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HomeMy WebLinkAbout1982-020NOTE Amended by Ordinance No 98-243 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 A 100 FOOT BY 131 FOOT LOT LOCATED AT THE SOUTHEAST CORNER OF EAGLE DRIVE AND AVENUE D IN THE CITY OF DENTON, 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 lot, tract or parcel of land out of the Eugene Puchalski Survey, Abstract No 996, in Denton County, Texas, described as follows BEGINNING at the intersection of the east line of Avenue D, with the south line of Mill Street in the CitV of Denton, Texas, THENCE south along the east line of Avenue D 100 feet for corner in said east line, THENCE east parallel with the south line of Mill Street 131 feet, more or less, for corner in the west line of Block A of the J S Williams Addition, THENCE north parallel with the east line of Avenue D 100 feet for corner in the south line of Mill Street the northwest corner of above addition, THENCE west along the south line of Mill Street 131 feet, more or less, to the place of beginning is hereby changed from Single -Family "SF-7" District Classification Use to Planned Development "PD" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas, with the following specifications and conditions 1 Access will be provided off Avenue D only, 2 A six foot (6') solid wood fence will be erected along the east and south property lines, 3. A detailed site plan showing landscaping, access, parking and building dimensions as per City of Denton standards shall be submitted for review and approval 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, 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 of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, amonq other things for the character of the district and for its peculiar suitability or particular uses, and with a view to Z-1524-JAMES WILLIAMS-PAGE ONE 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 23rd day of February, 1982 �ez � Je — C 0 STEWMW, CITV OF DE TON, TEXAS ATTEST CHARLOTTE AL EN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TEXAS BY C, Z-1524-DAMPAGE TWO - 30 I)AN 19 1981 I �- 131 S NRUIIS ]MALL i TREES IQ W I © LARGE TREE 7 wx z lJ 0 w O a„� Q I PRLP.SEO gig jjr 11.J INf �' 1 �e I r I- J u � ' 3n of JSl 1 T —y Z-A i 1 � X�X K- /n wOOD n S)TE PLAN CITY OF JENTON SMELL, FIELDS & ASSOC, INC Z98 033 ORDINANCE NO 4 R_VQ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, RESCINDING ORDINANCE 82-20 CREATING PLANNED DEVELOPMENT 37 (PD 37) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, AND PROVIDING FOR A CHANGE FROM SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, TO ESTABLISH PLANNED DEVELOPMENT 167 (PD 167) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, CONTAINING 2 112 ACRES LOCATED ON THE SOUTH SIDE OF EAGLE DRIVE, THE WEST SIDE OF KENDOLPH DRIVE, THE NORTH SIDE OF WILSHIRE STREET AND THE NORTH SIDE OF THE SOON TO BE REALIGNED AVENUE D, PROVIDING FOR THE APPROVAL OF A DETAILED PLAN AND LANDSCAPE PLAN FOR SAID DISTRICT, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Bill Ward, on behalf of the five (5) property owners, University of North Texas, Jose Toledo, the Gore Family Realty, Itd , the Normile Family Partners and the MIltAI Corporation, has applied for a change in zoning for 2 112 acres of land from Planned Development 37 (PD-37) zoning district classification and use designation and Single Family 7 (SF-7) zoning district classification and use designation to Planned Development 167 (PD 167) zoning district classification and use designation, and the approval of a detailed plan and landscape plan for 2 112 acres located therein, and WHEREAS, on July 22, 1998, the Planning and Zoning Commission recommended approval of the requested change in zoning, and WHEREAS, on July 22, 1998, the Planting and Zoning Commission recommended rescinding planned development 37 (PD-37) and approval of the detailed plan and landscape plan with the condition that on -site visitor parking spaces be included, and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION That Ordinance 82-20, which created Planned Development 37 (PD 37), is hereby rescinded SECTION II That a copy of this ordinance shall be attached to Ordinance 82-20, showing that it has been rescinded SECTION III That the zoning district classification and use designation of the 2 112 acre property described in the legal description attached hereto and incorporated herein as Exhibit A, is changed from Planned Development 37 (PD-37) zoning district clasification and use designation and Single Family 7 (SF-7) zoning district classification and use designation to Planned Development 167 (PD 167) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas