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1994-037A j:\wpdocs\ord\irwin-l.ord NOTE: AMENDED BY ORDINANCE 96-111 NOTE : AMENDED BY ORDINANCE 96-059 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE IN ZONING FROM PLANNED DEVELOPMENT NO. 140 AND PLANNED DEVELOPMENT NO. 94 TO ~U3LTIPLE-FAMILY - i ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH CONDITIONS (MF-I-C) FOR 11.92 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF BERNARD AND COLLINS STREETS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR vIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Dale Irwin has applied for a change in zoning for 7.494 and 4.427 acres of land from Planned Development No. 140 (PD-140) and Planned Development No. 94 (PD-94), respectively, to Multiple-Family - 1 with conditions (MF-i-c) zoning district classification and use designation; and WHEREAS, on February 23, 1994, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION___~I. That the zoning district classlflcatl and use designation of 11.92 acres of land, 7.494 acres being described in PD-140 (ordinance No. 91-058) and 4.427 acres being described in PD-94 (Ordinance No. 85-61), respectively, is changed from Planned Development to Multiple-Family - 1 with conditions (MF-i-C) zoning district classification and use designation under the comprehensive zoning ordinance of the city of Denton, Texas. SECTION II. That the district shall be subject to the following conditions pursuant to Division 5 of Article III of Chapter 35 of the Code of Ordinances: 1. The maximum allowed number of units on the total 11.92 acres shall be 142. Should the two properties remain separate and be developed separately, the maximum allowed number of units on the 7.494 acre tract shall be 88 and the maximum allowed number of units on the 4.4275 acre tract shall be 54. 2. Setbacks shall be as follows: Front yard (collins/Bernard Streets) - 25 feet Side yard (interior) - 10 feet Side yard (adjacent to single family residential fronting Bernard) - 15 feet Rear yard - 10' except that on the 7.494 acre tract a minimum of 120' shall be maintained along the east property line for drainage purposes. The easternmost 60' of this setback may be utilized for passive recreational uses to include but not limited to jogging trails, picnic facilities and similar non- active recreational facilities. The remaining 60' of the setback may be utilized for passive or active recreational ' 1 include but are not limited uses. Active recreatlona uses , to, volleyball, tennis, hand ball, and swimming pool facili- ties. 3. The regulations of the Denton Landscape Code relating to landscaping, screening and tree preservation shall be met. The existing trees and vegetation in the required 120' setback along the east property shall be maintained as buffering. Solid landscape screening of at least 6' in height shall be provided to the existing SF-7 lots on Bernard Street. A tree inventory shall be provided prior to submittal for a building permit to determine the location of protected trees. 4. No parking spaces shall be allowed adjacent to Bernard Street. No head-in parking spaces shall be allowed adjacent to Collins Street. 5. The maximum height of any proposed building shall not exceed 2 1/2 stories~ however any buildings fronting on Bernard Street may not exceed 1 1/2 stories in height. 6. A minimum 20% of the site shall be used for open space or recreational uses. 7. The interior circulation on the 7.494 acre site shall be designed to encourage equal usage of both proposed driveways. The circulation layout shall be designed similar to the conceptual circulation plan identified as Exhibit "A" and attached hereto and made a part thereof for all purposes. 8. Should the two properties be developed separately, a reciprocal access easement shall be granted allowing access from the 4.4275 acre tract across the 7.494 acre tract. SECTION III. That the City's official zoning map is amended to show the change in zoning district classification. SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. 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 PAGE 2 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 the~~ day of ~, 1994. BOB CASTLEBERRY, MAWR -~'~-~. ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 3 Collins/Bernard ~×~ A NORTH I~L~ Conceptual Circulation Plan Date: 2/17/94 Scale: None Z-96-002 ORDINANCE NO. ~I~--OS 9 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 94-037A TO INCREASE THE DENSITY FROM TWELVE (12) UNITS PER ACRE TO SIXTEEN (16) UNITS PER ACRE, AND TO INCREASE THE MAXIMUM ALLOWED BUILDING HEIGHT FROM 2~ STORIES TO 3 STORIES, FOR 11.92 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF BERNARD AND COLLINS STREETS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. William Dahlstrom, on behalf of Mr. Craig Irwin, initiated an amendment to Ordinance 94-037A to increase the density from twelve (12) dwelling units per acre to sixteen (16) dwelling units per acre, and to increase the maximum allowed building height from 2~ stories to 3 stories for 11.92 acres located on the south- east corner of Bernard and Collins Streets; and WHEREAS, on February 28, 1996, the Planning and Zoning Commis- sion recommended approval of the amendment to Ordinance 94-037A; and WHEREAS, the City Council finds that this amendment to Ordi- nance 94-037A will be in compliance with the Denton Development Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Ordinance 94-037A is amended with respect to the following particulars; all provisions not herein amended shall remain in full force and effect: Condition 1. The maximum allowed density is sixteen (16) dwelling units per acre. Condition 5. The maximum height of any proposed building shall not exceed 3 stories, however any build- ings fronting on Bernard Street may not exceed 1~ stories in height. ~ECTION II. That a copy of this ordinance shall be attached to all copies of Ordinance 94-037A, showing the changes herein made. SECTION III. That the City's official zoning map is amended to show the change in zoning district classification. 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, 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 ~~_~, 1996. ATTEST: BoB CASTLEBERR~~ JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY PAGE 2 Z-96-002.R2 075 CITY OF DENTON, TEXAS, AMENDING ORDINANCES AN ORDINANCE OF THE ........ ~ ~RRECTED LEGAL DESCRIPTION AND 96-059, BY APPKuvimu 94-037A .... nonuT~7~ FOR AN EFFECTIVE DATE. APPLICABLE TO BOTH; ~u ..... william Dahlstrom, on behalf.of Mr. Craig Irw%n, '. ,WHEREAS. Mr ...... ~inance 94-037A to ~ncrease the density initiated an amen~menu from twelve (12) dwelling units per acre to sixteen (16) dwelling units per acre, and to increase the maximum allowed building height from 2~ stories to 3 stories for 11.92 acres located on the south- east corner of Bernard and Collins Streets; and WHEREAS, on February 28, 1996, the Planning and Zoning Commis- sion recommended approval of the amendment to ordinance 94-037A; and WHEREAS, the City Council found that such amendment to ordi- nance 94-037A was in compliance with the Denton Development Plan, and approved ordinance 96-059 to effect the change in zoning; and WHEREAS, it was subsequently discovered that the legal ' a minor error; ' n descriptlO attached to Ordinance 94-037A contained and WHEREAS, the City Council finds that the error was minor and not material to any zoning uses allowable on the property, nor to any prior decision to zone or rezone the property, and that ordinances 94-037A and should be further amended to correct the legal description attached thereto; NOW, THEREFORE THE coUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: · hat ordinance 94-037A is hereb~ amended b~ SECTION I_ ? ~ ' ~- ~ hed thereto w~th the ~eg~ replacing the le~a~ ~esc~lPk~~orated herein as Exhibit 1. description attacned nereuo . SECTION II. That Ordinance 96-059 is hereby amended to Incorporate by r~ference the corrected legal description attached hereto and incorporated by reference herein as Exhibit 1. ......... o~, of this ordinance sh~ll.be attached SECTION III. to al~-~pies of Ordinances 94-037A and 96-059, showing the changes herein made. 076 SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. PASSED ~D APPROVED this the ~ day of ~ , 1996. BOB CASTLE ATTEST: JE~IFER W~TERS, CITY SECRETLY Ap VE 'ALO LEG HERBERT L. PROUTY, CITY ATTO~EY PAGE 2 FIELD NOTES 11,92 Acre Zoning Dletdct Tract _A. II thot c~teln 11.