1987-0011668L
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE PLANNED
DEVELOPMENT ZONING DISTRICT CREATED BY ORDINANCE NO 86-16, TO
PROVIDE FOR A CHANGE IN USE FROM TWO-F~aMILY (2-F) TO SINGLE-
FAMILY (SF-7) DWELLING USE FOR 9 S ACRES OF LAND LOCATED ON THE
SOUTH SIDE OF F M 426 (EAST MCKINNEY STREET), APPROXIMATELY
2,000 FEET EAST OF MAYHILL ROAD, AS IS MORE PARTICULARLY
DESCRIBED HEREIN, APPROVING A DETAILED PLAN FOR THAT PORTION OF
THE DISTRICT, IN ACCORDANCE WITH CHANGE IN USE HEREIN MADE,
PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000 00 FOR
VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, on January Z1, 1986, Ordinance No 86-16 was
approved providing for the creation of a planned development
zoning d~str~ct for 39 4 acres of land, as described therein, for
general retail and two-family dwelling use, ~n accordance with
the approved sxte plan, and,
WHEREAS, on May 6, 1986, Article 11, of Appendix B-Zoning of
the Code of Ordinances, which provided for the creation of
planned development zoning d~strlcts, was amended by Ordxnance
No 86-84, to provide for new procedures for the creation,
approval, and amendment of planned development zonxng districts,
and,
WHEREAS, on October 29, 1986, McDonnell Constructlon and
Development made application to amend the provisions of Ordxnance
No 86-16, to provxde for a change from two-family dwelling use
to sxngle-famxly dwelling use for 9 5 acres of the 39 4 acres of
land ~n the dlstrtct A publxc hearing on the application was
held before the City Council on January 6, 1987, and,
WHEREAS, this ordinance is adopted to provide for the
amendment of Ordxnance No 86-16, ~n accordance w~th the
application made therefore, and to provxde for the approval of a
detailed plan for a port,on of the land xncluded therein, in
accordance w~th the prov/slons of article 11 of Appendix
B-Zoning, as amended, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
That the prowslons of Ordinance No 86-16, prowdlng for
two-family (Z-F) dwelling use for the 9 5 acres of land described
~n Exhibit A, attached hereto and incorporated herein by refer-
ence, being designated as Section 2 in the site plan attached
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to Ordinance No 86-16, is hereby amended, by the approval and
adoption of the Detailed Plan, attached as ExhlMt B incorpo-
rated herein by reference, showing a change in use to single-
family (SF-7) dwelling use for such designated land No person
shall develop or use the land covered by the approved Detailed
Plan in violation of the provisions of the Detailed Plan, the
provisions of this ordinance, or any other applicable ordinance
SECTION II
That Section II B of Ordinance No 86-16 is amended to
read as follows
B
That the area designated as Sections 3 and 4 on the
attached site plan for two-family dwellings shall be
developed in accordance with the zoning regulations
applicable to two-family zoning districts insofar as
such regulations are not inconsistent with the
attached site plan for such area and use
SECTION III
That Section III A of Ordinance No 86-16 is amended to
read as follows
A
That the City Council approves the comprehensive
site plan for the area designated as Sections 3 and
4 for two-family dwelling use, subject to the
conditions and regulations provided for herein
SECTION IV
That a copy of this ordinance shall be attached to Ordinance
No 86-16 showing the amendments herein made
SECTION V
That any person violating any of the provisions of this
ordinance shall, upon conviction, be fined a sum not exceeding
One Thousand Dollars ($1,000 00), and each day and every day that
the provisions of this ordinance are violated shall constitute a
separate and distinct offense This penalty is in addition to
and cumulative of, any other remedies as may be available at law
and equity
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-1846/PAGE 2
published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, w~th~n ten (10) days of
the date of Its passage
SECTION VII
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
published twice in the Denton Record-Chronicle, the official
newspaper of the Czty of Denton, Texas, within ten (10) days of
the date of its passage
PASSED AND APPROVED this the ~'~X"day of~, 1987
CITY OF DENTON, T~,XAS
ATTEST
CI~A~RLOT~E' ALLEN, CITY 'S]3CRI~TA~]
CI~3f OF ~)ENTON, TEXAS %,/
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
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COLEMAN & ASSOC, SURVEYING
417 S LOCUST, SUITE 106 · P O BOX 686 · DENTON TEXAS 76202 0686
· (817) 565 8215
EXHIBIT "A"
WHEREAS, R 0 MCDONNELL, is the owner of all that certain tract of land smt-
uated in Block A of the Morreau Forrest Survey Abstract Number 417, Denton
County, Texas and being that part of the called 39 478 acre tract descrmbed
zn the Deed from ~.0 McDonnell et ux to McDonnell Enterprises, Inc record-
ed · n Volume 1477 ~age 929 of the Deed Records of Denton County, Texas de-
smgnated as Blocks C,D and E of MCDONNELL HIGHLANDS, PHASE ONE as shown by
the plat thereof recorded ~n Cabinet E Slmde 330 of the Plat Records of Den-
ton County, Texas, the sub3ect tract bemng more particularly descrmbed as
