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1988-0312219L NO ff -L").3_ 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, AS AMENDED, AND AS SAID MAP APPLIES TO 6 5 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTIONS OF MINGO ROAD AND COOPER CREEK ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFI- CATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION, PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR SAID DISTRICT, PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I That the zoning classification and use designation of tJie_6_5acres of real property described in Exhibit "A", attached hereto and incorporated herein by reference, is hereby changed from Agricultural "A" District Classification and Use designation to Planned Development "PD" District Classification and Use designation under the comprehensive zoning ordinance of the City of Denton, Texas SECTION II That there is approved for the district hereby establisFeed- t-ie "Detailed Plan for Mingo Industrial Tract", labeled as Exhibit "B", attached hereto and incorporated by reference, so that hereafter the district shall be used and developed in accordance with the Detailed Plan herein approved subject to the additional following conditions (1) A maximum of twenty (20%) percent of the 9,800 square feet designated for general retail use may be utilized for restaurants and clubs serving alcoholic beverages based on the number of parking spaces as shown on the detailed plan (2) Electric distribution lines shall be underground SECTION III The Zoning Map of the City of Denton, Texas, adopte the t day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No 69-1, as amended, is hereby amended to show such change in District Classification and Use subject to the above conditions and specifications SECTION IV That the City Council of the City of Denton, Texas, here T inds that such change is in accordance with a com- prehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability for particular uses, and with a view to 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 V Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued there- under, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Thousand Dollars ($2,000 00) Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordi- nance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above SECTION VI That this ordinance shall become effective fourteen TM -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, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the & day of 1988 RAY S ENS, MAYOR ATTEST JE " W L 'RS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY W~ wuv. Z-1859/PAGE 2 COLEMAN & ASSOC. SURVEYING - 17 S LOCUST SUITE 106 P O BOX 686 DENTON TEXAS 76202 0686 (8171 565821F EXHIBIT "A" FIELD NOTES to all that certain tract of land situated in the Block A of the ~Iorreau Forest Survey Abstract Number 417 Denton County, Texas and be- ing a part of the called 10 acre tract described in the Deed from Ray McDonough et ux to D 0 Jones et ux recorded in Volume 483 Page 256 of the Deed Records of Denton County, Texas, as recognized and occupied on the ground, the subject tract being more particularly described as follows BEGINNING for the Southwest Corner of the tract being described herein at the intersection of the East line of Cooper Creek Road with the North line of `lingo Road and being In the South line of the said Jones Tract North 68 Degrees East about 34 feet from the Southwest Corner thereof in the West boutdary line of the said M Forest Survey, THEN(.E North with the East line of Cooper Creek Road a distance of „41 7 feet, more or less, to an angle point at a bend in the road, THENCE North 49 Degrees 23 Minutes East continuing with the East line of Cooper Creek Road a distance of 76 4 feet,more or less, to an angle point THENCE North 89 Degrees 30 Minutes East with the South line of Cooper Creel, Road a distance of 490 1 feet, more or less,to its intersection with the West line of the tract described in the Deed from D 0 Jones et ux to Cooper Creek Baptist Church recorded in Volume 483 Page 254 of the said Deed Re- cords, THENCE South 02 Degrees 25 Minutes East with the West line of the Church Tract a distance of 240 7 feet, more or less, to the Souhtwest Corner thereof in the North line of the tract described in the Deed from D 0 Jones et ux to Joy Swanson recorded in Volume 563 Page 565 of the said Deed Records, THENCE South 73 Degrees 57 Minutes West with the North line of the Swanson Tract a distance of 160 1 feet, more or less, to the Northwest Corner thereof, THENCE South 02 Degrees 35 Minutes East with the West line of the Swanson Tract a distance of 244 0 feet, more or less, to the Southwest Corner