1986-2091614L
NO
AN ORDINANCE APPROVING A DETAILED PLAN FOR A PORTION OF THE
PLANNED DEVELOPMENT DISTRICT ESTABLISHED BY ORDINANCE NO 69-35,
AS SAID DETAILED PLAN APPLIES TO 3 2 ACRES OF LAND LOCATED ON
COLORADO BOULEVARD, NORTHWEST OF HIGHWAY LOOP 288, AS IS MORE
PARTICULARLY DESCRIBED HEREIN, PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $1,000 00 FOR VIOLATIONS THEREOF, AND
PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
That for the 3 2 acres of land, as described in Exhibit A,
attached hereto and incorporated herein by reference, being part
of the planned development established by Ordinance No 69-35,
there is hereby approved, in accordance with the provisions of
Article 11 of Appendix B-Zoning of the Code of ordinances, a
detailed plan, attached hereto as Exhibit B and incorporated
herein by reference, so that hereafter said land shall be used
and developed in accordance with the detailed plan herein
approved
SECTION II
That a copy of this ordinance shall be attached to Ordinance
No 69-35, showing the detailed plan herein approved Any
provision of Ordinance 69-35 which conflicts with the provisions
of this ordinance or the detailed plan adopted herein is hereby
repealed
SECTION III
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 IV
That this ordinance shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is
Z-1834/PAGE 1
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 41 day of &a , 1986
RAYS PHENS, MAYOR
CITY OF DENTON, TEXAS
ATTEST
CHARLOTTE ALLEN,-CITY SECRET RY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY rm trlaAn
Z-1834/PAGE 2
EXHIBIT "A"
GOLDEN TRIANGLE/MICHAEL'S TRACT
BEING 3 2373 ACRES SITUATED IN THE J S TAFT SURVEY, ABSTRACT NO 1256, DENTON COUNTY,
TEXAS, AND A PORTION OF TRACT 4 AS DESCRIBED IN DEED RECORDED IN VOLUME 986, PAGE 913,
DEED RECORDS OF DENTON COUNTY, TEXAS, FROM GIBRALTAR SAVINGS TO HERBERT D WEITZMAN,
TRUSTEE, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS,
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 1, BLOCK 1 OF THE TARGET ADDITION, AN
ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF
RECORDED IN CABINET "B", PAGE 263 OF THE MAP RECORDS OF DENTON COUNTY, TEXAS, SAID
POINT BEING IN THE WESTERLY RIGHT-OF-WAY LINE OF THE MISSOURI, KANSAS, E TEXAS RAILROAD
(MKST RR),
THENCE SOUTH 470 55' WEST ALONG THE NORTHERLY LINE OF SAID TARGET ADDITION, A DISTANCE
OF 76 0 FEET TO A "P K " NAIL FOR CORNER,
THENCE SOUTH 190 36' EAST AND CONTINUING ALONG THE NORTHERLY LINE OF SAID TARGET ADDITION,
A DISTANCE OF 31 39 FEET TO A "P K " NAIL FOR CORNER,
THENCE SOUTH 470 55' WEST AND FOLLOWING THE NORTHERLY LINE OF SAID TARGET ADDITION, A
DISTANCE OF 314 12 FEET TO A "P K " NAIL FOR CORNER,
THENCE NORTH 890 28' 04" WEST AND THE NORTHERLY LINE OF SAID TARGET ADDITION, A DISTANCE
OF 56 67 FEET TO A "P K " NAIL FOR CORNER IN THE EASTERLY RIGHT-OF-WAY LINE OF COLORADO
BOULEVARD (A 100 0 FOOT RIGHT OF WAY), AND THE BEGINNING OF A CURVE TO THE LEFT HAVING A
CENTRAL ANGLE OF 350 22' 01" AND A RADIUS OF 700 0 FEET,
THENCE ALONG SAID CURVE TO THE LEFT A DISTANCE OF 432 09 FEET TO A POINT FOR CORNER IN
THE SOUTHI~ASTERLY LINE OF THE CARPET MAX ADDITION, AN ADDITION TO THE CITY OF DENTON,
DENTON COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET "D", PAGE 221 OF
THE MAP RECORDS OF DENTON COUNTY, TEXAS,
THENCE NORTH 470 55' EAST AND FOLLOWING THE SOUTHEASTERLY LINE OF SAID CARPET MAX ADDITION,
A DISTANCE OF 264 56 FEET TO A POINT FOR CORNER IN THE AFORESAID WESTERLY RIGHT-OF-WAY LINE
OF THE MK 6 T RR,
THENCE SOUTH 420 05' EAST AND FOLLOWING THE WESTERLY RIGHT-OF-WAY LINE OF SAID M K 6 T R R
A DISTANCE OF 395 0 FEET TO THE PLACE OF BEGINNING AND CONTAINING 3 2373 ACRES OF LAND
Z-1834
z id'34
EXHIBIT "B"
DETAILED PLAN OF GOLDEN TRIANGLE/MICHAEL'S,
CONSISTING OF
Detailed Site Plan and Preliminary Plat
(2 pages), and
Development Schedule (1 page)
Z-1834
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HASTINGS & TREW.J
DEVELOPMENT SCHEDULE GOLDEN TRIANGLE/MICHAEL'S August 20, 1986
Date Description
8/12/86 Submit Detailed Plan, and Preliminary Plat to the city
