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
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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