1986-0641387E • !
NO. _6~1
AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT DISTRICT APPROVED
BY ORDINANCE NO. 85-70, AS IT APPLIES TO 37.6 ACRES OF LAND
LOCATED AT THE NORTHWEST CORNER OF AUDRA LANE AND HIGHWAY LOOP
288, BY AMENDING THE CONDITIONS AND SITE PLAN APPLICABLE TO SAID
DISTRICT; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF
$1000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
That Ordinance No. 85-70, approved on April 2, 1985,
providing for the zoning classification and use designation of
the real property described in Exhibit A, attached hereto and
incorporated by reference, as a Planned Development District, is
hereby amended in full so that hereafter the property shall be
governed by the provisions of this ordinance.
SECTION II.
That the site plan attached hereto as Exhibit B, which is
incorporated herein by reference, is hereby approved as the
development plan for the district subject to the conditions,
limitations and restrictions contained in this ordinance.
SECTION III.
That the district herein approved, as amended, shall be
subject to the following conditions, restrictions, and
limitations:
1. That the 6.4 acre tract designated for two-family (2-F)
residential development, as shown of Exhibit B, shall be
developed and used in accordance with the development standards
and regulations applicable to two-family (2-F) dwelling
districts, as provided for in Appendix B-Zoning of the Code of
Ordinances, on the effective date of this ordinance.
2. That prior to the beginning of any development or
construction for any parcel of tract within the district, except
the tract referred to in 1., above, and prior to 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 provisions of this ordinance. The
required comprehensive site plans shall be submitted in the
manner and form acceptable to the Department of Planning and
Community Development and shall contain or show information as
to all proposed land uses, development standards and regulations
to be applicable therein, including, but not limited to the
following: the location of all buildings and structures,
streets, parking and loading areas, open spaces, and
recreational areas, major utilities and drainage facilities; the
maximum height of all buildings and structures; the dimensions
of all building lots; the maximum lot coverages and building
setbacks; all buffering and screening areas and devices; the
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location, size, and types of detached signs and the regulations
to be applied to all signs; and such other development
information as may be required by the department.
3. A general development plan, as specified in Appendix A of
the Code of Ordinances, shall be submitted with the first parcel
of land to be platted for development.
4. With each required
preservation plan shall also
show all existing trees over
six feet from ground level;
shown will be removed as
location, size, and type of
any existing trees that are
planted in addition thereto.
comprehensive site plan, a tree
be submitted. The tree plan shall
three inches in diameter, measured
which of those trees required to be
a result of development; and the
trees that will be substituted for
proposed to be removed, or will be
5. Each comprehensive site plan required to be submitted
shall provide for sidewalks along one side of all existing or
proposed public streets within or adjacent to the tract proposed
to be developed.
6. With each required comprehensive site plan, a
comprehensive landscaping plan shall also be submitted. The
landscaping plan must show at least twenty percent of the total
area of the tract to be developed, exclusive of areas to be
dedicated as public streets, to be permanently used and
maintained as common areas for plants, shrubs, grasses or other
similar landscape features.
7. The comprehensive site plan required for the 10 acre
parcel of land proposed to be used for multifamily dwellings, as
shown of Exhibit B, shall contain development standards and
regulations which are consistent with the regulations that are
applicable to multifamily dwelling districts (MF-1), as provided
for in Appendix B-Zoning of the Code of Ordinances, on the
effective date of this ordinance.
8. The comprehensive site plan required for the 3.5 acre
parcel of land proposed to be used for cluster housing, as shown
on Exhibit B, shall contain development standards and
regulations which are consistent with the regulations that are
applicable to multifamily restricted (MF-R) zoning districts, a
provided for in Appendix B-Zoning of the Code of Ordinances, on
the effective date of this ordinance.
9. The comprehensive site plan required for the 6 acre
parcel of land proposed to be used for retail, office, and
warehouse uses, as shown on Exhibit B, shall contain development
standards and regulations which are consistent with the
regulations that are applicable to general retail (GR) zoning
districts, as provided for in Appendix B-Zoning of the Code of
Ordinances, on the effective date of this ordinance.
10. The comprehensive site plan required for 7.7 acre parcel
of land proposed to be used for office and warehouse uses, as
shown on Exhibit B, shall contain development standards and
regulations which are consistent with the regulations that are
applicable to office (0) zoning districts, as provided for in
Appendix B-Zoning of the Code of Ordinances, on the effective
date of this ordinance.