Wait one week
8/19/86 Meet with Development Review Committee
Revise drawings as required
8/21/86 Resubmit before 10 am
8/26/86 Meet with Development Review Committee
8/26/86 Apply for P $ Z detailed Plan 8 Preliminary Plat Approval
Minimum 2 weeks prior to the meeting
8/27/86 Start Construction Documents
three weeks
9/10/86 P d Z meeting
Apply for City Council Hearing
9/16/86 Submit plans for Building Permit for Phase I
Five weeks checking time
10/1/86 Apply for P 8 Z Final Plat 8 Engineering Plans Approval
Minimum 3 weeks prior to the meeting
10/21/86 City Council Hearing for Preliminary Plat and Detailed Plan Approval
Prepare Construction Documents for Phase 1
10/22/86 P 8 Z meeting approval of Final Plat 8 Engineering Plans
One day
10/23/86 File Final Plat $ Obtain Building Permit
One day
10/24/86 Start construction on Phase I
Sixteen weeks construction time
2/13/87 Michael's is Substantially Complete
Ten and a half weeks
5/1/87 Michael's opens
This Project is part of PD-6 Projected traffic generation for this protect is
estimated at 650 trips times 3 2373 acres or 2,104 trips It is our belief
that this proposed project is in compliance with the Denton Development Guide
and the requirements of PD-6
The Owner's intent upon City approval is to build the 18,000 sf Michael's
store immediately The attached retail/restaurant shell space is currently
planned to be ready for occupancy in October of 1989 The future retail market
and economic conditions will ultimately determine the exact schedule for Phase
II construction Construction Documents for the Phase II sitework will be
completed concurrently with Phase I Construction Documents
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AN ORDINANCE AMENDING THE ZONINB *
riXAS, AS AS AM @IfaliliYT.Yf De IIi{r~Fr
ORDINANCESSOF~THESCITYrOFODENTON,ATCXAS, BToORDINANCE f of
No.
69-1, AND AS SAID MAP APPLIES TO CERTAIN-PROPERTY KNOWN AS
AS SHOWN NDY4LOFSCI11 TYABLOCK 283 AND CITY BLOCK LO28
T613COFYCITY SBLbCK'2T6/0
A
TEXAS, ANDNMOTHE RE PARTICULARTA MAP OF LY DESCRIBEDEBYI PLAT FINCORPONAT98
HEREIN, AND DECLARING AN EFFECTIVE D~Tg.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS-
SECTION I
That
ed Zonin
aspanfApthe pendix yt fthe enton, of Texas
Oratmancew
of the City of Denton, Texas, under the provisions of Ordin-
ance No 69-1, be, and the same is hereby amended as follow#
All the hereinafter described property is hereby removed
from the "A' - Agricultural District as shown on, sold Zoning
Map, and all provisions of Ordinance No 69-1 adopted the
14th day of January, 1969, as amended, shall hereafter apply
to said property as "PD" - Planned Development District
according to, and subject to, the below conditions and re-
quirements, and to the plat attached hereto and made a part
hereof for all purposes, and being generally described as
all that certain lot, tract or parcel of land situated in the
City and County of Denton, Texas, known as City Lots 11 and
12 of City Block 286, City Lots 1, 2, 3 and 4 of City Block
283 and City Lot 13 of City Block 276/D as shown this data on
the Official Tax Map of the City of Denton, Texas, and being
the same property described in the attached plat (located in
the 1700 Block of Dallas Drive), which conditions and require-
ments are as follows
Is No building or other structure shall be constructed on
or across existing lot lines shown on the attached plat and
on future replats, nor be closer than the front, side and
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rear yard requirement stated in the Zoning Ordinance The
`~~-V m~ ~'fi 3 Y Z ~•iY~ R+ ~ , t 5 5 4 Y~'~q '"7 °~y N ~ ~tJ(,~"">•d fr lye `M y G''t~~r~y'^'§P c{ sr,
; 1i~esC+tibee any shown lot or of tint wbiek
al"fbe an area within the attached plat
F
2 Cot lines shall be changed only by resubdividing or
"Plat" in the manner provided by the Subdivision Regula-
tions, in Article 13 03 of Appendix A to the Code of ordin-
ances
3 When a tract or parcel of land it resubdivided or
replatted, any and all additional rights of way and easements
which are deemed necessary by the Plenning and Zoning Com.
