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1986-0161133L Note 86-16 was amended by 87-001 adopted on 1-6-87 NO. Lj 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 39.478 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF F.M. 426 (EAST MCKINNEY STREET), BEING APPROXIMATELY 2,000 FEET EAST OF MAYHILL ROAD, 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 following described property, to-wit. TRACT I. All that certain tract or parcel of land situated in B -ocl A of the Morreau Forrest Survey, Abstract Number 417, Denton County, Texas, the said tract being a part of the called 86.768 acre tract described in the deed from Henry S. Miller Company to R. 0. McDonnell, et ux recorded in Volume 1200, Page 462 of the Deed Records of Denton County, Texas, the said tract being more particularly described as follows. BEGINNING for the most southerly southwest corner of the tract being described herein, at a fence corner post for the most southerly southwest corner of the said McDonnell Tract, same being a re-entrant corner of the tract described in the deed from Felix Callahan, et ux to Ann C. Stark, et al recorded in Volume 1023, Page 630 of the said Deed Records and being on the occupied south line of the said M. Forrest Survey and the north line of the Gideon Walker Survey, Abstract Number 1330, THENCE north 01000'46" west with the west line of the McDonnell Tract and along a fence a distance of 798.58 feet to a fence corner post at a re-entrant corner of said tract, THENCE north 88°07'49" west along a fence a distance of 158.15 feet to a fence corner post at the most westerly southwest corner of the said McDonnell Tract, same being the southeast corner of the tract described in the deed to Hershel Eugene Maughan, et ux recorded in Volume 997, Page 777 of the said Deed Records, THENCE northerly with the west line of the said McDonnell Tract and along a wire fence the following 3 calls 1. north 01°00'54" east a distance of 692.37 feet to an apparent angle point, 2. north 00°14'47" west a distance of 321.99 feet to an apparent angle point, 3. north 01011'58" west a distance of 294.35 feet to an iron rod found at a fence corner on the south right of way of F.M. 720, as occupied, for the northwest corner of the said McDonnell Tract, the said iron rod being 3 feet northerly from another fence corner post, THENCE southeasterly with the southerly right of way of F.M. 720 and the northerly line of the McDonnell Tract the following 3 calls 1. south 86°18'50" east a distance of 430.47 feet to an iron rod set at an angle point in the said line and being near an iron rail fence, 2. south 46033'48" east along and near the said iron rail fence a distance of 411.40 feet to a right of way marker at an angle point in the said line, 3. south 63°44' 11" east along and near the said fence a distance of 219.92 feet to an iron rod set for the northeast corner of the herein described tract, THENCE south 00°10'40" west, severing the said McDonnell Tract, a distance of 887.64 feet to an iron rod set for an angle point in this line, THENCE south 01000'46" west, continuing across the said McDonnell Tract, and passing at 137.19 feet to an iron rod set for the northwest corner of a certain Tract II of 0.334 of an acre, and continuing along the same course, in all, a total distance of 798.58 feet to an iron rod set near an old wire fence on the south line of the said McDonnell Tract, same being the south line of the said M. Forrest Survey, as occupied THENCE north 89°30'13" west with the said south line of the McDonnell Tract and along the general course of the said old wire fence a distance of 812.67 feet to the place of beginning and enclosing 39.478 acres of land, 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 prior to issuance of any certificate of occupancy for the use of any building within the planned development district, the following conditions shall be met: A. a six (6') foot solid wood fence shall be erected along the southern boundary of the general retail section, B. That the area designated as Sections 2, 3 and 4 on the attached site plan for two-family dwellings shall be developed in accordance with the zoning regulations applicable to two-family zoning districts insofar as such regulations are not inconsistent with the attached site plan for such area and use. SECTION III. A. That the City Council approves the comprehensive site plan for the area designated as Sections 2, 3 and 4 on the attached site plan for two-family dwellings with the conditions and regulations herein stated. Z-1725/PAGE 2 That prior to any development or construction within the area desi nated on the attached site plan for general retail (GR), a comprehensive site plan for such area shall be submitted for approval in accordance with the procedures required for approval of planned development districts. The proposed comprehensive site plan for the area designated as general retail shall be restricted to proposed uses for retail and office-showroom warehouses. C. That the approval of the district showing a general retail area on the attached site plan, shall not, and is not intended to, be deemed approval of such designated area for any particular land use, but shall be construed only to mean that uses allowed in general retail zoning districts on the date such comprehensive site plan is submitted, may be considered as possible appropriate uses of such designated area at the time such plan is submitted therefore, and approval thereof may be determined upon consideration of such factors which may include, but not be limited to. the time elapsed from the effective date of this ordinance and the date such comprehensive site plan is submitted for such area, the number of proposed buildings, dwelling units or 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 such area. SECTION IV. That the development of the property shall be in substantial compliance with the comprehensive site plan attached hereto or any comprehensive site plan hereafter approved for any part of the district and made a part hereof for all purposes. 