PAGE 2
11. Prior to the issuance of any building permits for
buildings on the tract of land proposed to be used for office
and warehouse uses and the tract of land proposed to be used for
multifamily dwelling uses, as shown on Exhibit B, a six-foot
high solid masonry fence shall be constructed along the western
boundaries of the respective tracts.
SECTION IV.
That the approval of the district and attached site plan for
the district as provided for herein, shall not, as to any parcel
or tract of land contained in district, except the tract or
parcel shown for two-family (2-F) use, be construed as final
approval of the proposed land used for such tracts of land, but
shall be construed to mean that those proposed land uses, as
provided for herein, may be considered as possible appropriate
uses for such tracts of land in the district at the time the
comprehensive site plans required therefore are submitted for
approval; the final approval thereof being dependent upon
relevant factors, which may include, but not be limited to the
following: the time elapsed from the effective date of this
ordinance to the date the required comprehensive site plan for
the tract of land is submitted; the number, size and location of
proposed buildings or dwelling units shown thereon; the proposed
uses shown thereon; the arrangement and design of the buildings,
streets, parking areas, utilities and other development features
shown thereon; and any other development features or proposes
regulations to be applied therein.
SECTION V.
The Zoning Map of the City of
day of January, 1969, as an App
of the City of Denton, Texas
amended, is hereby amended to
Classification and Use subject
specifications.
Denton, Texas, adopted the 14th
endix to the Code of Ordinances
under Ordinance No. 69-1, as
show such change in District
to the above conditions and
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.
PAGE 3
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 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.
fflAY R
CIT OF DEN ON, TEXAS
ATTEST:
C
LO T
ALLEN,
CITY SE RET Y
C
OF
NTON,
TEXAS
APPROVED AS TO LEGAL FORM:
° DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: 200
PAGE 4
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BXKIBIT "A"
06 January 1986
S-7040
Strata Properties
F I E L D N 0 T E S
All that certain 37.600 acre tract or parcel of land situated in the
R.B. Longbottom Survey, Abstract Number 775, Denton County, Texas,
said tract being part of a called 24.935 acre tract shown by deed to
Turner F. Gassaway, recorded in Volume 504, page 229 and part of a
called 16.141 acre tract shown by deed to Turner F. Gassaway, recorded
in Volume 504, page 226, Deed Records, Denton County, Texas, and being
more particularly described as follows:
Beginning for ttie northwest corner of this tract at an iron pin, said
pin is the northwest corner of said 24.925 acre tract, and said pin is
also the northwest corner of a called 40.00 acre tract shown by deed
to J.P. Sitz, recorded in Volume 130, page 519, Deed Records, Denton
County, Texas;
Thence South 88 degrees 42 minutes 24 seconds East with the north line
of said 24.925 acre tract, a distance of 831.84 feet to an iron pin,
found, the northwest corner of a tract shown by (teed to Fred H. and
Sam H. Peterson, recorded in Volume 929, pave 553, Deed Records,
Denton County, Texas, for the most northerly northeast corner of this
tract;
Thence South 00 degrees 37 minutes 24 seconds ,lest with a fence a
distance of 100.13 feet to a fence corner post, the southwest corner
of said Peterson tract, for an inner ell corner of this tract;
Thence South 38 degrees 56 minutes 27 seconds East with a fence, and
the south line of said Peterson tract, a distance of 335.38 feet to an
iron pin in the southwest right-of-way of Loope 288, as widened, said
pin is the southwest corner of a tract shown by deed to State of
Texas, recorded in Volume 1039, page 986, said pin is also the
northwest corner of a tract shown by deed to State of Texas, recorded
in Volume 1378, page 937, Deed Records, Denton County, Texas, for the
most easterly northeast corner of this tract;
Thence South 09 degrees 28 minutes 43 seconds East with the said
southwest right-of-way of Loop 288 as widened a distance of 735.94
feet to an iron Din for an angle point of this tract;
Thence South 00 degrees 39 minutes 16 seconds ,lest continuing .,rith
said right-of-way a distance of 505.69 feet to an iron pin in the
center line of Audra Lane, said pin is also in the south line of said
Longbottom Survey, for the southeast corner of this tract;
Thence North 39 degrees 51 minutes 25 seconds West with said center
line, and said south line of survey a distance of 1235.84 feet to an
iron pin found, for the southwest corner of this tract;
Thence North 00 degrees 11 minutes 34 seconds cast with a fence part
way a distance of 1353.43 feet to Point of Beginning.
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