milsbA shall be dedicated by the person resubdivtding or re.
platting the land the same as If the tract or parcel were be-
fog originally subdivided
4. Each lot or tract shown on the attached plat shall
be limited to one structure only regardless of the use indicat-
ed on the plat, until same is further platted within the de-
lineated areas shown an the attached plat, and each such plat
shall show all proposed building sites, building set back
lines from each street and abutting property, all utility,
street, alley and access rights of way, and drainage ways
Upon the dedication to the City of all needed streets, alley
ways or easements to serve some. and upon the completion of
the paving of all streets abutting such property, and needed
to gain access thereto, as may be required by the Planning and
Zoning Commission, such plat shall be filed of record along
with the general plat attached hereto upon its approval by the
Planning and Zoning Commission Building permits will only be
issued for those areas shown on the detoilef plat as building
areas within the set back lines
S When a tract or parcel of ?and is resubdivided or
platted as described in the paragraph above, any and all addi-
tional rights of way and easements required or deemed necessary
by the Planning and Zoning Commission shall be dedicated by the
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person ►esubdiBiV " or platting Saw* as it toe t"Cl, or,
parcel were being originally subdivided.
6 All Provisions of Ordinance No 49-01 fsopfIV Ordfn-
ance) of the City of Denton shall apply to the property within
the attached plat to permit the zoning uses indicated thereon,
by shading or otherwise, and no other restrictions than those
found for each such use district shall apply, nor shall any
other use than those permitted by the respective zoring dist-
rict be permitted within the areas so designated on the attach-
ed plat. and the zoning district areas so defined shall not
be changed except by amendment of this ordinance A platting
or replatting of any area shall not affect the uses permitted
within the respective districts shown on the attached plat
7 All the streets, easements, alleys and rights of
way indicated on the attached plat have been properly dedicated,
or are now hereby dedicated, to the City of Denton, and the
same are hereby accepted by said City for public purposes
8 All streets shall be paved as required by the Planning
and Zoning Commission prior to the issuance of any building
permit, and all paving shall be done according to the specifi-
cations on file in the office of Community Development, and
under its direct inspection and supervision The paving width
within the designated street rights of way shall be a~ requir-
ed by the Director of Community Development, provided that the
usual standards for some be followed
9 All ordinances of the City of Denton and laws of the
State of Texas shall be complied with, and all regulations re-
garding the subdividing of property are hereby expressly made
applicable hereto
10 No building permit or certificate of occupancy will
be issued until the pertinent conditions stated herein have
been complied with
-3-
it T following building and use re ctions shall
apply to all lots designated for single fatally residentfat *20
only on the attached plat, and same shall be included as deed
restrictions on such lots along with any others imposed by
the developer consistant with the intent hereof, and with all
applicable laws and ordinances provided that -he following
restrictions are deemed minimal only and any greater restri
ction imposed by the developer shall prevail to wit
a All lots in the single family
the attached plat shalibeusedforsingie designated eresidential
purposes only constructed upon concrete foundations with
single garages or carports attached, and necessary outbuildings
for single family use only, provided, however, that double or
triple garages ray be detached from the residence but shall
not be closer than 100 feet to the front lot line,
b No residential structure shall be erected or placed
on any of the lots in such residential area having less than
1200 square feet of floor space exclusive of garage and porches
c No building shall be located nearer than eight feet to
any side lot line nor nearer than thirty five feet from the
front property line, nor nearer than 15 feet to any side street
