HomeMy WebLinkAbout2001-429ORDINANCENO ' y
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM SINGLE-FAMILY-7 (SF-7) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION ALLOWING MULTI -FAMILY USES FOR
APPROXIMATELY I ACRE OF LAND COMMONLY KNOWN AS 702, 710, 714 AND 718
LAKEY STREET GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE
INTERSECTION OF LAKEY STREET AND WILSON STREET LOCATED IN THE H C
HIRAM SURVEY, ABSTRACT 616, PROVIDING A CONCEPT PLAN ENCOMPASSING
APPROXIMATELY 1 ACRE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND
AN EFFECTIVE DATE (ZO1-0033)
WHEREAS, Denton Housing Authority initiated a change in zoning for approximately one
acre of land from One Family Dwelling (SF-7) zoning district classification and use designation to
planned development (PD) zoning district classification and use designation for multi -family uses,
and
WHEREAS, on October 10, 2001, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommend approval of the requested change in zoning to a planned
development district with conditions, 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 approximately 1
acre property described in the legal description attached hereto and incorporated herein as Exhibit A
is changed from One Family Dwelling (SF-7) zoning district classification and use designation to
Planned Development (PD) conditioned zoning district classification and use designation allowing
multi -family uses and the Concept Plan attached hereto and incorporated herein as Exhibit B is
hereby approved, subject to the following conditions
1, Residents are limited to persons of age 62 and older
2, Conditions shown in Exhibit B
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 this ordinance shall, upon conviction, be
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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 5 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 to 4 day of X979ffi>h
. 2001
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITE' ATTORNEY
m
EULINE BROCK, MAYOR
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Exhibit A
Legal Description of ZO1-0033
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN
THE H C 1 HIRAM SURVEY, ABSTRACT NUMBER 616, AND BEING ALL OF A CALLED
0 34 ACRE TRACT, DESCRIBED IN A DEED TO DENTON HOUSING AUTHORITY
RECOREP IN VOLUME 4581, PAGE 739, REAL PROPERTY RECORDS, DENTON COUNTY,
TEXAS, AND BEING ALL OF TRACT OF LAND DESCRIBED IN DEED TO REVEREND
MILTON LOTT et ux RECORDED IN VOLUME 4566, PAGE 2015, REAL PROPERTY
RECORDS DENTON COUNTY, TEXAS, AND BEING ALL OF A CALLED 0 19 ACRE
TRACT, DESCRIBED IN DEED TO DENTON HOUSING AUTHORITY RECORDED IN
VOLUME 4560, PAGE 607, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND
BEING ALL OF A CALLED 0 19 ACRE TRACT DESCRIBED IN DEED TO DENTON
HOUSING AUTHORITY RECORDED IN VOLUME 4560, PAGE 615, REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS
BEGINNING AT A FOUND IRON PIN AT THE SOUTHWEST CORNER OF SAID 0 19 ACRE
TRACT RECORDED IN VOLUME 4560, PAGE 615, BEING THE NORTHWEST CORNER OF
A TRACTi OF LAND DESCRIBED IN A DEED TO ROBERT ERVIN RECORDED IN VOLUME
2284, PAGE 460, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING
ON THE EAST LINE OF A TRACT OF LAND DESCRIBED IN A DEED TO BILLY RAY
REDMON RECORDED IN VOLUME 2318, PAGE 412 REAL PROPERTY RECORDS,
DENTON COUNTY, TEXAS,
THENCE NORTH 00 DEGREES 32 MINUTES 49 SECONDS EAST WITH THE WEST LINE OF
SAID 0 19 ACRE TRACT RECORDED IN VOLUME 4560, PAGE 615, A DISTANCE OF 50 04
FEET TO'A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID 0 19 ACRE TRACT
RECORDED IN VOLUME 4560, PAGE 615, BEING THE SOUTHWEST CORNER OF SAID
0 19 ACRE TRACT RECORDED IN VOLUME 4560, PAGE 607, AND BEING ON THE EAST
LINE OF A CALLED 0 1988 ACRE TRACT DESCRIBED IN A DEED TO WILLIAM FLOYD
BILLS et ux, RECORDED IN VOLUME 4396, PAGE 436 REAL PROPERTY RECORDS,
DENTON COUNTY, TEXAS„
THENCE NORTH 01 DEGREES 13 MINUTES 49 SECONDS EAST WITH THE EAST LINE OF
SAID BILLS TRACT, A DISTANCE OF 62 52 FEET TO A FOUND IRON PIN AT THE
NORTHEAST CORNER OF SAID BILLS TRACT, BEING THE SOUTHEAST CORNER OF A
