HomeMy WebLinkAbout2001-2615 Wo, W...ub ,.WIZ 01A 12 Coo
ORDINANCE NO di '01-64 1
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM TWO FAMILY DWELLING CONDITIONED (2F[C]) AND ONE FAMILY
DWELLING CONDITIONED (SF-10[C]) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION FOR APPROXIMATELY 2 1 ACRES OF LAND LOCATED ON THE
SOUTHWEST CORNER HINKLE STREET AND HAGGARD LANE, TO ALLOW FOR A
DEVELOPMENT OF MULTIFAMILY HOUSING, PROVIDING FOR APPROVAL OF A
CONCEPT PLAN FOR THE DISTRICT, PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE (Z-01-0012)
WHEREAS, The Denton Housing Authority has applied for change in zoning for 2 1 acres of
land from Two -Family Conditioned (217[c]) and One -Family Dwelling Conditioned (SF-10[c])
zoning district classification and use designation to Multi -Family (MF-1) zoning district
classification and use designation with the intent to develop a 20-unit multifamily development for
the elderly, and
WHEREAS, on June 27, 2001 the Planning and Zoning Commission concluded a public
hearing as required by law and recommended approval of the requested change in zoning but with
the added requirement that such zoning change will be a planned development district, and
WHEREAS, the City Council finds that the change in zoning is consistent with the
Comprehensive Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The zoning district classification and use designation of the 2 1 acre property
described in the legal description attached hereto and incorporated herein as Exhibit "A" is changed
from Two -Family Conditioned (217[c]) and One -Family Dwelling Conditioned (SF-10[c]) zoning
district classification and use designation to Planned Development (PD) zoning district classification
and use designation and a Concept Plan for the 2 1 acres is adopted, said Concept Plan being
attached hereto and incorporated herein as Exhibit "B" for all purposes, to allow a multifamily
elderly housing development under the comprehensive zoning ordinance of the City of Denton,
Texas, subject to the following conditions
Residents are limited to persons of age 62 and older
A drainage study will be required at time of the detailed plan approval The Study
could result in further limits maximum density which will be reflected in the
ordinance approving the detailed plan
Page 1 of 2
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SECTION 2 The City's official zoning map is amended to show the change in zoning
district classification
SECTION 3 If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable
SECTION 4 Any person violating any provision of tins 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
SECTIONS 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 N _� day of 2001
ATTEST
JENNIFER WALTERS, CITY SECRETARY
rM
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CJTY ATTORNEY
BY -L
EULINE BROCK, MAYOR
Page 2 of 2
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EXHIBIT A
31827F
11/02/00
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE
SO HIRAM SURVEY, ABSTRACT NUMBER 616, DEMON COUNTY, TEXAS, BEING ALL OF
A CALLED 2 17 ACRE TRACT OF LAND DESCRIBED IN A DEED TO DENTON HOUSING
AUTHORITY, RECORDED IN VOLUME 4575, PAGE 524, REAL PROPERTY RECORDS
DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT A 'X" FOUND IN CONCRETE AT THE NORTHEAST CORNER OF SAID 2 17
ACRE THE INTERSECTION OF HE SOUTH RIGHT-OF-WAY LINE OF HAGGARD STREET
AND THE WEST RIGHT-OF-WAY LINE OF HINKLE DRIVE
THENCE SOUTH 00 DEGREES 45 MINUTES 46 SECONDS WEST WITH A EAST LINE OF
SAID 2 17 ACRE TRACT AND THE WEST RIGHT-OF-WAY LINE OF HINKLE DRIVE, A
DISTANCE OF 246 27 FEET TO A 'X' FOUND IN CONCRETE AT THE EASTERN MOST
