1986-1441520L
NO RZ -/O
AN ORDINANCE AMENDING ORDINANCE NO 86-91 TO PROVIDE FOR APPROVAL
OF A REVISED DETAILED PLAN FOR A PORTION OF THE PLANNED DEVELOP-
MENT DISTRICT ESTABLISHED BY ORDINANCE NO 82-83, AS SAID PLAN
APPLIES TO 2 1 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF
EAST MCKINNEY STREET AND HIGHWAY LOOP 288, PROVIDING FOR A
PENALTY IN THE 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 S~ttion I of Ordinance No 86-91, adopted May 6, 1986,
is amende~ to read as follows
Section I
That the detailed plan, attached hereto as Exhibit "B-1",
and incorporated herein by reference, for the 2 1 acres
of land located at the southwest corner of East McKinney
Street and Highway Loop 288, said land being more
particularly described in Exhibit "A", attached hereto
and incorporated by reference, said land also being a
portion of that planned development district established
by Ordinance No 82-83, approved on October 19, 1982, is
herein approved as the detailed plan for said 2 1 acres
of land so that hereafter said land shall be used and
developed in accordance with the detailed plan herein
approved, subject to any conditions, restrictions and
limitations made applicable by this ordnance or
Ordinance No 82-83 to said land
SECTION II
That the "comprehensive site plan" approved by Section I of
Ordinance No 86-91, labeled therein and attached thereto as
Exhibit "B", is hereby superseded by the detailed plan approved
herein as Exhibit "B-111, so that thereafter said land shall be
governed by the detailed plan approved herein as provided for in
Section I hereof
SECTION III
That a copy of this ordinance shall be attached to Ordinance
No 86-91 and Ordinance No 82-83, showing the amendment herein
made
SECTION IV
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 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 this ordinance is
committed, or continued, and upon conviction of any such
violations such person shall be punished within the limits above
Z-1790/PAGE 1
SECTION V
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 City of Denton, Texas, within ten (10) days of
the date of its passage
PASSED AND APPROVED this the day of , 1986
RAY S' ENS, MAYOR
CITY DENTON, TEXAS
ATTEST
C TSE7:AAY'
RL-OTTE'AI1LE , yCITY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY Z), cyy\ V'w,-N
Z-1790/PAGE 2
EXHIBIT "B-1"
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A-1790
'4251
NO 1/2-9/
AN ORDINANCE PROVIDING FOR APPROVAL OF A COMPREHENSIVE SITE PLAN
FOR 2 1 ACRES OF LAND LOCATED WITH THE PLANNED DEVELOPMENT
DISTRICT APPROVED BY ORDINANCE NO 82 83 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 the comprehensive site plan, attached hereto as Exhibit
A, for 2 108 acres of land, as described in the attached Exhibit
B being located in and a part of that planned development
district approved by Ordinance No 82 83 is hereby approved as
a final comprehensive development plan for the land herein
described
SECTION II
That the development and use of the property described
herein shall be subject to the conditions and restrictions
contained in Ordinance No 82 83 and this ordinance which are
set forth herein as follows
1 A six foot high masonry wall or living screen shall be
erected along the southern boundary of the 10 18 acre tract of
which the 2 108 acre tract approved for development herein is a
part, prior to the beginning of construction of any buildings
therein
2 A landscaping buffer three feet in width, shall be
located around the entire perimeter of the property
3 That the property may be used for any use permitted in,
and shall be governed by the regulations applicable to, general
retail zoning districts as provided for in Appendix B Zoning of
the Code of Ordinances to the extent that such regulations do
not conflict with any provision of this ordinance or the
comprehensive site plan approved herein
SECTION III
That a copy of this ordinance shall be attached to Ordinance
No 82 83 showing approval of the development of the property
described herein in accordance with the provisions of this
ordinance
SECTION IV
