1986-101FILE REFERENCE FORM 86-101
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
Late Luuaro
Amended by Ordinance No.
Amended by Ordinance No. 2000-008
Amended by Ordinance No. 2004-084
01/04/00 1 )R
01/04/00 1 ) K
03/23/04 1 )R
1375L
NOTE Amended by Ordinance No 2000-007
NOTE Amended by Ordinance No 2000-008
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,
AS AMENDED, AND AS SAID MAP APPLIES TO 239 17 ACRES OF LAND
LOCATED WEST OF BONNIE BRAE STREET, EAST OF WESTGATE DRIVE,
NORTH OF PAYNE DRIVE, AND SOUTH OF U S HIGHWAY 77, AS IS MORE
PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR A CHANGE IN ZONING
CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND
USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT
CLASSIFICATION AND USE DESIGNATION, PROVIDING FOR A PENALTY IN A
MAXIMUM AMOUNT OF $1,000 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 the
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 the "development concept" site plan, attached hereto as
Exhibit B and incorporated herein by reference, is approved as a
preliminary site plan for the district Any comprehensive site
plan required to be submitted herein shall not be inconsistent
with the development concept site plan Any amended concept
plan submitted for approval shall show and include the whole
district
SECTION III
That the district herein approved shall be subject to the
following conditions, restrictions, and limitations
1 Prior to the beginning of any development or construction
within the district, or of any parcel of land or phase thereof,
or the issuance of any building permits therefore, a detailed
comprehensive site plan for the parcel of land for which
development is proposed, whether one or more, shall be submitted
for approval in accordance with the provisions of Appendix
B-Zoning of the Code of Ordinances and the requirements of this
ordnance The comprehensive site plans required herein shall
be submitted in the manner and form acceptable to the Department
of Planning and Community Development and shall show or contain
information as to all proposed land uses, development standards
and regulations to be applicable therein, including, but not
limited to, the location of all buildings and structures,
streets, parking and loading areas, recreation, open spaces, and
park areas, major utilities and drainage facilities, the maximum
height of all buildings and structures, the dimensions of
building lots, the maximum lot coverages and building setbacks,
all buffering and screening areas and devices, the location,
size, and types of detached signs and the regulations to be
applied to all signs, and such other information as may be
required by the department
2 Any comprehensive site plan required to be submitted
herein for any parcel of land shown on Exhibit B, whether one or
more, shall not be
standards
MAXIMUM
PARCEL ACREAGE
inconsistent with the following minimum
MAXIMUM MAXIMUM HEIGHT APPLICABLE DEVELOPMENT
NUMBER OF BUILDINGS STANDARDS/PROPOSED USES-
OF UNITS (STORIES) PER ZONING DISTRICTS
A 41 93 N/A 3 General Retail, and
scientific and research
laboratories, engine and
motor repairing, and
wholesale office and
sample room type uses
B 20 24 N/A 3 Office
C 24 70 N/A 2 Office
D 11 34 200 2 Multi-family (MF-1), and
minimum common recre-
ation/ open square area
of 1 10 acres
E 21 85 260 2 Multi-family (MF-R) and
minimum common recre-
ation/ open space area
of 2 20 acres
F 23 41 93 2 Single-Family (SF-10)
G 19 31 42 2 Single-Family (SF-16)
H 23 42 144 2 Zoning districts not
applicable, zero lot
line single family
homes, 40% maximum lot
coverage
I 38 97 159 2 Single-Family (SF-7)
J 14 00 N/A N/A Public Park
3 The public park site shown as Parcel J on Exhibit B shall
be dedicated by an approved final plat or separate instrument of
conveyance prior to the issuance of any building permits for any
parcel of land to be used for residential purposes
4 A general development plan as specified in Appendix A of
the Code of Ordinances, shall be submitted for the first parcel
of land or phase to be developed or platted The plan shall
include an exact description of all infrastructure improvements
necessary to serve the parcel of land or phase proposed for
development The plan shall specify the phases in which all
parcels of land within the district are proposed to be developed
5 With each comprehensive site plan submitted for approval,
a tree preservation plan shall also be submitted The plan
shall show all existing trees over three inches in diameter,
measured six feet from ground level, which of those trees
required to be shown, will be removed as a result of develop-
ment, and the location, size, and type of trees that will be
substituted for any existing trees that are proposed to be
removed, or will be planted in addition thereto
6 With each comprehensive site plan submitted for approval
for parcel A, B, C, D, or E, a landscaping plan shall be sub-
mitted showing at least twenty percent of the total area of the
Z-1789/PAGE 2
tract, exclusive of areas for street rights-of-way, to be
permanently used and maintained as common areas for plants,
shrubs, grasses or other landscape features
7 After approval of any comprehensive site plan for any
parcel of land in the district which is proposed to have direct
or indirect vehicular access to Bonnie Brae Street, but prior to
the beginning of any development of such parcel, a development
contract as required by Appendix A of the Code of Ordinances
shall be executed to provide for the paving of Bonnie Brae
Street in accordance with the provisions of Appendix A of the
Code of Ordinances, provided, however, that such improvements
shall include the improvement of Bonnie Brae Street from its
intersection with Highway 77 to its intersection with Payne
Drive Such improvements shall be made in accordance with City
standards and shall be completed and approved prior to the
acceptance of any public improvements in the parcels of land to
which this paragraph applies
8 The first comprehensive plan submitted for approval of
the district shall include and show a plan for the realignment
of Bonnie Brae Street where it intersects with Highway 77, and
provide for the cost of all needed traffic signilization for the
proposed intersection of realigned Bonnie Brae Street and the
major east-west arterial street adjacent to parcels A, B and
C The approved plan shall be attached to or incorporated in
