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.
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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
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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
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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
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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.