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 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 this ordinance is
committed, or continued, and upon conviction of any such
violations such person shall be punished within the limits above
Z- 1790
SECTION V
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 City of Denton Texas, within ten (10) days of
the date of its passage
PASSED AND APPROVED this the day of 1986
i
RAY hP11EN , MAY
CITY F DENTON, TEXAS
ATTEST
CH KLU'I'ih AVLtN CITY`SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNhY
CITY OF DENTON, TEXAS
BY
Z 1790/PAGE 2
EXHIBIT A
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OF DIC [C M ON
STATE OF TFXAS
COUNTY Of DFNTON
III At 1S 101 D II STI R JP an 1 1 %UL I IIW 001 IP it tic owners C a 1
I at c rtai tr or i la d sit tad in "a I 1 clam S eve) Abstr or
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be, 11 In ti Cir) C D nu 1 D it n Co ply r I I b ing a art f
th ctllel 10 L97 to tract d s nbntl I tie D cl fro Tom D Jester Jr
Joe I Below and D tiller 0 tlat r c to Be. D Jester Jr and Paul I
Illywood Jr record I in lolume 1714 Pape 411 of the D d Records of D "ton
Co wlty Tara 1:1 b) at t t 1 1 r mot part Ii !y descrih d as fall s
BIGI\V'%o for t e Vortheist Cotner of the tri t I lop described herein it i
ooden high+ay monum at at the recePelz d N Itlcast COI rr of tic s id 10 I5n
acre trier said man m t bet r i the recorot 1 So t1 line of Fi t Icklnn
Str at all tic Icst It of Hirt ay Loop 88
TII VCC S ill Of D r 15 LL t Ol Se II I t the car tin of to
'it Loop 248 a listen ~t 1C4 f0 t at m att I at for the S t4 a t
am r of he to d r l d t I t s1 I rol I I C\ ti 01 D Brea 15 I r
tee Cast a distance or 00 feet fro, the calculi "d Scutt east Corner of tic
said 10 1597 acre trice same b inr the Northcist Corn r of a called 16 1 )5
acre tract describ I in tla 0 ad Ciom It S EnI I nto t C Patties It t t
1 S linden ul or C m1111 s r c lded in V I m l 19 P p0 7 8 of the slid p 1
Records;
Tin-ver North AN II rr s 1 Ii I a 00 Seconds N st ith a line 200 f t \urti
of and parallel to the South line of the aid 10 1 97 acre tract a it, ranc of
1 79 feet to an iron rod e t for the Southwest Corner of the herein descrl6 d
tract said rod being in the centerline of a 7 fo t wide utility as ment -I
scribed in the Deed from I tronl \ rO ici s Inc Trlst a to the City of D n
recorded rn Volume 1029 IaCe 81 of tie said if d P cc ds
IN WE North 00 Degrees 19 knit s Seconds FI t with the center of n
It a listmce of C 70 f e to an i on 1 f tie N rth ast o r
h let in descr bed tract said r d bet r is tl r 91117ad So tl
kin" y St" t I'm I the tie Nertl It c of tl d 11) 1597 t a
I also I inr Fo rtl Al D rr s ) It s 11 \ l t i disci
I Er-, Q Iron r 1 fo ad 11 if r c ni d r n r f
IJ 1597 acre tract
Iir CE Sout1 SJ D rr 5 f1 t o 31 S is I t it t e r rn1 d
line Of the slid hat Ainn I S cat t I 11 f at to I i
I, ighwiy an lm nt fo nd for i inrl point Cher a
Tur\Cr ~o Itll CG per, 1e I t 7 S on l 11 t 4 1 r ttl s i t S t
a distance of 211 5J fact to the PLACL or RrG1Y\I\C ad nclosinr IS I s
tend
\01 TNCRrFORF AVON \LL BEN BY 711ISr PPrSF\TS
111lT TOI D IFSCrR IQ MD PAUL I [MOOD NR to r b) adopt If r a
1 "till tla I 1 I lib 11 I tv ri n1 I ITOCA
C1 v of Denton D t n CO ty I\ II A l l I It to 11
forever tie street r161 to-of Y Ind p all IS n' t sl u Il te0
By
TO I D /CSTER IR I \I L I II\Y1 COD I
STATE OF TEXAS
COUVTI or DENTON
BEFORE IC the undersigned Notary P title in and IF r aid C unty and State on t s
da) personally appeared re D J stet Jr Ino r m t In tl P oa I s r m
u subscribed to the forcroine t strum of and acknowld d to me t it h \ c d
the same for the purp so and con deritio th ret or Ased 1 d a the c pa it
tier in stited
GIIFN UNDER Iy HAND iYD SLAL OF OFFICF THIS oil OF 1986
Notary Lobito in the btato of Ca<is
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2-1790
NO.,
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,
AND As SAID MAP APPLIES TO APPROXIMATE.,Y 112 8a ACRES OF L,iND
OUT OF THE M E.P & P..R.R SURVEY, ABSTRACT NO 927, THE M L..
