1986-0911425L
NO
AN ORDINANCE PROVIDING FOR APPROVAL Or 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-1740
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 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 04 1986
CC__Al~ -
RAY EPHEN', MAYOR
CITY F DENTON, TEXAS
ATTEST
CHARLOTTE LL~E
-
, CITY-SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
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Z-1790/PAGL 2
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hXHIBIT "A"
,wn Lia ni '^^+l' PrDICATION IGy.vp/phLtg2lgl~'S¢S~Yy~y¢SVi~J T{p..ry,..T Af+ p y
DI DILATION
STATE OF TEXAS
COUNTY OF DENTON
WHIRIAS 104 D JLSITH, JR and IAUL 4 NAIWOOO JR are the owners of all
that certain tract of land situated in the 4 Yoacham Survey Abstract Num-
ber 1442 in the City of Denton, Denton County Iexis and being a part of
the called 10 1097 acre tract described vi the Deed from Tom D Jester Jr
Joe A Below and Distiller s Outlet, Inc to tom D Jester, Jr and Paul 4
Haywood Jr recorded in Volume 1744 Page 444 of the Deed Records of Denton
County Texas the subject tract boinr more particularly described as follois
BEGINNING for the Northeast Corner of the tiact being described herein at a
iooden highway monument at the recognized Northeast Corner of the said 10 1597
acre tract said monument being in the recognized South line of Fast 9vinnei
Street and the (Jest line of Highway loop 288
THENCE South 01 Degree 15 Minntcs 00 Seconds (Jest with the west line of the
said Loop 288 a distance of 364 CO feet to an i on rod set for the Southeast
Corner of the herein described tract said rod being North 01 Degree 15 Min-
utes Cast a distance of 200 feet from the calculated Southeast Corner of the
said 10 1597 acre tract, same being the Northeast Corner of a called 16 1605
acre tract described in the Deed from U S Independent Companies, Trustee to
U S Independent Companies recoided in Volume 1249 Page 758 of the said Deed
Records
THPNCC North 88 Degrees 45 Minutes 00 Seconds (Jest with a line 200 feet North
of and parallel to the South line of the said 10 1j97 acre tract a distance of
222 79 feet to an iron rod set for the Southwest Corner of the herein described
tract, said rod being in the centerline of a 75 foot wide utility casement de-
scribed in the Deed from Metroplex Equities Inc Trustee to the City of Denton
recorded in Volume 1029 Page 281 of the said Deed Records
fHFNCC North 00 Degrees 49 Minutes j4 Seconds Past with the center of said case
ment a distance of 446 70 feet to an iron rod set for the Northwest Corner of
the herein described tract said rod being in the, recognl7ed South line of Cast
Ichinney Street, same being the North line of the said 10 1597 acre tract said
Tod also being South 83 Degrees » Minutes 31 Seconds last A distance of 09
f,et from in iron rod found it the recognizcd Northeast Corner of the said
10 1597 acre tract
rHCNCE South 83 Degrees 55 Minutes 31 Seconds la t iith the recognized South
line of the said Fast McKinney Street a distance of 27 03 feet to a wooden
highway monument found for in angle point therein
THrNCF South 66 Henries A4 Minutes 27 Seconds last continuing with said South line
a distance of 214 53 feet to the PLACE 01 BEGINNING and enclosing 2 108 acres of
land
NOW, THCRErORF KNOW ALL MEN BY TUISE PRESENTS
IH%T, TOM D JESTER JR AND PAUL 4 HAYWOOD JR do hereby adopt this plat de-
516niti08 the hoioin described propeity a 284 CINIIR 101 1 BIOCk 1 ii tha
Citv of Denton Denton County lexas and do hoiebe dedicate to the public use
forever the street rights-of-way and public eisements shown hereon
BY BY
T04 D JESTER JR PAUL M HAYWOOD JR
STATE OF TEXAS
COUNTY Or DENTON
BEFORE 4C the undersigned Notary Public in and for said Countv and State on this
day personally appeared rom D Jester, Jr , known to me to he the person whose name
is subscribed to the foregoing instrument and acknowledged to me that he executed
the same for the purpose and consideration therein expressed and in the capacity
therein stated
GIVFN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OP 1986
Notary Public in the State of fexis
My Commission "%pires -
Z-1790
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EXHIBIT "B"
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Z-1790
NO. a- 9
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 APPROXIMATELY 112.8a ACRES OF LAND
OUT OF THE M.E..P., & P.R..R. SURVEY, ABSTRACT NO. 9271 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 JBCLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON,. 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
P...R..R.. Survey,. Abstract No 927, Denton County,, Texas, being
part of the Second Tract of a deed conveyed by J.. R.. Earle, at
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 7805002(1" west 247.69 feet, (3) north 830812x" 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 29000140" 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 H. 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 in a deed conveyed by J.. R . Earle, et ux
to Delbert T., Cruze on April 18, 19.A1, recorded in Volume 290,
Page 155, and part of a tract conveyed by C.. E Wallace, et ux
to Deb Cruze on July 12, 19A4, 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 northwast 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 6603112.0" 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 304.6.1
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
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 acre]
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 developed,
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=
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 CitV of Denton, Texas,
after giving due notice thereof
PASSED AND APPROVED this the =w-day of October, 1982
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TEXAS
ATTEST
CHARLOTTE ALL ff, CITY SECR RY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS
BY 1 1(_fGL~~
Z-1540/FRED Ii DEAL-PAGE FOUR
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