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1991-058berno Note Site plan map attached to original NOTE Amended by 94-037 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CHANGE FROM ONE-FAMILY (SF-7) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLAS- SIFICATION AND USE DESIGNATION FOR 7 4 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF BERNARD AND COLLINS STREETS, APPROVING A DEVEL- OPMENT PLAN FOR THE DISTRICT, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Dale Irwin has applied for a change in zoning for 7 4 acres of land from One-family (SF-7) to Planned Development (PD) zoning district classification and for approval of a development plan for the district, and WHEREAS, on March 20, the Planning and Zoning Commission rec- ommended approval of the requested change in zoning and the approv- al of the development plan, and WHEREAS, the City Council finds that the change in zoning and approval of the development plan 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 classification and use designation of the 7 4944 acres of land described in Exhibit A, attached to and incorporated into this ordinance by reference, is changed from One-family (SF-7) to Planned Development (PD) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas SECTION II That Exhibit B, attached to and incorporated into this ordinance by reference, is approved as the Development Plan for the district in accordance with article 11 of Appendix B-Zoning of the Code of Ordinances SECTION III That the City's official zoning map is amended to show the change in zoning district classification SECTION IV That this ordinance shall become effective immedi- ately upon its passage and approval PASSED AND APPROVED this the f « day of 1991 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROV AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY IQ\ PAGE 2 Exhibit "A" 7369B F I E L D N O T E S 7 4944 Acre Tract Being all that certain tract or parcel of land that Le situated in the Alexander Hill Survey, Abstract Number 623, Denton County, Texas, being a portion of a certain (called) 8 000 more or leas acre tract deeded by Fannie O Sanders, et al, to R L Whiteside on the 2nd day of April, 191§, of record in Volume 146, Page 512 of the Deed Records in and for theiCounty of Denton and State of Texas, and being more fully described as follows Beginning at a cross tie fence corner at the Northeast corner of said 8 000 acre more or less tract on the South boundary line of Collins Street, Thence South 01 degrees 44 minutes 40 seconds West along and near a fence to a cross tie fence corner at the Southeast corner of said 8 000 acre tract a distance of 460 70 feet to a fence corner post, Thence South 89 degrees 50 minutes 50 seconds West along and near a fence to a fence corner at the South Southwest corner of said 8 000 acre tract a distance of 610 20 feet to a fence corner post; Thence North 01 degrees 55 minutes 32 seconds East along and near a fence to a fence corner at the Northeast corner of a lot described in a deed from R L Whiteside to Harvy L Sizemore of record in Volume 301, Page 45, of the Deed Records in and for the County of Denton and State of Texas, a distance of 176 79 feet to a fence corner post; Thence North 89 degrees 44 minutes 53 seconds West along a fence a distance of 149 69 feet to a fence corner post; Thence North 01 degrees 12 minutes 56 seconds East along the East boundary line of Bernard Street a distance of 290 47 feet to a steel pin on the North boundary line of said 8 000 acre tract at the intersection of the East boundary line of Bernard Street with the South boundary line of Collins Street; Thence South 89 degrees 34 minutes 34 seconds East along the South boundary line of Collins Street also being the North boundary line of said 8 000 acre tract a distance of 761 83 feet to the Point of Beginning and containing in all 7 4944 acres of land Exhibit B DEVELOPMENT PLAN FOR THE OTHER PLACE General Information (1 page) Site Plan (1 page) General Information 1 Relationship to the Master Plan The area is designated for low intensity use, which is defined by the Denton Development Plan as less than 12 dwelling units per acre This project will have a maximum of 88 dwelling units on 7 4 acres, or 11 8 dwelling units per acre 2 Size 7 4944 acres 3 Permitted Uses Apartments 4 Development Standards As shown on the site plan, including the following (a) The limitation of one and one-half stores shall mean a limitation of twenty feet (b) The buildings fronting Bernard will have a "California contemporary" architectural style similar to the one story office building at 519 S Carroll J \wpdocs\ord\1rwin-1 ord ORDINANCE NO -631 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 MULTIPLE-FAMILY - 1 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH CONDITIONS (MF-1-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 14Q„ (PD-140) and Planned Development No 94 (PD-94), respectively, to Multiple-Family - 1 with conditions (MF-1-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 classification 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-1-c) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas SSgCTION 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 it 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 uses Active recreational uses include, but are not limited 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 sgCTION 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 SSACTION 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 ah day of 1994 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APP OVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY A--"--& G PAGE 3 Collins/Bernard EXHIBIT A NORTH Conceptual Circulation Plan Date 2/17/94 00011 My 0 v v COWaPTUAL GIIeGULATION MAN