the comprehensive plan so approved
9 All development contracts required to be executed in
accordance with Appendix A of the Code of Ordinances for the
development of any parcel of land shall provide for the
construction of sidewalks, meeting City specifications, along
the southern and western sides of all public streets to be
constructed or improved within or adjacent to the district
10 The first comprehensive site plan submitted for approval
for the district shall be accompanied by a plan providing for a
cul-de-sac at the northern end of Westgate Drive where it abuts
the district The development contract for the first parcel of
land or phase to be developed shall provide for construction an
completion of the required cul-de-sac in accordance with the
plan thereof approved with the first comprehensive site plan
11 Prior to the issuance of any building permits for
buildings in parcels C, D, E, or H, a six foot high masonry
fence shall be constructed along the respective borders of the
parcel for which the building permit is sought, such fences to
be located as follows the southern and western boundaries of
Parcel C, the western boundary of Parcel D, the southern and
western boundaries of Parcel E, and the eastern, western and
southern boundary of Parcel H
SECTION IV
That the approval of the district as provided for herein
shall not, and is not intended to, be deemed approval of any
particular land use in such district, but shall be construed
only to mean that those proposed land uses, as provided for
herein, may be considered as possible appropriate uses for the
district at the time the comprehensive site plan in submitted
therefore, the approval thereof being based upon relevant
factors which may include, but not be limited to the time
elapsed from the effective date of this ordinance to the date
the comprehensive site plan for the district is submitted, the
number of proposed buildings or dwelling units and proposed
uses, the arrangement and design of the buildings, streets,
parking areas, utilities and other development features, and the
proposed regulations to be applied to the district
Z-1789/PAGE 3
SECTION V
That the development of the property shall be in substantial
compliance with the final comprehensive site plan hereafter
approved and made a part hereof for all purposes and the regula-
tions, conditions, and provisions herein contained
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
District Classification and Use subject to the above conditions
and specifications
SECTION VI
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 VII
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
SECTION VIII
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 ordnance 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 ST P ENS, AYOR
CITY DENTON, TEXAS
ATTEST
C UOTTE ALLEN, l CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON. TEXAS
BY
`rv
Z-1789/PAGE 4
EXHIBIT "A"
All that certain c, tract, or parcel of land si ated in the Nathan
Wade Survey, Abstract Number 1407 and the F Batson Survey, Abstract
Number 43, Denton County, Texas and being a tract described in a Quit
Claim Deed to Dillon F Smith and John Linn Smith, recorded in Volume
608, page 393, Deed Records and part of a tract described in a deed to
Dillon F and John Linn Smith, recorded in Volume 608, page 394, Deed
Records, part of a tract to Dillon F Smith, Trustee, recorded in
Volume 608, page 396, Deed Records, and part of a tract to John Linn
Smith and Dillon Francis Smith, recorded in Volume 512, page 573, part
of a tract to Frank W Head, recorded in Volume 660, page 728, Deed
Records and being more particularly described as follows
Beginning at a fence corner post at the northwest corner of the tract
described in Volume 608, page 393, Deed Records,
Thence North 89 degrees 45 minutes 35 seconds East with a fence
1902 32 feet to an iron pin found in the ground,
Thence North 00 degrees 19 minutes 25 seconds East 759 45 feet to an
iron pin found in the ground on the south right-of-way of U S Highway
77,
Thence South 58 degrees 58 minutes 17 seconds East with the south line
of said U S Highway 77, 694 30 feet to a fence corner post,
Thence South 45 degrees 06 minutes 04 seconds East 82 39 feet to a
fence corner post,
Thence South 26 degrees 01 minutes 58 seconds East with the west line
of Bonnie Brae 378.32 feet to a fence corner post,
Thence North 89 degrees 45 minutes 35 seconds East 32 40 feet to an
iron pin set in the center of Bonnie Brae, said corner being the
northeast corner of said Volume 608, page 393,
Thence South 00 degrees 19 minutes 28 seconds West with said east line
1902 59 feet to an iron pin set in the ground,
Thence South 89 degrees 56 minutes 37 seconds West with a fence part
of the way 987 40 feet to an iron pin set in the ground,
Thence South 00 degrees 13 minutes 25 seconds West a distance of
1444 98 feet to an iron pin set at a point in the south line the tract
described in Volume 608, page 396 and in the north line of tract
described in Volume 512, page 573, Deed Records,
Thence South 89 degrees 30 minutes 41 seconds East with said south
line 61 16 feet to an iron pin set in the ground at the northwest
corner of the excepted tract described in Volume 512, page 573, Deed
Records,
Thence South 00 degrees 48 minutes 12 seconds West with the west line
of said excepted tract 237 62 feet to an iron pin set in the ground at
its southwest corner,
Thence South 89 degrees 11 minutes 59 seconds East with a fence on the
south line of said excepted tract 900 0 feet to a fence corner post at
the southeast corner of the excepted tract,
Thence North 00 degrees 48 minutes 01 seconds East with a fence on the
east line of the excepted tract 242 52 feet to a fence corner post,
Thence South 89 degrees 31 minutes 20 seconds East a distance of 23 67
feet to an iron pin set in the east line of said Wade Survey,
Thence South 00 degrees 19 minutes 28 seconds West with the east line
of the Wade Survey 916 79 feet to an iron pin set in the ground,
Thence North 89 degrees 49 minutes 11 seconds West with a fence part
of the way 2720 22 feet to an iron pin found in the center of Payne
Road,
Thence North 00 degrees 05 minutes West with the center line of Payne
Road 2905 45 feet to an iron pin found,
Thence North 00 degrees 24 minutes 46 seconds West a distance of
1348 13 feet to the Point of Beginning and containing 239 174 acres of
land
Z-1789
69LT-Z
"q" ,LISIHxa