by approving the detailed plan which is attached hereto as Exlubit "B" and incorporated herein and subject to the following condition 1 That as part of the platting process for PD-167 that a crosswalk be included at the intersection of Kendolph and Eagle Drive SECTION IV That a landscape plan attached as Exhibit ' C" and incorporated herein, for the 2 112 acres comprising Planned Development 167 (PD 167) zoning district described by Exhibit A, is hereby approved SECTION V That the City's official zoning map is amended to show the change in zoning district classification SECTION V 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 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, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the day of 1998 S�� �.� JACEe,WLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY F ishared\dept\LGL\our DocumentsWrdmanceNV 8lZ 98 091 ordinance doc PAGE 2 EXHIBIT A PROPERTY DESCRIP110N and being tract of land of Lott 1, situatedIn all he E of Lot u 2 a4 ki Survey Block A J Sstract No 996 Williams Additionntonthe City Texas of Denton according to the plot recorded in Volume 343, Page 436 Plat Records Denton County Texas, sold 2112 acre tract being a portion of o certain tract of land described by deed to J Rafael Toledo and recorded In Volume 1130, page 967 Deed Records Denton County Texas being all of two certain tracts of land described by deeds to Jose Rafael Toledo end recorded in Volume 1135 Page 76 sold deed records and to Harold R Gore and Betty G Gore and recorded In Instrument No 97-60223, being a portion of three certain tracts of land as described by deeds to the State of Texas for the use and benefit of North Texas State University and recorded in Volume 909 Pogo 867 Volume 1841, Page 890 and Volume 906 Page 177 Deed Records Denton County Texas being a portion of Avenue D and sold 2112 acre tract of land being more particularly described by metes and bounds as follows Beginning at a 5" iron pin set in the west right—of—way line of Kendolph Drive and sold point bears South 03 07 58" (cast a distance of 1500 feet from the northeast corner of sold Lot 1 Block A and sold northeast corner being in the south right—of—way line of Eagle Drive, Thence South 030758" East along said west right—of—way line of Kendolph Drive a distance of 310 36 feet to a 3/8" iron pin found at the southeast corner of sold Lot 4, Block A and said point also being in the north right—of—way line of Wilshire Lane, Thence South 662954" West along sold north right—of—way line of Wilshire Lone and along the south property line of said Lot 4 a distance of 133 25 feet to a 3/8" iron pin found at the southwest corner of sold Lot 4, sold iron pin also being the soulheost corner of a certain tract of land described by deed to Gore Family Partners LTD and recorded in Instrument No 93-36700 sold deed records Thence North 0307'56" West, leaving sold north right—of—way line and along cornmOO IInA9 of said Lot 4 and said Gore tracts a distance of 104 83 feet 1/2" iron pin found at the northeast corner of sold Gore tract, Thence South 87 0137" West, o distance(( of 185 42 feet to a 5/8 Iron pin set In the proposed new theleftwhoseradiusisne of Avenue D34000 feet ond8o'ngublic chordi'bearsf North 463215" and said West int being in feet to tThence hrough along aacentral angleof26h26'S9"w an tine and along are length of 156d96urve feetin a to an5/8"� ironrlPPin direction istance feet to aThence orth 5/859 on'4pin settatcthe Intersectionsofdsad easterlyright—of—waylineline a dAvenue Df and proposed new southerly right—of—way lime of Eagle Drive and said point also being in a curve to the right whose radius is 20000 feet and long chord bears North 63 30 49" East 15675 feet Thence through along central angle southerly 46g00 37" an are length along 161 07 curve feet to o P—Khnailtset direction Thence North 86 35 11" East a distance of 755 feet to a P—K nail sat Thence North 0321*12" West o distance of 1000 feet to o P—K nail set, Thence North 8635'11" East 1500 feet parallel with the south right—of—woy line of Eagle Drive a distance of 30328 feet to the Point of Beginning and containing 92 333 square feet or 2112 acres of land DATE JULY 6 1998 EXHIBIT A SCALE 1' 100' CD=46 08'37" R=200 00 L-161 07 tV L C =N6 0'49"E 1567 1�1 S(IN D 26-26"59"'� R 340 00 L 156 96 T=79 90 L C �N46'2'15"1555 DATE JULY 6 1993 VI EAGLE DRIVE 6 P—K NAIL SET O 101 a/a IRON 92 333 3 F / 2 112 ACRE PIN SET M14 JW MJI Y" J wt Ai A JI•J60 IM J 42' PIN FOUNO a[8 IRON—. vIN SET 185 C, 870137 � W ""' e".vu"..". co �M Inco w i" e �gMieP lA g r 133 25' Vi 86*29 54 d e IRON / S PH FOUNO WILSHIRE LANE U) POINT OF BEGINNING IRON PIN SET IRON PIN FOUNO PIPEXHIBIT Ila II II�9li>I I� ;I ��