follows
BEGINNING for the most Northerly Northwest Corner of the tract being describ-
ed herel~ at an iron rod at the Northeast Corner of Lot 1 Block A of the said
McDonnell Hl§hlands and being at the intersection of Glenngary Way w~th the
right-of-way of FM Hmghway No 426 ( East McKmnney Street ) South 68 Degrees
18 M~nutes 50 Seconds West a dmstance of 430 47 feet and South 64 Degrees 33
Minutes 48 Seconds East a distance of 179 90 feet from the Northwest Corner
of the said 39 478 acre tract,
THENCE South 64 Degrees 33 Minutes 48 Seconds East w~th the South rmght-of-
way of FM 426~ crossmng Glenngary Way a dmstance of 60 0 feet to an iron rod
at the Northwest Corner of Lot 1 in Block B of McDonnell Highlands,
THENCE Southerly with the East r~ght-of-way of Clenngary Way and along the
arc of a curve to the left having an arc radmus of 220 00 feet, an arc length
of 96 99 feet ( chord bearing South 12 Degrees 48 M~nutes 26 Seconds West a
distance of 96 21 feet ) to an lron rod at the end of the said curve,
THENCE South O0 Degrees 10 Mmnutes 40 Seconds West cont~numng with the East
rlght-of-way of Glenngary Way a distance of 280 93 feet to an iron rod at
the Southwest Corner of Lot 1 Block B and the Northwest Corner of Lot 1 ~n
Block E,
THENCE South 89 Degrees 30 Mmnutes 14 Seconds East with the common line be-
tween Block B and Block E a distance of 373 67 feet to an ~ron rod at the
Southeast Corner of Lot 1 zn Block B mn the East lmne of the above mentmoned
39 478 acre tract,
THENCE South O0 Degrees 10 Mmnutes 40 Seconds West with the East lmne of the
39 478 acre tract a distance of 265 O0 feet to an Iron rod at the Southeast
Corner of Block E and McDonnell Highlands, Phase One,
THENCE North 89 Degrees 30 Minutes 14 Seconds West severmng the 39 478 acre
tract with the South line of Phase One a dmstance of 964 74 feet to an iron
rod at the Southwest Corner of Lot 8 mn Block D and bemng mn the West lmne
of the 39 478 acre tract,
THENCE North 01 Degree 00 Mznutes 54 Seconds East along a fence and w~th the
West line of the 39 478 acre tract a distance of 280 50 feet to an iron rod
at an angle polnt therein,
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THENCE North 00 Degrees 14 Minutes 47 Seconds West continuing with the said
line a distance of 244 32 feet to an iron rod at the Northwest Corner of
Lot 7 in Block C and the Southwest Corner of Lot 1 in Block A,
THENCE South 89 Degrees 30 Minutes 14 Seconds East with the common line
between Block C and Block A a distance of 528 79 feet to an iron rod at the
Southeast Corner of Block A in the West right-of-way of Glenngary Way,
THENCE North O0 Degrees O1 Mlnutes 40 Seconds East with the West right-of-
way of Glenngary Way a distance of 20 59 feet to an Iron rod at the beginn-
ing of a curve to the right having a radius of 280 00 feet,
THENCE Northerly continuing with the West right-of-way of Glenngary Way and
along the said curve, an are length of 123 45 feet ( chord bearing North 12
Degrees 48 Minutes 26 Seconds East a distance of 122 45 feet ) to the PLACE
OF BEGINNING and enclosing 9 546 acres of land
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EXHIBIT "B"
DETAILED PLAN FOR MCDONNELL HIGHLANDS, PHASE I, CONSISTING OF
1 Detailed Site Plan and Preliminary Replat - (1 page), and
2 General Notes - (1 page)
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ZONED A
McDonnell Highlands, Phase One -
GENERAL NOTES
1 It ms the intent of the Owner (McDonnell Constructmon and Development) to
rezone the 9 546 acres shaded on thms exhlbmt from 2-F to SF-7
2 Thms area is zoned low-mntensity mn the Denton Development Gumde
3 The 9 546 acres shown ms part of the 39 5 acre overall PD-98 (Ordmnance
86-16)
4 All of the 9 546 acres are proposed for SF-7 use
5 Ail streets indicated on the plan are exmstmng
6 Applymng a traffic generation rate of 10 per dwelling unmt results mn an
estmmate of 390 trmps/day for the 39 total lots
7 The placement of each house on a lot will be controlled by the current
zonmng ordinance, and a typmcal plan is shown on the exhzbmt
8 The maxmmum building height wzll be two stories, the mzn~mum setbacks ~re
shown, mmnimum lot area ~s 7,000 sq ft , mmn lot width ~s 67 00', mzn
lot depth is 105 00', and mmn setbacks are shown on the 'Set-Back Detail'
9 There are 39 lots on 9 546 acres, yzeld~ng 4 1 unzts/acre
10 Both exmsting trees are pecans, and they are shown on Lot 3, Block E
11 No open-space, greenbelts, or other publmc areas are proposed
12 It is proposed to place the 6' solid wood fence screenmng along the South
boundaries of Lots 1, Block A&B as required by Ordmnance 86-16
13 Existing zonmng is indicated for ad3acent propertmes
14 All utxlmties are exmsting, as shown on the plan
15 The public improvements are complete Home construction ms antmczpated
to begmn about 1 Mar 1987 and be complete on about 30 Sept 1988
16 No landscaping ms proposed
17 No szgns (other than indmvidual buzlders' sales smgns) are proposed
18 There ~s an existing 4' wide sidewalk along the West smde of Glengary
19 Indivzdual lots are remamning as origmnally shown on the Fznel Plat, ex-
cept the center lot lmnes are now removed
20 Smte grading is complete