AUSTIN SURVEY, ABSTRACT NO 4, AND THE M YOACHAM SURVEY,
ABSTRACT NO- 1442, DENTON COUNTY, TEXAS; AND MORE PARTICULARLY
DESCRIBED HEREIN; AND JECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTONe TEXAS,, HEREBY ORDAINS
SECTION I
The Zoning Classification and Use designation of the
following described property, to-wit
All that certain tract or parcel of land situated in the M E P
6,P..R_R Survey, Abstract No 927, Denton County, Texas, being
part of the Second Tract of a deed conveyed by J.. R.. Earle, et
ux to Delbert T Cruze on April 18, 1941, recorded in Volume
290, Page 155, Deed Records of said County, and being more
particularly described as follows
BEGINNING at the southeast corner of the above described Second
Tract in the center of the Channel of Pecan Creek;
THENCE west with the center line of Pecan Creek the following 5
courses and distances: (1) north 84004.' west 171 73 feet, (2)
south 78050.120." west 247 69 feet, (3) north 8308120." west
384 79 feet, (4) south 84037' west 298 1 feet and (5) south
71017' west 311 7 feet to the east right of way of Loop 288
THENCE north 1015' east with said east right of way 370 3 feet
to a right of way post,
THENCE north 1037' west 200 2 feet to a right of way post,
THENCE north 1015' east with said east right of way 1530 0
feet to a right of way post;
THENCE north 55034' east with said right of way 56 0 feet to a
right of way post on the south line of East McKinney Street,
THENCE south 65025' east with said McKinney right of way 80 9
feet to a right of way post
THENCE south 61057' east with said McKinney right of way 304 0
feet to a right of way post
THENCE south 62030' east with said right of way 56 0 feet to a
fence corner;
THENCE south 21041'30" west 194 49 feet to a fence corner;
THENCE south 62046140" east with a fence 467 5 feet to a fence
corner;
THENCE north 29000'40" east with a fence 191 0 feet to a fence
corner on the south right of way of McKinney street;
THENCE south 61059' east with said McKinney Street right of
way 458 6 feet to a right of way post;
Z-1540/FRED d DEAL-PAGE ONE
THENCE southeasterly with said McKinney Street right of way and
with a 3 6110 to the left 125 4 feet to a fence corner;
THENCE south 1045' west with a fence 1320 0 feet to the place
of beginning, and containing in all 52 351 acres of land
All that certain tract or parcel of land situated in the M L_
Austin Survey,, Abstract No 4, and the M Yoacham Survey,
Abstract No 1442, Denton County, Texas, and being part of a
First Tract described ii a deed conveyed by J., R Earle, at ux
to Delbert T- Cruze on April 18, 1931, recorded in Volume 290,
Page 155, and part of a tract conveyed by C E Wallace, at ux
to Deb Cruze on July 12, 1934, recorded in Volume 306, Page 482,
Deed Records of Denton County, Texas, and being more
particularly described as follows
BEGINNING at a fence corner on the south right of way of East
McKinney Road also being the northwest corner of the above
described Wallace to Cruze tract;
THENCE south 84020' east with said right of way 486 0 feet to
a corner;
THENCE south 66031'20" east 213 46 feet to a corner at the
intersection of East McKinney and Loop 288.,
THENCE south 1015' west with the west right of way of Loop 288
a distance of 1573 0 feet to a right of way post,
THENCE south 9047' west with said right of way 200 2 feet to a
right of way post;
THENCE south 1015' west with said right of way 393 7 feet to a
corner in the center of the Channel of Pecan Creek,
THENCE westerly with the center of Pecan Creek the following
courses and distances: (1) south 84041' west 399 05 feet, (2)
south 74040,' west 192 9 feet, (3) south 60056,' west 391 2
feet, (4) north 45001' west 304 6.,
THENCE north 83057' west with a fence 510 0 feet to a fence
corner;
THENCE north 1058' east along and with a fence 992 0 feet to a
fence corner on the south line of said Yoacham Survey;
THENCE north 89054' east with a fence 975 1 feet to a fence
corner;
THENCE north 1035' east with a fence 1312 9 feet to the place
of beginning and containing 60 528 acres of land
is hereby changed from Agricultural "A" District Classification
Use to Planned Development "PD" District Classification and use
under the Comprehensive Zoning Ordinance of the City of Denton,
Texas subject to the following conditions and restrictions and
Site Plan attached hereto to-wit:
1 Land uses within the planned development are
restricted to the uses specifically designated on
the general concept plan; specific site plan
approval must be granted before development occurs
within the designated land use areas;
Z-1540/FRED H., DEAL-PAGE TWO
2 Specific development proposals shall conform to
City of Denton requirements regarding zoning use
classifications, subdivision regulations, building
codes and any other codes related to development,
3 Density in multi-family areas shall be limited to
22 units per acres
4 Density in single-family attached areas shall be
limited to 10 units per acre,
5 Residential streets in accordance with City of
Denton standards shall be provided for internal
circulation
6 A living screen or a six (6) foot masonry wall
must be erected between the 10 18 acre retail area
at the southwest corner of Loop 288 and East
McKinney Street and the single family attached
area beginning at its southern boundary when the
general retail area is developed,
7 Adequate screening consisting of a living screen
or a six (6) foot solid masonry wall shall be
erected along any property line where general
retail abuts low density single family residential
housing when the general retail area is develonedj
8 Any land use permitted in the general retail (GR)
classification of the zoning ordinance may be
developed in the areas designated as general
retail without amendment of the planned
development (PD) ordinance)
9 If the development plans are not realized within
five (5) years so that actual development includes
some residential and is not limitd to general
retail, the planned development will be
re-evaluated and considered a candidate for
possible back-zoning to a smaller size center
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, be, and
the same is hereby amended to show such change in District
Classification and Use
SECTION II
That the City Council of the City of Denton, Texas, hereby
finds that such change is in accordance with a comprehensive
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 or 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 III
That 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
Z-1540/FRED H DEAL-PAGE THREE
Commission and the City Council of the City of Denton, Texas,
after giving due notice thereof
PASSED AND APPROVED this the L~-dav of October, 1982
IC ARD 0 TE A , MAYO
CIT OF D TON, TEXAS
4
ATTEST
A- j'4' q
CHAR4, TTE ALL , CITY SECRRY
Eff
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
Z-1540/FRED H DFNL-PAGE FOUR
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