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, be, and the same is hereby amended to show such change in District Classification and Use subject to the above conditions and specifications. SECTION V. 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 VI. 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-1725/PAGE 3 SECTION VII. That Ordinance No. 85-152 is hereby repealed. 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 215'1" day of 1986. ~L )=i~; CI Y OF ENTON, TEXAS ATTEST: CHARLO TE LEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS ` BY O < ryy~ Z-1725/PAGE 4 N t F ~ ~ q ;eEt ;v 2 t , $ z a a;fit! } t D$ z 1668L NO. 81!L,01 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE PLANNED DEVELOPMENT ZONING DISTRICT CREATED BY ORDINANCE NO. 86-16, TO PROVIDE FOR A CHANGE IN USE FROM TWO-FAMILY (2-F) TO SINGLE- FAMILY (SF-7) DWELLING USE FOR 9.5 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF F.M. 426 (EAST MCKINNEY STREET), APPROXIMATELY 2,000 FEET EAST OF MAYHILL ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN, APPROVING A DETAILED PLAN FOR THAT PORTION OF THE DISTRICT, IN ACCORDANCE WITH CHANGE IN USE HEREIN MADE, PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 21, 1986, Ordinance No. 86-16 was approved providing for the creation of a planned development zoning district for 39.4 acres of land, as described therein, for general retail and two-family dwelling use, in accordance with the approved site plan, and, WHEREAS, on May 6, 1986, Article 11, of Appendix B-Zoning of the Code of Ordinances, which provided for the creation of p No. lanned development zoning districts, was amended by Ordinance approval, 84and oameprovide ndment ofo planned pdevelopment f zoning districts; and, WHEREAS, on October 29, 1986, McDonnell Construction and Development made application to amend the provisions of Ordinance No. 86-16, to provide for a change from two-family dwelling use to single-family dwelling use for 9.5 acres of the 39.4 acres of land in the district. A public hearing on the application was held before the City Council on January 6, 1987; and, WHEREAS, this ordinance is adopted to provide for the amendment of ordinance No. 86-16, in accordance with the application made therefore, and to provide for the approval of a detailed plan for a portion of the land included therein, in accordance with the provisions of article 11 of Appendix B-Zoning, as amended; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS. SECTION I. That the provisions of ordinance No. 86-16, providing for two-family (2-F) dwelling use for the 9.5 acres of land described in Exhibit A, attached hereto and incorporated herein by refer- ence, being designated as Section 2 in the site plan attached Z-1846/PAGE 1 to Ordinance No. 86-16, is hereby amended, by the approval and adoption of the Detailed Plan, attached as Exhibit B incorpo- rated herein by reference, showing a change in use to single- family (SF-7) dwelling use for such designated land. No person shall develop or use the land covered by the approved Detailed Plan in violation of the provisions of the Detailed Plan, the provisions of this ordinance, or any other applicable ordinance. SECTION II. That Section II. B. of Ordinance No. 86-16 is amended to read as follows. B. That the area designated as Sections 3 and 4 on the attached site plan for two-family dwellings shall be developed in accordance with the zoning regulations applicable to two-family zoning districts insofar as such regulations are not inconsistent with the attached site plan for such area and use. SECTION III. That Section III. A. of Ordinance No. 86-16 is amended to read as follows. A. That the City Council approves the comprehensive site plan for the area designated as Sections 3 and 4 for two-family dwelling use, subject to the conditions and regulations provided for herein SECTION IV. That a copy of this ordinance shall be attached to Ordinance No. 86-16 showing the amendments herein made. SECTION V. 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 VI. 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 Z-1846/PAGE 2 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. SECTION VII. That this ordnance 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 1~0 day of 1987. RAY EPHE S, MAYOR CITY OF DENTON, TEXAS ATTEST' C UL A LfiN, CI OF ENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BYl GLl/l.