thereof in the North line of Mingo Road, THENCE South 68 Degrees 04 Minutes West with the North line of Mingo Road a distance of 447 8 feet, more or less, to the PLACE OF BEGINNING and en- closing 6 6 acres of land more or less These Field Notes were prepared from record information only R P S No 4001 Date William M Coleman n4001 z-1859 66.1 Don Curtis Mingo Industrial Tract EXHIBIT "A" (CON-D) Field Notes to all that certain tract of land situated in the Block A of the Morreau Forrest Survey Abstract Number 417, Denton County, Texas and being a part of the called 10 acre tract described in the Deed from Ray McDonough at ux to D 0 Jones et ux recorded in Volume 483, Page 256 of the Deed Records of Denton County, Texas, as recognized and occupied on the ground, the subject tract being more particularly described as follows COMMENCING at the intersection of the East line of Cooper Creek Road with the North line of Mingo Road and being in the South line of the said Jones Tract North 68 Degrees East about 34 feet from the Southwest Corner thereof in the West boundary line of the siad M Forrest Survey, THENCE North with the East line of Cooper Creek Road a distance of 561 7 feet more or less, to the POINT OF BEGINNING THENCE North with the East line of Cooper Creek Road a distance of 80 feet to an angle point at a bend in the road, THENCE North 49 Degrees 23 Minutes East continuing with the East line of Cooper Creek Road a distance of 76 4 feet, more or less, to an angle point, THENCE North 89 Degrees 30 Minutes East with the South line of Cooper Creek Road a distance of 490 1 feet, more or less, to its intersection with the West line of the tract described in the Deed from D 0 Jones et ux to Cooper Creek Baptist Church recorded in Volume 483, Page 254 of the said Deed Records, THENCE South 02 Degrees 25 Minutes East with the West line of the Church Tract a distance of 240 7 feet, more or less, to the Southwest corner thereof in the North line of the tract described in the deed from D 0 Jones et ux to Joy Swanson recorded in Volume 563, Page 565 of the said Deed Records, THENCE South 73 Degrees 57 Minutes West with the North line of the Swanson Tract a distance of 160.1 feet, more or less, to the Northwest corner thereof, THENCE South 02 Degrees 35 Minutes East with the West line of the Swanson tract a distance of 244 0 feet, more or less, to the Southwest corner thereof in the North line of mingo Road, THENCE South 68 Degrees 04 Minutes West with the North line of Mingo Road a distance of 82 0 feet, more or less, THENCE North 38 Degrees 35 Minutes 40 Seconds West a distance of 543 91 feet, to the POINT OF BEGINNING and enclosing 4 4 acres of land more or less Z-1859 1~ Don Curtis Mingo Industrial Tract - Commercial Section EXHIBIT "A" (CON'T) FIELD NOTES to all that certain tract of land situated in the Block A of the 9r-reau Forrest Survey, Abstract Number 417 Denton County, Texas and being a part of the called 10 acre tract described in the Deed from Ray Mc- Conou(h et ux to D 0 Jones et ux, recor ^d in Volume 483, °age 256, of the Oeed Records of Denton County, Texas, as recognized and occupied on the around 'he siblect tract being more particularly described is follow BEGIN T G for tie Southwest corner of ti tract ie It, duscribcd lU~ t ti inter- Lion of the East line of Cooper (m elt Road with the North 1 uL A Mingo 'oad and being in the South line of tie said Jones Tract Nortl o8 D~ grees Last about 34 feet from the Southwest corner thereof in the Wcst buw dii% line of the said Morreau Forrest Survey, THENCL North with the East line of Cooper Creek Road a distance of 561 7 feet more or less, to a point for corner, THENCF South 38 Degrees 35 Minutes 40 Seconds East a distance of 543 91 feet, to a point in North line of Mingo Road, PHENCI South 68 Degrees 04 Minutes West pith the North line of "lingo Rood distance of 365 76 feet, more or less, to the PI ICI OF BFGINNING and eneloscn 2 2 acres of land more or less Z-1859 EXHIBIT "B" DETAILED PLAN FOR MINGO INDUSTRIAL TRACT, 6 6 ACRES, CONSISTING OF 1 Detailed Site Plan (1 page), and 2 Detailed Plan Notes (2 pages) Z-1859 L861 3 G J'~ c: - m ~ mM N I f 5 \k o- s t 1 \ a \ v 0 5 r \ / r Ile a _ S I PII li(111 P17 I I O q 'll~ll f r ! + fl ;I 9 6 if ( it Iii { I i~'fI ifJ I n IF°E'I m a 3` k d JIII II !1 l t f rfl ' J d iil II; YIIp! z °z c z 4 1, p1 p f ' t (la ~I 1 !f I(II{l!1 I~{ ~l~ ii~ (~'I ,~I II+? 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I{l III r r I'I' {~1 II I!! {JJ l~!'!J ~Il{I{~ Illf ~ ~ C ~ ~ c P y rl~l' I I~ I ~ ~tlli Il+ it fJ~ i° !il'ii PJ' I~il liy P m z rc ~ r kp j{JII I t I r I(!i Id P tl J I I I ~ 11 p rl ! 