1987-0111674L
NO
AN ORDINANCE AMENDING THE ZONING MAY OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES OF THE LITY OF DENTON, TEXAS, BY ORDINANCE NO 69-1,
AS AMENDED, AND AS SAID MAP APPLIES TO 209 ACRES OF LAND
LOCATED AT THE SOUTHEAST CORNER OF SCRIPTURE AND FRY STREETS, AS
IS MORE PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR A CHANGE
IN ZONING CLASSIFICATION FROM MULTI-FAMILY (MF-1) DISTRICT
CLASSIFICAIION AND USE DESIGNATION, TO PLANNED DEVBLOPMBNT (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 $1,000 00 FOR VIOLATIONS THEREOF,
AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Bal-Moody Investments has applied for a change ~n
zoning from multi-family (MF-1) to planned development (PD) for
209 acres of land located at the southeast corner of Scripture
and Fry Streets, and,
WHEREAS, ~n accordance w~th Article 11 of Appendix B-Zoning
of the Code of Ordinances, the applicant has submitted for
approval a detailed plan for the proposed d~str~ct, and,
WHEREAS, on December 17, 1986, the Planning and Zoning
Commission held a public hearing on the application and
recommended approval thereof, and,
WHEREAS, on January 20, 1987, the City Council held a public
hearing on the application, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
That the zoning class~f~catxon and use designation of 209
acres of real property, described in Exhibit "A", attached here-
to and zncorporated here~n by reference, xs hereby changed from
Multi-family "MF-I" District Class~flcatxon and Use designation
to Planned Development "PD" D~str~ct Classification and Use
des~gnatzon under the comprehensive zoning ordinance of the C~ty
of Denton, Texas
SECTION II
That there ~s approved for the district hereby established
the "Detailed Plan", labeled as Exhibit "B", attached hereto and
~ncorporated by reference, so that hereafter the d~str~ct shall
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be used and developed in accordance with the Detailed Plan
herein approved and the following additional conditions and
restrictions
a The district shall be used only for medical offices
b
A slx foot wood fence shall be erected along the
southern and eastern boundaries of the district prior
to the issuance of a certificate of occupancy for
any building therein
SECTION III
The Zoning Map of the City of Denton, Texas, adopted the
14th 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
Dlstr~ct Classification and Use sub3ect to the above conditions
and specifications
SECTION IV
That the City Council of the City of Denton, Texas, hereby
f~nds that such change is in accordance with a comprehensive
plan for the purpose of promoting the general welfare of the
Clty of Denton, Texas, and with reasonable consideration, among
other things for the character of the d~stnct and for Its
peculiar suitability for particular uses, and with a v~ew 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 falls to comply therewith or with any of the requirements
thereof, or of a permit or certificate issued thereunder, shall
be guilty of a misdemeanor punishable by a fine not exceeding
One Thousand Dollars ($1,000 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 th~s ordinance is
committed, or continued, and upon conviction of any such
violations such persons shall be punished w~thln the limits
above
SECTION VI
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
Z-1847/PAGE 2
published twice ~n the Denton Record-Chronicle, the o£flclal
newspaper of the C~ty o£ Denton, Texas, wlthln ten (10) days of
the date of its passage
PASSED AND APPROVED thxs the day o , 1987
CITY OF DENTON, TEXAS
ATTEST
JEN~FER-~ALTERS
ACT~.~G CItY SECRETARY
CITY OF DENTON, TI~XAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
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COLEIVIAN Asset, SURVEYING
417 S LOCUST, SUItE J06 , P O BOX 686 · DENTON, TEXAS 76202 0686
· (81'7) 565 8215
FIELD NOTE8 to all that certain tract of land smtuated mn the E Puchalskm
Survey Abstract Number 996 in the City of Denton, Denton County, Texas and
being all of the North half of Lot 10 of the W A Ponder Addition as de-