TRACT OF LAND DESCRIBED IN A DEED TO JAMES L PRICE RECORDED IN VOLUME
635, PAGE 339, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING ON THE WEST
LINE OF'SAID LOTT TRACT,
THENCE NORTH 01 DEGREES 49 MINUTES 01 SECONDS EAST WITH THE EAST LINE OF
SAID PRICE TRACT, A DISTANCE OF 55 44 FEET TO A 1/2 INCH IRON PIN SET WITH A
YELLOW PLASTIC CAP STAMPED H&N 1849 AT THE NORTHWEST CORNER OF SAID
LOTT TRACT, BEING THE SOUTHWEST CORNER SAID 0 34 ACRE TRACT, AND BEING
ON THE EAST LINE OF SAID PRICE TRACT,
THENCE NORTH 01 DEGREES 13 MINUTES 13 SECONDS EAST WITH THE EAST LINE OF
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SAID PRICE TRACT AND THE WEST LINE OF SAID 0 34 ACRE TRACT, A DISTANCE OF
95 00 FEET TO 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED H&N
1849 AT THE NORTHEAST CORNER OF SAID PRICE TRACT AND THE NORTHWEST
CORNER OF SAID 0 34 ACRE TRACT, AND BEING ON THE SOUTH RIGHT-OF-WAY LINE
OF WILSON STREET,
THENCE SOUTH 88 DEGREES 38 MINUTES 36 SECONDS EAST WITH THE SOUTH RIGHT-
OF-WAY LINE OF WILSON STREET AND NORTH LINE OF SAID 0 34 ACRE TRACT, A
DISTANCE OF 157 03 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP
STAMPED H&N 1849 AT THE NORTHEAST CORNER OF SAID 0 34 ACRE TRACT, AND
BEING THE INTERSCTION OF THE SOUTH RIGHT-OF-WAY LINE OF WILSON STREET
AND THE WEST RIGHT-OF-WAY LINE OF LAKEY STREET,
THENCE SOUTH 00 DEGREES 33 MINUTES 06 SECONDS WEST WITH THE EAST LINE OF
SAID 0 34 ACRE TRACT, A DISTANCE OF 95 01 FEET 1/2 INCH IRON PIN SET WITH A
YELLOW PLASTIC CAP STAMPED H&N 1849 AT THE SOUTHEAST CORNER OF SAID
0 34 ACRE TRACT, BEING ON THE NORTH LINE OF SAID LOTT TRACT,
THENCE SOUTH 88 DEGREES 38 MINUTES 36 SECONDS EAST WITH THE NORTH LINE
OF SAID LOTT TRACT, A DISTANCE OF 8 89 FEET TO A 1/2 INCH IRON PIN SET WITH A
YELLOW PLASTIC CAP STAMPED H&N 1849 AT THE NORTHEAST CORNER OF SAID
LOTT TRACT,
THENCE SOUTH 01 DEGREES 13 MINUTES 13 SECONDS WEST WITH THE EAST LINE OF
SAID LOTT TRACT, A DISTANCE OF 68 00 FEET AT THE SOUTHEAST CORNER OF SAID
LOTT TRACT AND THE NORTHEAST CORNER OF SAID 0 19 ACRE TRACT RECORDED
IN VOLUME 4560, PAGE 607,
THENCE SOUTH 01 DEGREES 29 MINUTES 28 SECONDS WEST WITH THE EAST LINE OF
SAID 0 19 ACRE TRACT RECORDED IN VOLUME 4560, PAGE 607, A DISTANCE OF 50 00
FEET TO A FOUND IRON PIN AT THE SOUTHEAST CORNER OF SAID 0 19 ACRE TRACT
RECORDED IN VOLUME 4560, PAGE 607 AND THE NORTHEAST CORNER OF SAID 0 19
ACRE TRACT RECORDED IN VOLUME 4560, PAGE 615,
THENCE SOUTH 00 DEGREES 56 MINUTES 58 SECONDS WEST WITH THE EAST LINE OF
SAID 0 19 ACRE TRACT RECORDED IN VOLUME 4560, PAGE 615, A DISTANCE OF 50 00
FEET TO A FOUND IRON PIN AT THE SOUTHEAST CORNER OF SAID 0 19 ACRE TRACT
RECORDED IN VOLUME 4560, PAGE 615,
THENCE NORTH 88 DEGREES 38 MINUTES 36 SECONDS WEST WITH THE SOUTH LINE
OF SAID 0 19 ACRE TRACT RECORDED IN VOLUME 4560, PAGE 615, A DISTANCE OF
167 03 FEET TO THE POINT -OF -BEGINNING, AND CONTAINING IN ALL 0 989 ACRE OF
LAND
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Exhibit B
Concept Plan of ZO1-0033
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Concept Plan Requirements for
ZO1-0033
Relation to Master Plan- The Planned Development will be designed to be compatible with the
surrounding neighborhood and is consistent with the intent of The Denton Plan
Acreage. Approximately I acre
Land Use Allowed* Planned Development for Multi family for two four-plex units for elderly
housing (Maximum density 8 units per acre) Residence is limited to person of ages 62 or older
Development Standards.
1
Minimum Lot Area
2
Minimum Lot Width
3
Minimum Lot Dept
4
Minimum Setbacks
6,000 square feet
60'
100,
a Front 25'
b Side 10' or 1' per 2' of height not to exceed 50'
c Rear 10' or 1' per 2' of height not to exceed 50'
5 Maximum Building Heights One (1) Story
6 Maximum Building Coverage 40%
7 Parking Standards MF-1 Zoning District requirements
The Detailed Plan will address the following issues
1 The architecture shall appear as a single-family house
2 Open space
3 Adequate buffering
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