1985-0611028L
NOTE Amended by 94-037
NO _SS16Z
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 4 4275 ACRES OF LAND LOCATED AT 1213 BERNARD STREET, AND IS MORE
PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR A CHANGE IN ZONING
CLASSIFICATION FROM SINGLE-FAMILY "SF-7" DISTRICT CLASSIFICATION
AND USE DESIGNATION TO PLANNED DEVELOPMENT "PD" DISTRICT
CLASSIFICATION AND USE DESIGNATION, 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
Being all certain tract or parcel of land situated in the City and
County of Denton, State of Texas, and being part of the Alexander
Hill Survey, Abstract No 623, and part of a certain 5 acre tract
of land conveyed by W C Davis, et al to 0 C Davis, by deed
dated July 10, 1940, and shown of record in Volume 285, Page 529,
Deed Records of Denton County, Texas, and more particularly
described as follows
BEGINNING at a point in the west boundary line of said survey and
in the west line of said 5 acre tract at the southwest corner of a
lot conveyed by L G Calhoun and wife to G C Stuart by deed
dated December 8, 1947 and shown of record in Volume 353, Page 160,
Deed Records of Denton County, Texas, said corner being 60 00 feet
south of the northwest corner of said 5 acre tract,
THENCE east along the south line of said lot conveyed to G C
Stuart 125 00 feet to its southeast corner,
THENCE north 60 00 feet to the southeast corner of said G C
Stuart's lot in the north line of said 5 acre tract,
THENCE east along the north line of said 5 acre tract, 661 10 feet
to the northeast corner of said 5 acre tract,
THENCE south along the east line of said 5 acre tract, 277 78 feet
to the southeast corner of said 5 acre tract,
THENCE west along said 5 acre tract, 636 11 feet to the southeast
corner of a certain tract of land conveyed by L G Calhoun and wife
to G C Stuart by deed dated December 8, 1947, and shown of record
in Volume 344, Page 486, Deed Records of Denton County, Texas,
THENCE north along the east line of said lot conveyed to G C
Stuart 60 feet past its northeast corner and the southeast corner
of a certain lot conveyed by L G Calhoun and wife to G C Stuart
by deed dated December 8, 1947 and shown of record in Volume 345,
Page 524, Deed Records of Denton County, Texas, and continuing
north all 120 00 feet to the northeast corner of said lot conveyed
to G C Stuart by deed dated December 8, 1947 shown of record in
Volume 345, Page 524, Deed Records of Denton County, Texas,
THENCE west along the north line of said lot 150 00 feet to its
northwest corner in the west boundary line of said survey,
Z-1721/ALPHA JOINT VENTURES/PAGE 1
THENCE north along the west boundary line of said survey 97 78
feet to the place of beginning and containing 4 4275 acres
(192,863 sq ft ) of land
is hereby changed from Single-Family "SF-7" District Classifica-
tion 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 of the property shall be in substantial
compliance with the site plan attached hereto and made a part
hereof for all purposes
SECTION III
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 Classifica-
tion and Use subject to the above conditions and specifications
SECTION IV
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 V
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
Commission and the City Council of the City of Denton, Texas,
after giving due notice thereof,
PASSED AND APPROVED this the day of March, 1985
R
CITY OF DENTON, TEXAS
ATTEST
CHARLOTTE-ALLEN, CMTY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
JOE D MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
Z-1721/ALPHA JOINT VENTURES/PAGE 2
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j:\wpdocs\ord\irwin-1 ord
ORDINANCE NO ~-03 /
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
IN ZONING FROM PLANNED DEVELOPMENT NO 140 AND PLANNED DEVELOPMENT
NO 94 TO MULTIPLE-FAMILY - 1 ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION WITH CONDITIONS (NF-1-C) FOR 11 92 ACRES OF LAND
LOCATED ON THE SOUTHEAST CORNER OF BERNARD AND COLLINS STREETS,
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Dale Irwin has applied for a change in zoning for
7 494 and 4 427 acres of land from Planned Development No 140
(PD-140) and Planned Development No 94 (PD-94), respectively, to
Multiple-Family - 1 with conditions (NF-1-c) zoning district
classification and use designation, and
WHEREAS, on February 23, 1994, the Planning and Zoning
commission recommended approval of the requested change in zoning,
and
WHEREAS, the City Council finds that the change in zoning will
be in compliance with the Denton Development Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the zoning district classification and use
designation of 11 92 acres of land, 7 494 acres being described in
PD-140 (Ordinance No 91-058) and 4 427 acres being described in
PD-94 (Ordinance No 85-61), respectively, is changed from Planned
Development to Multiple-Family - 1 with conditions (MF-1-c) zoning
district classification and use designation under the comprehensive
zoning ordinance of the City of Denton, Texas
SECTION II That the district shall be subject to the
following conditions pursuant to Division 5 of Article III of
Chapter 35 of the Code of Ordinances
1 The maximum allowed number of units on the total 11 92
acres shall be 142 Should the two properties remain separate
and be developed separately, the maximum allowed number of
units on the 7 494 acre tract shall be 88 and the maximum
allowed number of units on the 4 4275 acre tract shall be 54
2 Setbacks shall be as follows
Front yard (Collins/Bernard Streets) - 25 feet
Side yard (interior) - 10 feet
Side yard (adjacent to single family residential fronting
Bernard) - 15 feet
Rear yard - SO' except that on the 7 494 acre tract a minimum
of 120' shall be maintained along the east property line for
drainage purposes The easternmost 60' of this setback may be
utilized for passive recreational uses to include but not
limited to jogging trails, picnic facilities and similar non-
active recreational facilities The remaining 60' of the
setback may be utilized for passive or active recreational
uses Active recreational uses include, but are not limited
to, volleyball, tennis, hand ball, and swimming pool facili-
ties
3 The regulations of the Denton Landscape Code relating to
landscaping, screening and tree preservation shall be met The
existing trees and vegetation in the required 120' setback
along the east property shall be maintained as buffering
Solid landscape screening of at least 6' in height shall be
provided to the existing SF-7 lots on Bernard Street A tree
inventory shall be provided prior to submittal for a building
permit to determine the location of protected trees
4 No parking spaces shall be allowed adjacent to Bernard
Street No head-in parking spaces shall be allowed adjacent to
Collins Street
5 The maximum height of any proposed building shall not
exceed 2 1/2 stories, however any buildings fronting on Bernard
Street may not exceed 1 1/2 stories in height
6 A minimum 20% of the site shall be used for open space or
recreational uses
7 The interior circulation on the 7 494 acre site shall be
designed to encourage equal usage of both proposed driveways
The circulation layout shall be designed similar to the
conceptual circulation plan identified as Exhibit "A" and
attached hereto and made a part thereof for all purposes
8 Should the two properties be developed separately, a
reciprocal access easement shall be granted allowing access
from the 4 4275 acre tract across the 7 494 acre tract
SECTION III That the City's official zoning map is amended to
show the change in zoning district classification
SECTION IV That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000 Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense
SECTION V That this ordinance shall become effective four-
teen (14) days from the date of its passage, and the City Secretary
is hereby directed to cause the caption of this ordinance to be
PAGE 2
published twice in the Denton Record-Chronicle, the official news-
paper of the City of Denton, Texas, within ten (10) days of the
date of its passage
PASSED AND APPROVED this thea2V%' day of / , 1994
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY k~~
APP OVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY n r- PAGE 3
f munc/Rernard
EXHIBIT A
NORTH
I
GO{Jl,Ep'f LI/~1. GII¢GLILAT ION
I°t-AN
Conceptual Circulation Plan
C
Date 2/17/94 Scale. none v