Texas subject to the following conditions and restrictions and
Site Plan attached hereto to -wit
1 Land uses within the planned development are
restricted to the uses specifically designated on
the general concept plan; specific site plan
approval must be granted before development occurs
within the designated land use areas,
Z-1540/FRED H.. DEAL -PAGE TWO
Specific development proposals shall conform to
City of Denton requirements regarding zoning use
classifications, subdivision regulations, building
codes and any other codes related to development,
3 Density in multi -family areas shall be limited to
22 units per acre,
4 Density in single-family attached areas shall be
limited to 10 units per acre,
5 Residential streets in accordance with City of
Denton standards shall be provided for internal
circulation
6 A living screen or a six (6) foot masonry wall
must be erected between the 10 18 acre retail area
at the southwest corner of Loop 288 and East
McKinney Street and the single family attached
area beginning at its southern boundary when the
general retail area is developed,
7 Adequate screening consisting of a living screen
or a six (6) foot solid masonry wall shall be
erected along any property line where general
retail abuts low density single family residential
housing when the general retail area is developed,
8 Any land use permitted in the general retail (GR)
classification of the zoning ordinance may be
developed in the areas designated as general
retail without amendment of the planned
development (PD) ordinance,
If the development plans are not realized within
five (5) years so that actual development includes
some residential and is not limitd to general
retail, the planned development will be
re-evaluated and considered a candidate for
possible back -zoning to a smaller size renter
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 69-11 be, and
the same is hereby amended to show such change in District
Classification and Use
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
City of Denton, Texas
other things for the
peculiar suitability
conserving the value
and encouraging the
maximum benefit to the
SECTION III
of promoting the general welfare of the
and with reasonable consideration, among
character of the district and for its
or particular uses, and with a view to
of the buildings, protecting human lives,
most appropriate uses of land for the
City of Denton, Texas, and its citizens
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
Z-1540/FRED H DEAL -PAGE THREE
Commission and the City Council of the CitV of Denton, Texas,
after giving due notice thereof
PASSED AND APPROVED this the day of October, 1982
IC ARD O PTEMW, MAYOR
CITY OF DFORTON, TEXAS
ATTEST
CHARrOTTE ALLE , CITY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
Z-1540/FRED H DEAL -PAGE FOUR
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NO 99 - v
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
APPROVAL OF A DETAILED PLAN FOR 1 951 ACRES OF LAND, BEING A
PORTION OF A PLANNED DEVELOPMENT DISTRICT (PD-41) LOCATED
APPROXIMATELY 500 FEET WEST OF THE INTERSECTION OF LOOP 288 AND
EAST MCKINNEY STREET, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, by Ordinance No 82-83, the City Council approved a
planned development district for 112 88 acres of land (PD-41)
located southeast and southwest of the intersection of Loop 288 and
East McKinney Street, as more particularly described therein, and
WHEREAS, Hammett & Nash has applied for approval of a detailed
plan for 1 951 acres of land within the district for medical
laboratory and related office uses, and
WHEREAS, on April 26, 1989, after a public hearing, the
Planning and Zoning Commission recommended approval of the detailed
plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That for the 1 951 acres of land described in
Exhibit "A", attached hereto and incorporated herein by reference,
there is approved the detailed plan shown in Exhibit "B", attached
hereto and incorporated herein by reference, so that hereafter that
portion of the district subject to the plan shall be constructed,
used, and maintained in accordance with the detailed plan herein
approved
SECTION II. That a copy of this ordinance shall be attached
to Ordinance No 82-83, showing the detailed plan herein approved
for that portion of the district
SECTION III, That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2000 00 Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense
Sr&CTION IV, 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
Z-89-004/Page 1
date of its passage
PASSED AND APPROVED this the F — day of , 1989
4�t�-
RAY ST'PHENSF, MAYOR
ATTEST
J NtFlIR[IlkLTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY n _�� aVVl
89-26
Z-89-004/Page 2
EXHIBIT "A"
MARCH 31, 1989
JOB #24723
FIELD NOTES TO 1 951 ACRES IN THE M YOACHAM SURVEY, ABSTRACT
1442, DENTON COUNTY, TEXAS.
ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE M
YOACHAM SURVEY, ABSTRACT 1442, CITY AND COUNTY OF DENTON, TEXAS,
BEING A PART OF A CERTAIN (CALLED) 10 1597 ACRE TRACT DEEDED FROM
TOM D. JESTER, JR , JOE A. BELEW, AND DISTILLERS OUTLET, INC TO
TOM D JESTER, JR. AND PAUL M HAYWOOD, JR RECORDED IN VOLUME
1744, PAGE 444, REAL PROPERTY RECORDS OF SAID COUNTY, AND BEING
MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID 10 1597 ACRE TRACT AN
IRON PIN IN THE SOUTH RIGHT-OF-WAY OF MCKINNEY STREET (F M ROAD
426);
THENCE SOUTH 83 DEGREES 57 MINUTES 28 SECONDS EAST ALONG THE
SOUTH RIGHT-OF-WAY OF MCKINNEY STREET A DISTANCE OF 201 60 FEET
TO AN IRON PINT
THENCE SOUTH 01 DEGREES 37 MINUTES 32 SECONDS WEST A DISTANCE OF
415 10 FEET TO AN IRON PIN=
THENCE NORTH 88 DEGREES 22 MINUTES 28 SECONDS WEST A DISTANCE OF
201 00 FEET TO AN IRON PIN=
THENCE NORTH 01 DEGREES 37 MINUTES 32 SECONDS EAST ALONG THE WEST
BOUNDARY LINE OF SAID 10.1597 ACRE TRACT A DISTANCE OF 430 63
FEET TO THE POINT -OF -BEGINNING AND CONTAINING 1 951 ACRES OF
LAND
EXHIBIT "B"
Detailed plan consisting of
1 Detailed plan (1 Page),
2 Landscape plan (1 Page), and
3 Development Standards (4 Pages)
ORDINANCE NO of -a _
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A DETAILED PLAN
FOR 11 49 ACRES OF LAND, BEING A PORTION OF A PLANNED DEVELOPMENT
DISTRICT (PD-41), LOCATED SOUTH OF EAST MCKINNEY STREET, BETWEEN LOOP
288 AND MAYHILL ROAD, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF,
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, by Ordinance 82-83, the City Council approved a planned development
district for 112 88 acres of land (PD 41) located southeast and southwest of the intersection of
Loop 288 and East McKinney Street, as more particularly described therein, and
WHEREAS, Halff Associates, on behalf of the NHPAHP Development corporation, has
applied for approval of a detailed plan for 1149 acres of land within the district for multi -family
residential uses, and
WHEREAS, on February 25, 1998, after a public hearing, the Planning and Zoning
Commission recommended approval of the detailed plan,
WHEREAS, the City Council finds that the detailed plan will be in compliance with the
Denton Development Plan, NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That Ordinance 82 83 (PD-41) is hereby amended by approving a detailed
plan illustrated in Exhibit "A", attached hereto and incorporated herein by reference, and
containing 1149 acres of land described in Exhibit ` B' , attached hereto and incorporated herein
by reference, so that hereafter this portion of PD-41 shall be used for multi family residential
use
SECTION II That a copy of this ordinance shall be attached to Ordinance No 82 83,
showing the detailed plan herein approved for that portion of PD 41
SECTION III That the provisions of this ordinance as they apply to the 1149 acres
shown in the detailed plan herein approved, shall govern and control ovei any conflicting
provision of Ordinance No 82 83, but all provisions of Ordinance No 82-83 as they apply to
that remaining portion of the district not herein amended, shall continue in force and effect and
shall apply to the remainder of said district
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 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 a daily newspaper published in
the City of Denton, Texas, within ten (10) days � of t e date of its
passage
�
PASSED AND APPROVED this the�l--d ay of //G(�(�/C. , 1998
JAC ILL MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY .
APPR ED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
P \shared\dept\LGI \Our Documents\Ordinances\98\Detailed plan Z 98-004 doc
EXHIBIT
LEGAL DESCRIPTION
BEING a tract of land situated in the Ivf E P & P R R CO Survey, Abstract No 927 and
being part of a tract of land described to deed to Craig Irwin and Dale Irwin, as recorded
In County C.lerles File No 95-R055863, Real Property Records Denton County, Texas
(R.P RD C T ), and being more particularly described as follows
BEGINNING at a 518-mch found iron rod for the northeast corner of said Irwin tract, and
the northwest corner of Golden Triangle Industrial Park, all addition to the City of
Denton, as recorded in Cabinet B, Page 71, Plat Records, Denton County, Texas
(P R.D C T ), said corner also lying on the south right of -way line of East McKinney
Street (F.M 426) (100 feet wide),
THENCE South 01 degree 45 minutes 00 seconds west, departing
t ruing distance said insouth ri639 ght-of-
wayline and along the east line of said Irwin tract, Passing
1633 87 callj and 4 6 feet east, a 1/2-inch found iron rod for the southwest comer of said
Golden Triangle addition, continuing an additional 167 06 feet, to a pomt for a corner,
THENCE North 88 degrees 15 minutes 02 seconds West a distance of 217 88 feet to a
point for a t,orner,
THENCE North 43 degrees 47 minutes 16 seconds West a distance of 17138 feet to a
point for a comer,
THENCE North 31 degrees 14 minutes 45 seconds West a distance of 389 88 feet to a
point for a comer,
THENCE North 38 degrees 41 minutes 43 seconds West a distance of 205 14 feet to a
point for a corner.
THENCE North 58 degrees 58 minutes 14 seconds West a distance of 77 32 feet to a
point for a corner on the west side of said Irwin Tract,
THENCE North 31 degrees 01 minute 47 seconds
seconds East, call), a distance of 280 30 feet, to a 2- 1/2-in h found iron og
d for an le50
point,
THENCE North 28 degrees 57 minutes 25 seconds East (North 29 degrees o0 minutes 40
seconds East, call), a distance of 191 53 feet (191 W call) to a 1/2-mch found iron rod for
most northerly northwest comer of said lrwm tract, said comer also being the northeast
comer of 19 Addition, an addrtiou to the City of Texas as recorded In Cab
D, Page 1911 (P R-D T ), said comer also lying on the osouth-right-way line of the met
aforementioned East McKinney Street,
EXHIBIT B --
THENCi~ South 62 degrees 23 minutes 48 seconds East (South 62 degrees 06 minutes 37
seconds Eaa4 call), departing said westerly hne and along the north line of said Irwin
tract, a distance of 459 07 feet (45914' call), to a 1/2-inch set iron rod with cap for the
beginning of a otrcular curve to the left, having a radius of 1319 86 feet and whose chord
bears South 65 degrees 07 minutes 06 seconds East (South 64 degrees 42 minutes 19
seconds East, call), a distance of 125 36 feet.
THENCE Southeasterly, along sand north and said curve to the left, through a central
angle of 05 degrees 26 minutes 38 seconds, an arc distance of 125 41 feet to the POINT
OF BEGINNING AND CONTAINING 500,126 square feet or 114951 acres of land
more or less