1 it ! it q J{ q r) m Ms 1TP~ a 9 ~ ~E m ~ Y a ~ 1 "'fffrr"""777111 mgaQ~~~rn 8 J J lei lod I fI♦I v r ~ { s E ~ 6 IRR D r if {t ~I 11 n, IiIj 11 E56'r~~ Revised 8 Oct 1987 DETAILED PLAN NOTES Mingo Industrial Addition 1 Intent of Owner - is to secure zoning for the land uses indicated and de- velop consistent with this plan 2 Development Guide - indicates this area to be adjacent to Low-Intensitv Existing land uses adjacent to the site are listed in Note 11 3 Areas - General Retail & Office 2 2 acres Attached Single-Familv 4 4 " Total - 6 6 acres 4 Land Uses - with the proposed zoning include a 2 2 ac GR/O block contain- ing a building with 9,800 sq ft of GR and 17,400 sq ft of Office Pro- posed parking includes 49 for GR (200 sq ft /space) and 61 for Office (285 sq ft /space) Total of 110 parking spaces There are also 30 resi- dential lots for attached single-family dwellings, each with at least two off-street parking spaces 5 Traffic and Transportation - A single 30' wide driveway is proposed to serve the GR/O block, and a single residential public street with 50' r-o-w is proposed for the single-family The estimated trip generation is about 2 2x450 = 990 trips/day at the GR/O block and 10x30 = 300 trips/dav at the single-family, resulting in a total of 1,290 trips/day 6 Buildings - General Retail & Office Maximum overall lot coverage will not exceed 33%, building height will not exceed one story, minimum setback to be 35' from N Cooper Creek Rd , 25' from Mingo r-o-w and 5' from TMPA easement Attached Single-Family Maximum building height to be two stories, building setbacks to be 25' at fronts, 25' at street side on corner lots, and 20' building separations (minimum) Common walls will be on lot lines, and each dwelling will be located on a platted lot facing a dedicated public street Architectural design has not been finalized, but some or all structures may have an enclosed garage at the ground floor Minimum first floor building area to be 800 sq ft 7 Residential Subdivision - will have an overall density of 6 8 units/acre Residential lot widths range from 24' to 48', lengths range from 85' to 140' and areas range from 2,160 sq ft to 4,400 sq ft 8 Trees - 3" or larger are shown on the plan The Owner recognizes the value of existing trees provide to the development and will attempt to save all that do not interfere with new streets, utilities or buildings continued - Mi16o Industrial Detailed Plan Notes, page 2 - 9 Open Space - Lot 6, Block B will be reserved as common area for the 30 attached residential dwellings The open space with trees and grass within Lot 6 is about 0 3 acres 10 Screening - is proposed as a continuous 6' min height cedar or pine wood fence with 4" or 6" wide slats The screening fence will be along the southwest side of the TMPA easement at the entire boundarv between GR/O and SF, and along the SF frontage at Mingo Rd 11 Off-site Information - This property is outside the Denton Citv Limits, and adjacent land to the east, north and west is not zoned Adjacent land uses are Methodist Church to the west, cemeterv to the north, Baptist Church to the east, Safety Kleen to the south (PD-18) and Green Giant distribution warehouse to the southwest within an area zoned Commercial 12 Utilities - Existing utilities include electrical distribution and sanitarv sewer collection lines at North Cooper Creek Rd 13 Development Schedule -at present appears to be Detailed Plan & Preliminarv Plat approval by Dec 1987 Final Plat & construction plan approval for all 6 6 acres by Sept 1988 Construction completion on all 6 6 acres by Nov 1989 14 Sign - a single 7' wide by 5' high sign is proposed at the location shown on the plan The sign will be constructed with a brick course around the base and with sign faces on the north and south sides 15 Citv of Denton elevation datum is used for the topographic information 16 No major changes in site topographv are anticipated in conjunction with site development 17 This site is above all 100-vr flood plains designated on current FHBM maps 18 There are no existing structures 19 The drainage system will be designed to City of Denton specifications at time of construction plan preparation 20 A property owners' association will be created for the 4 4 acres of SF, and each propertv owner will be a member The purpose of the propertv owners' association will be to provide for maintenance of the three common parking lots and the landscaping within Lots 9 & 19, Block A and Lot 6, Block B All property outside the public street r-o-w will be held by private owner- ship and subject to private maintenance 21 Final Plat processing will include a determination of the current ownership and use rights to the 'unnamed' road, and will require dedication of perm- anent public street right-of-way and/or utilitv easements