~eom tract or I~rcel of lend eltucted In tho Alexander Hill 8urv,y, Abetmct ~,~__/..~ ,(~. :,.,.l~It,._~,w..,~ _n~_, ~l~x~..l?_d..l?!ng ?!, of thor.tract convoyed to Dele Invin et el by deed · _ ....~._ ..~.--,, ._.,,.,,~ ~v,u, pmge u~ roi, PTopany H~come of ,aid county Bnd OIl of Lot One, Block uno m 1he 5un country Addition, In addition to tho City of Denton em mhown by plat or map reonrdid In CiI)lnat 'F', page 300 Pllt Rocord~ of Mid county, ~nd cedeln eddltlonrJ contorted w#hln the public rlght-of-w~y~ of Bernard end Cofllna Str~wto, tumid 11.02 more pmrtlouledy dM~rlbed M fOIIow~: Beginning at = heft-loch Iron pin found nm · cro=atl, f~nc~ comer porn, ~ld pin being the northomR cormJr of Mid Irwin tr~,~t, elan b41ng In the occupied ocuth right of Wly line of Colllne ~trMt; ThmtO~ 8onth 00 degree~ 63 mlnutM 2~ ~ond~ We~t with the Mat line of Mid Irwin tmof m dlat~nce of 450.M feet to · heft-inch Iron pin found nemr. fence comer pcet, ,mid pin I~dng the mx~hm~t comer of mid Irwin tract, almo being th~ northMot comer of ~O1¢1 lot One; Thence ~outh 00 degreM 49 mlnutM 47 ~onda Weat with tho ~ line of Mid Lot One. dlatenm~ of 2'PJ.43 feet to · cedar fon~ ¢;omer poet for the occupied m~uthM~t oomer of Lot One; TllmnCe ~ 89 {legreet 31 minut03 19 monde We~t e dlatence of 800.88 feat to heft-Inch Iron pin found at the moat ~outhedy t~uthweat comer of Lot One, b~lng the mouthea~t corner Of e tr~=t onnveyed to Kenneth M. Hendrfck by deed r~-ord~d In Volume 1220, ~ 456 Reat Prop~ Recon~; Thence North 00 degreM 00 mlnutM 44 MConde Emot, paMIng at 60.50 fMt the northoeat corner of Mid Hendrlck tract, ~m~ being the eouthe~$t corner of ,~ tract conveyed to lattrick Pratt by deed r~corded In Volum~ 1245, page 247 Real Property I~ end mxttlnulng on. total dlatam~ of 120.00 ~ to e half-Inch Iron pin found at th~ northoMt comer of Mid Pratt teat, Mrna being ~n Inner all comer of ,mid Lot One; Thence ~uth 19 degrMe 31 mlnutee 19 MCOnd~ WMt · dlet~nce of 150.33 foot to flve. elglttm copper tooted Iron rod found In the ~t right of way line of Bernard ~treot for the moat WMtem enuthwm,t comer Of Mid Lot One; Thence North 63 deg~ 00 minute. 44 MCOnde F.~mt with the Mat right of wmy IIn~ of Bernard Street al dlttence of 67.75 feet to e helf4och iron pin found et th~ w~ nort~ com~' of raid LOf One. Mllt~ being the aouthw~lH corrt~r of convoyed to D~vld Manning et iii by cl~ record~ In Volume 1066, p~ 707 Real Property Thence North 49 ~gree. 5~ mlnut~ 03 ~ond= F~at a dletance of 12~;.00 feet to ItcH-Inch Iron pin found ~ th~ southeast corner of la~d ~,tcnnlng tract, larn~ I~lno cn Inner ell ~omor of laid Lot One; Thefmo North 00 degNM 00 mlnMM M eeoou(b Eeat c diet·nee of e0.03 fe~t to c hell. Inch Iron pin found at the moat north·dy northw~t comer of amid Lot eno, come imlntl tim north·eat comer of laid Manning tract; Thence North M (legmen 66 minutia 66 lacoudt Elet with the north firm d laid Lot One · dletanco of 21.16 feet to a helf4nch Iron pin found et the nmet Iouthem oOuthwlit comer of laid Irwin tract, ~ I~ng the couCh·eat comer of thee err, ct oouveyed to O. W. O'Rlar by deed recorded In Volum~ 203, peg· ~46 Deed Thcnco North 01 degraeu 03 minutia 31 Ne·nde bat a dlmnco of 176.~2 foot to c half-inch Iron pin found for lin Inner ill conmr of geld Irwin tract, lam~ i)dng tho norlhelet comer of a tract conveyed to Hin, ey L. Glzemora by dcod recorded In Volume 301, page 46 Died Recorde; Th·nM South eg MgrNe 46 minutia 20 wrench Waat, ixmalng et a dlmnco of 140.09 feet a half4nch Iron pin found In 111o occupied e~t dght-of-wW line of Bemlgd Street, ~ being tM ~xJfflw~t comer of Md Irwin trice, lind continuing on c total dlatonco of 184.88 feet to · point in the pavement of Bernard Straet;; Thence North 03 degree· 01 ndnutel 60 leG·nde EJlet foil·wing en Imaginary line In Md Beaird Street pavement a dlotlnci of 303.03 flat to · point In the Intorlactlon of BMnmrd 8Weat and Colllnc Street; Thence North 60 doUr·mi 27 mlnutel 66 lac·nde Elat following cn Imaginary line In the pavement of Cellini Street a dletince ot 777.61 feet to a point for tho nofthe;ust comer of the herein dlaedhod tract; Thence South O0 degmec 63 minute· 93 lac·nde Weat a diet·nco of 14.e0 foot to tho Plm:, of Beginning, containing In all 11.02 ~re~ of lind.