line,
d No trade buiiness or commercial activity shall be
carried on or ocated upon any lot in such designated area nor
shall anything be done thereon which may become in annoyan^e
or nuisance to other residents in the same a ~a
e Water and sewerage connections shat be made it the
property line
f No chickens, turkeys or other fowls row, cattle, hog
Or hogs, horse or horses, or any other live>fnCx of any class-
ification shall ever be kept or aermitted on any lot rr lots in
such area
g Vo 'raiier or temporary structure s i <var c,e nlaced
upon any lot in sa,h area or used as a resid, n ,i,,r area
h These covenants are to run w th the
binding on fhe area lot owners, their suc o
executors, admin rttators and assions for a
from September 23 1969, continuiig until Se,
inclusive, at shirr, lime such covenants <hal
extended for sutr~,,sive periods of ten veers
of the majority of the then owners of the des
is agreed to change said covenants in whole c
'ra an,i ,rail be
r -tiPir heirs
+od of ten years
tuber >2 1979,
t autoratically
less by a vote
rated ints it
in part
i If any rxner of a lot or lots in sai designated area
or their heirs or assigns shall violate or at lot to irlate
Any Of the covenants or restrirtions herein c tained then it
shall be lawful For any other per,on owning r it pr~perty in
said designated arts to presecute any procee ngz in aw or
in equity, aga n t such violators or attempted v, lators of
Said covenants a i •o either prevent h+v or fham from so doing,
or to recover d,-i- , for such violations
j lnoal a of any c+ these covenan ~f ,U,'gment or
court orde she, +r nowise affect any other ro i510ns hereof,
which shall re>ra n r fc,}i fore and effect
1i
The owner and/or developer of the land deserib" in the
attached plat, for and in consideration of the granting by the
City Council of this zoning classification on the said property,
does hereby bind itself, its successors, executors, adminis-
trators and assigns to fully comply with all of the above des-
cribed terms and conditions for the use of said land as long
as this ordinance shall remain in effect, and the said developer
and/or owner understands •hat without full and complete compli-
ance on his part vith the said terms and conditions the uses
permitted herein and hereby would otherwise be prohibited under
the Zoning Ordinance of the City of Denton, and in order to
secure this amendment to the Zoning Map to make such use of
the aforesaid land, does hereby covenant that it will fully and
completely comply with the terms and conditions herein mentioned,
that this covenant shall run with the land, and shall be binding
upon itself, its heirs, successors, executors, administrators
and assigns, that upon breach of this covenant this Planned
Development District may, at the City Counci s discretion be
made null and void and thereupon said property shall once more
become subject to the regulations applicable to property in the
"A" - Agricultural Zoning District under the terms of the Zon-
ing Ordinance of the City of Denton without a,, right on the
part of itself, its feirs, successors, execu rs, administrators
or assigns to continue the development of sa ' premises as
planned
SECTION 11
That the City Council of the City of De on, Texas hereby
finds that such Planned Development District s in accordance
with a comprehensive plan for the purpose of promoting the gen-
eral welfare of tre City of Denton. Texas and w'th reasonable
consideration among other things, for the c";iracter of the
land and for its paculiar suitability or peciiiar uses and with
a view to conservinq the value of the homes and buildings in
the vicinity, protecting human lives and encouraging the most
appropriate uses of land for she maximum benefit to the City of
Denton and its citizens
.a.
I![
IUD ON
(hat this ordinance shall be in full force and effect
Immediately after its passage and approval, the required
public hearings having heretofore been held by the Planning
and Zoning Commission and the City Council of the City of
Denton, Texas, after giving due notice thereof
PASSED AND APPROVED this the day of September,
A 0 1969
eeiOG.~)1,..
CITY OF DENTON, TEXAS
ATTEST
A, " ./Z'-+/
BNOWY5 HOLTs CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
6~1 V.JA7rfs~
Q--B!!TO)1.' CITY ATTORNEY
Y OF DENTON. TEXAS
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