scribed in the Deed from James Blanton to Jay Balentmne and Robert Moody,
Jr recorded in Volume 1958 Page 728 of the Real Property Records of Denton
County; Texas and that portion of a 20 foot alley along the East line of
the said lot closed by a resolution from the Cmty of Denton recorded in Vol-
ume 434 Page 362 of the said Deed Records, as recognized and occupied on the
ground; the subject tract being more Particularly descrzbed as follows
BEGINNING for the Northwest Corner of the tract belns described herein at a
chlsled "X" found in a concrete walk at the Northwest Corner of the sa~d
Lot 10,
THENCE South 87 Degrees 10 Minutes 17 Seconds East wmth the North lmne of the
sa~d Lot 10 at 171 99 feet passlng an Iron rod found at the Northeast Corner
thereof and contlnulng along said course entermng said alley, ~n all, a total
distance of 181.99 feet to a Doint mn the center of the samd alley for the
Northeast Corner of the herein described tract
THENCE South 02 De,tees 49 Minutes 13 Seconds West with the center of the said
alley a distance of 50.00 feet to a pomnt for the Southeast Corner of the here-
in described tract,
THENCE Nor[h 87 Degrees 10 Minutes 17 Seconds West at 10 feet passing the South-
east Corner of ~he said Balentine-Moody Tract and contmnulng along sazd course,
in all~a ~ot&l distance of 182.00 feet to a found chlsled "X" in a concrete
curb at[~h~Southwest CoT~e~of the said tract
THENCE North 02 De~rees 50 Minutes 13 Seconds East with the West line of the
said Lo~ 10 a~d the East line of Fry Street a distance of 50 O0 feet to the
PLACE OF BEGINNING and enclosing 0 209 of an acre of land,
These Field Notes were prepared from a survey made on the ?round. under my
d~rectxon and superv~smon in November, 1986~
Michael J Kern R.P S No., 4158
/¢/~.~ /s /~6
Date
EXHIBIT "B"
DETAILED PLAN FOR 424 FRY STREET, CONSISTING OF
1 Detailed Site Plan (1 page),
2 Development Standards and Development
Schedule (1 page),
3 General Notes (1 page),
4 Site Plan (1 page), and
5 West ElevatIon (1 page)
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_ I
DEVELOPMENT STANDARDS
424 FRY STREET
My intentions are ~o refurbish the exxs~lng structure xnclud~ng ma3or
renovatio~s ~o the inside for some type of medical use Adding a parking
10~ tO the rear, l~xury lar~sca~i~g and sprinkler system and to preserve
existing ~ees.
Also, mM intent is not to sell saxd property once project xs completed
! ~ould lxke to keep the p~ope~t¥ fo~ an income p~oducxng xnves~ment
A development, regardless of what type, should create a sense of
that identifies with the existing surroundxng neighborhood I strongly
feel this development meets that criterxa Lxsted below are several pertinent
~easons
1 Refurbish existing structure to origxnal state
2 Revi~alizxng an old neighborhood wxthout the dxsruptzon of new
const.~uction
3 Close proxi~ity to Flow Memorial Hospxtal (Currently zoned "office")
4 Relationship between medical services and ma3or hospital
Upo~ re~eiving zoning approval, said property will be completely renovated
in three to four months
Z-1847
General Notes
1 Fry St has concrete curb & gutter, but Scripture does not
2 The purpose of replatting is to accommodate the separate ownershmp of
the North and South halves of the lot, and to permit remodeling and con-
stractlon
3 No major changes in topography are proposed
4 A zoning change is also being requested in conjunction with this replat
5 The Denton Development Guide indicates this area to be low-intensity
6 The proposed use is to convert the existing house on Lot 10B into an office
for lease to medical practitioners
7 The projected traffic generation is i 7 x 15 = 26 trips per day
8 The access to the parking lot will be from Scrmpture Street, only, for
vehicular traffic A new sidewalk will be constructed to Fry St
9 No open-space is proposed
10. All utilities are in place
11 Please refer to the architects' Site Plan for informatIon regarding
landscaping, sidewalk, and screening fence No free-standing sign is
proposed
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