SOUTHEAST CORNER OF SAID 2 17 ACRE TRAC, BEING ON THE NORTH LINE OF A
TRACT OF LAND DESCRIBED IN A DEED TO KELLY BROOKS RECORDED IN VOLUME
441. PAGE 637. DEED RECORDS DENTON COUNTY, TEXAS, if
HENCE NORTH 89 DEGREES 17 MINUTES 03 SECONDS WEST WITH A SOUTH LINE OF
SAID 2 17 ACRE TRACT AND A NORTH LINE OF SAID BROOKS TRACT, A DISTANCE OF
246 70 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED
H&N 1849 AT AN INNER ELL CORNER OF SAID 2 17 ACRE TRACT, BEING THE
NORTHERN MOST NORTHWEST CORNER OF SAID BROOKS TRACT,
THENCE SOUTH O1 DEGREES 25 MINUTES 43 SECONDS EAST WITH A EAST LINE OF
SAID 2 17 ACRE TRACT AND A WEST LINE OF SAID BROOKS TRACT, A DISTANCE OF
69 37 FEET TO A FOUND IRON PIN AT THE SOUTHERN MOST SOUTHEAST CORNER OF
SAID 217 ACRE TRACT, BEING AN INNER ELL CORNER OF SAID BROOKS TRACT,
THENCE NORTH 88 DEGREES 42 MINUTES 36 SECONDS WEST WITH A SOUTH LINE OF
SAID 2 17 ACRE TRACT AND A NORTH LINE OF SAID BROOKS TRACT, A DISTANCE OF
169 48 FEET TO A FENCE CORNER POST AT HE SOUTHWEST CORNER OF SAID 2 17
ACRE TRACT, BEING THE EASTERN MOST SOUTHEAST CORNER OF A TRACT OF LAND
DESCRIBED IN A DEED TO DAMLANA GONZALES HUNTER, RECORDED IN VOLUME 942,
PAGE 870, DEED RECORDS DENTON COUNTY, TEXAS
THENCE NORTH 02 DEGREES 50 MINUTES 33 SECONDS EAST WITH A WEST LINE OF
SAID 2 17 ACRE TRACT AND A EAST LINE OF SAID HUNTER TRACT, A DISTANCE OF
205 47 FEET TO A FENCE CORNER POST AT HE WESTERN MOST NORTHWEST
CORNER OF SAID 2 17 ACRE TRACT, BEING THE SOUTHWEST CORNER OF A TRACT OF
LAND DESCRIBED IN A DEED TO CURTIS L HIMES at ux, RECORDED IN VOLUME
AH 2341, PAGE 470, REAL PROPERTY RECORDS DENTON COUNTY TEXAS,
HENCE NORTH 88 DEGREES 11 MINUTES 29 SECONDS EAST WITH A NORTH LINE OF
SAID 2 17 ACRE TRACT AND THE SOUTH LINE OF SAID HIMES TRACT, A DISTANCE OF
98 24 FEET TO A 2" STEEL FENCE CORNER POST AT AN INNER ELL CORNER OF
SAID 2 17 ACRE TRACT BEING HE SOUTHEAST CORNER OF SAID HIMES TRACT
THENCE NORTH 03 DEGREES 47 MINUTES 56 SECONDS EAST WITH A WEST LINE OF
SAID 2 17 ACRE TRACT AND THE EAST LINE OF SAID HIMES TRACT A DISTANCE OF
94 09 FEET TO A FOUND IRON PIN AT THE NORTHERN MOST NORTHWEST CORNER OF
SAID 2 17 ACRE TRACT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF HAGGARD
STREET,
THENCE NORTH 88 DEGREES 38 MINUTES 10 SECONDS EAST WITH A NORTH LINE OF
SAID 2 17 ACRE T�OF HAGGD
DISTANCE OF 2831133C FEETDTOH HE PONT-OF-BEGINNISOUTH RIGA GLINE AND CONTAININGNRN1 A
2173 ACRES OF LAND
a4t
SURVEYOR'S CERTIFICATE
I, GARY W HAMMETT, DO HEREBY CERTIFY THAT A SURVEY WAS MADE ON THE
GROUND THIS 2nd DAY OF NOVEMBER 2000 THE PROPERTY DESCRIBED HEREON
AND THERE AR NO (VISIBLE) ENCROACHMENTS, PROTRUSIONS OVERLAPPING OF
IMPROVEMENT EXCEPT AS SHOWN HEREON
OF TF,
GA AM
DKII111:111111111111.
HINKLE ADDITION CONCEPT PLAN
Relation to Master Plan The proposed Planned Development will be designed to be
compatible with the surrounding neighborhood and is
consistent with the intent of the Denton Plan
Acreage 2 17 acres
Proposed Land Use Multi -Family Elderly Housing
Density Not to exceed 10 units per acre
Development Standards'
1 Minimum Lot Area 6,000 Square Feet
2 Minimum Lot Width 60'
3 Minimum Lot Depth 100,
4 Minimum Setbacks
a Front 25'
b Side 10' or V per 2" of height not to exceed 50'
c Rear 10' or V per 2" of height not to exceed 50'
5 Maximum Building Heights One (1) story
6 Maximum Budding Coverage 40%
7 Parking Standards MF-1 Zoning District requirements
The Detailed Plan will address the following issues
■ Architectural compatibility to surrounding neighborhood
• Open Space
■ Adequate buffering to adjacent single-family uses
• A drainage study The results of the drainage study could limit density
LOCATION MAI'