~ Z-1846/PAGE 3 COLEMAN S% ASSOC. SURVEYING 417 S LOCUST, SUITE 106 P O BOX 686 DENTON, TEXAS 76202 0686 (817) 565-8215 EXHIBIT "A" WHEREAS, R.O. MCDONNELL, is the owner of all that certain tract of land sit- uated in Block A of the Morreau Forrest Survey Abstract Number 417, Denton County, Texas and being that part of the called 39.478 acre tract described in the Deed from R.O. McDonnell et ux to McDonnell Enterprises, Inc. record- ed in Volume 1477 page 929 of the Deed Records of Denton County, Texas de- signated as Blocks C,D and E of MCDONNELL HIGHLANDS, PHASE ONE as shown by the plat thereof recorded in Cabinet E Slide 330 of the Plat Records of Den- ton County, Texas, the subject tract being more particularly described as followss BEGINNING for the most Northerly Northwest Corner of the tract being describ- ed herein, at an iron rod at the Northeast Corner of Lot 1 Block A of the said McDonnell Highlands and being at the intersection of Glenngary Way with the right-of-way of FM Highway No. 426 ( East McKinney Street ) South 68 Degrees 18 Minutes 50 Seconds West a distance of 430.47 feet and South 64 Degrees 33 Minutes 48 Seconds East a distance of 179.90 feet from the Northwest Corner of the said 39.478 acre tract, THENCE South 64 Degrees 33 Minutes 48 Seconds East with the South right-of- way of FM 426, crossing Glenngary Way a distance of 60.0 feet to an iron rod at the Northwest Corner of Lot 1 in Block B of McDonnell Highlands, THENCE Southerly with the East right-of-way of Glenngary Way and along the arc of a curve to the left having an are radius of 220.00 feet, an arc length of 96.99 feet ( chord bearing South 12 Degrees 48 Minutes 26 Seconds West a distance of 96.21 feet ) to an iron rod at the end of the said curve, THENCE South 00 Degrees 10 Minutes 40 Seconds West continuing with the East right-of-way of Glenngary Way a distance of 280.93 feet to an iron rod at the Southwest Corner of Lot 1 Block B and the Northwest Corner of Lot 1 in Block E, THENCE South 89 Degrees 30 Minutes 14 Seconds East with the common line be- tween Block B and Block E a distance of 373.67 feet to an iron rod at the Southeast Corner of Lot 1 in Block B in the East line of the above mentioned 39.478 acre tract, THENCE South 00 Degrees 10 Minutes 40 Seconds West with the East line of the 39.478 acre tract a distance of 265.00 feet to an iron rod at the Southeast Corner of Block E and McDonnell Highlands, Phase One, THENCE North 89 Degrees 30 Minutes 14 Seconds West severing the 39.478 acre tract with the South line of Phase One a distance of 964.74 feet to an iron rod at the Southwest Corner of Lot 8 in Block D and being in the West line of the 39.478 acre tract; THENCE North 01 Degree 00 Minutes 54 Seconds East along a fence and with the West line of the 39.478 acre tract a distance of 280.50 feet to an iron rod at an angle point therein, Z-1846 THENCE North 00 Degrees 14 Minutes 47 Seconds West continuing with the said line a distance of 244.32 feet to an iron rod at the Northwest Corner of Lot 7 in Block C and the Southwest Corner of Lot 1 in Block A, THENCE South 89 Degrees 30 Minutes 14 Seconds East with the common line between Block C and Block A a distance of 528.79 feet to an iron rod at the Southeast Corner of Block A in the West right-of-way of Glenngary Way, THENCE North 00 Degrees 01 Minutes 40 Seconds East with the West right-of- way of Glenngary Way a distance of 20.59 feet to an iron rod at the beginn- ing of a curve to the right having a radius of 280.00 feet, THENCE Northerly continuing with the West right-of-way of Glenngary Way and along the said curve, an arc length of 123.45 feet ( chord bearing North 12 Degrees 48 Minutes 26 Seconds East a distance of 122.45 feet ) to the PLACE OF BEGINNING and enclosing 9.546 acres of land. Z-1846 EXHIBIT "B" DETAILED PLAN FOR MCDONNELL HIGHLANDS, PHASE I, CONSISTING OF 1. Detailed Site Plan and Preliminary Replat - (1 page), and 2 General Notes - (1 page) Z-1846 k*A 8 ®a ~11 HERSHEL E MAUGHAN C7 i r-~ to Z~ CJ 07 m p m n N X 0 p ~ O W 'aili3 7 y r~, d / T AO / Oo x 4• 8 3° $ 6 6s8 YR a 9 Y ~ p~ 9FF :r ~ pg @ G g pp a I R ~ y. $ e~ S t Ybe e~ ~ e 8 :3 6 R e`~ ~S ~ 3~ S~ i e 6+ ° Z - /A, 41 C McDonnell Highlands, Phase ..is - GENERAL NOTES: 1. It is the intent of the owner (McDonnell Construction and Development) to rezone the 9.546 acres shaded on this exhibit from 2-F to SF-7. 2. This area is zoned low-intensity in the Denton Development Guide. 3. The 9.546 acres shown is part of the 39.5 acre overall PD-98 (Ordinance 86-16). 4. All of the 9.546 acres are proposed for SF-7 use. 5. All streets indicated on the plan are existing. 6. Applying a traffic generation rate of 10 per dwelling unit results in an estimate of 390 trips/day for the 39 total lots. 7. The placement of each house on a lot will be controlled by the current zoning ordinance, and a typical plan is shown on the exhibit 8 The maximum building height will be two stories, the minimum setbacks are shown, minimum lot area is 7,000 sq ft , min lot width is 67 00', min lot depth is 105 00', and min. setbacks are shown on the 'Set-Back Detail' 9. There are 39 lots on 9.546 acres, yielding 4.1 units/acre. 10. Both existing trees are pecans, and they are shown on Lot 3, Block E 11. No open-space, greenbelts, or other public areas are proposed. 12. It is proposed to place the 6' solid wood fence screening along the South boundaries of Lots 1, Block A&B as required by Ordinance 86-16 13. Existing zoning is indicated for adjacent properties 14 All utilities are existing, as shown on the plan 15. The public improvements are complete. Home construction is anticipated to begin about 1 Mar 1987 and be complete on about 30 Sept 1988 16. No landscaping is proposed. 17. No signs (other than individual builders' sales signs) are proposed 18. There is an existing 4' wide sidewalk along the West side of Glengary 19. Individual lots are remaining as originally shown on the Final Plat, ex- cept the center lot lines are now removed 20 Site grading is complete.