1984-077NO ~'T r TT
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS,
AS SAME WAS AD PTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE
CITY OF DENTO , TEXAS, BY ORDINANCE NO 69-1, AND AS SAID MAP
APPLIES TO APPROXIMATELY 8 74 ACRES OF LAND OUT OF THE ALEXANDER
HILL SURVEY, }ABSTRACT NO 623, DENTON COUNTY, TEXAS, AND MORE
PARTICULARLY DESCRIBED HEREIN, AND DECLARING 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 certa~n tract or parcel of land situated in the Alexander
Hill Survey, A stract No 623, City and County of Denton, Texas,
being all of a First and Third Tracts described in a deed from Mrs
Ben L Smith o Ben L Smith, Jr , et al on December 4, 1970
recorded in Vo ume 612, Page 107, Deed Records and all of a First
and Second tracts described in a deed from Fannie B Overall to Ben
L Smith on June 24, 1940 recorded in Volume 284, Page 490, Deed
Records and pant of 4 acres in 2 tracts described in a deed from W
T C Potter to G W Smith on May 28, 1906, recorded in Volume 99,
Page 340, DeediRecords and part of a tract described in a deed from
R L Selby, J~ , to Ben L Smith on January 15, 1943, recorded in
Volume 300, Page 1, Deed Records of Denton County and being more
fully described as follows
BEGINNING at tl~e southwest corner of the Third Tract described in
Volume 612, Page 107, Deed Records of Denton County in Cleveland
Street,
THENCE north 1418105" west in Cleveland Street a distance of 125 0
feet to an iron pin at the northwest corner of said Third Tract,
THENCE south 89°49'33" east along and near a fence a distance of
208 0 feet to ~n iron pin on the west boundary line of the First
Tract from Fann e B Overall to Ben L Smith near a fence corner,
THENCE north 1°18'05" west with a fence a distance of 130 0 feet to
an iron pin and fence corner at the northwest corner of said Fannie
B Overall Second Tract,
THENCE south 8 °49133" east with the north boundary line of said
Second Tract a ong and near a fence a distance of 100 0 feet to an
iron pin at th southwest corner of said First Tract from Mrs Ben
L Smith to Ben L Smith, Jr , et al,
THENCE north 1~18105" west a distance of 160 0 feet to an iron pin
at the northwest corner of said last mentioned First Tract in
Collins Street,)
THENCE south 8049'33" east in Collins Street a distance of 108 0
feet to an iro pin at the northeast corner of said First Tract and
northwest corner of said tract from R L Selby, Jr to Ben L Smith,
THENCE south 62016122" east a distance of 52 78 feet to a steel pin
at the west southwest corner of a tract described in a deed from Ben
L Smith to the City of Denton on December 23, 1975,
Z-1649/CHRISTOPHER BANCROFT/PAGE 1
THENCE south 76025115" east with the south boundary line of the City
of Denton tract a distance of 98 15 feet to a steel pin,
THENCE south 0034154" west with the west bondary line of said City
of Denton tract a distance of 202 70 feet to an iron pin,
THENCE south 21035110" west with the west line of a City of Denton
tract a distance of 157 85 feet to an iron pin,
THENCE south 17019109" west with the west line of said City tract a
distance of 332 74 feet to an iron pin at the beginning of a curve
on the west right of way of Carroll Boulevard,
THENCE southerly with said right of way and curve to the right
having a central angle of 0057119" a chord bearing and distance of
south 23053124" west 149 49 feet, a radius of 8965 90 feet and an
arc length of 149 43 feet to a steel pin of the south line of said 4
acre tract,
THENCE north 84053120" west with the south line of said tract a
distance of 127 13 feet to an iron pin and corner tree of the
southwest corner of said 4 acres from W T C Potter to G W Smith,
THENCE north 0017113" east with the west boundary line of said tract
along and near a fence a distance of 424 84 feet to an iron pin and
fence corner on the south boundary line of said aforementioned Third
Tract from Mrs Ben L Smith to Ben L Smith, Jr , et al,
THENCE north 89049133" west along and near a fence a distance of
204 45 feet to the point of beginning and containing 5 374 acres of
land
All that certain tract or parcel of land situated in the Alexander
Hill Survey, Abstract No 623, City and County of Denton, Texas,
being all of a certain Second Tract described in a deed from Mrs
Ben L Smith, Jr , et al on the 4th day of December, 1970, recorded
in Volume 612, Page 107, Deed Records of said County, and being more
fully described as follows
BEGINNING at the northwest corner of said Second Tract at the
intersection of a point in Cleveland Street with a point near the
middle of Collins Street,
THENCE south 89049133" east in Collins Street a distance of 108 0
feet to an iron pin,
THENCE south 1018'05" east a distance of 160 0 feet to an iron pin
on the north boundary line of a tract described in a deed from W W
Peacock to J C Ferrell recorded in Volume 340, Page 632, Deed
Records of Denton County,
THENCE north 89049'33" west with a fence a distance of 108 0 feet to
an iron pin near the east boundary line of Cleveland Street,
THENCE north 1018105" west in Cleveland Street a distance of 160 0
feet to the point of beginning and containing 0 3966 acres of land
All that certain tract or parcel of land situated in the Alexander
Hill Survey, Abstract 623, Denton County, Texas, being all of a
certain tract deeded by W N Peacock to J C Ferrell on the 6th
eay of November, 1947, recorded in Volume 340, Page 632, Deed
Records of said County and all of a certain tract deeded by Mrs
Ester Sams to James Clyde Ferrell on the 18th day of December, 1945,
Z-1649/CHRISTOPHER BANCROFT/PAGE 2
as recorded in Volume 321, Page 104 Deed Records of said County and
being more fully described as follows
BEGINNING at the northwest corner of said Peacock to Ferrell Tract,
THENCE south 89049133" west along the north boundary line of said
Peacock to Ferrell Tract a distance of 208 0 feet (called 207 5
feet) to an iron pin,
THENCE south 010189105" east a distance of 130 0 feet to an iron
pin, same being the southeast corner of said Sams to Ferrell Tract,
THENCE north 89049'33" east a distance of 208 0 feet (called 207 5
feet) to an iron pin in the east line of Cleveland Street,
THENCE north 01018'05" west a distance of 130 0 feet to the point of
beginning and containing 0 6207 acres
All that certain tract or parcel of land situated in the A Hill
Survey, Abstract 623, City of Denton, Texas, Denton County, Texas,
being all of a tract deeded by Walter M Jost to Philip J Kay, et
al on the 1st day of August, 1980, recorded in Volume 1033, Page
759, Deed Records of said County and being more fully described as
follows
BEGINNING at the northwest corner of said Kay Tract at an iron pin,
THENCE south 89049'33" east a distance of 203 0 feet to an iron pin,
THENCE south 00017'13" west a distance of 75 0 feet to an iron pin,
THENCE north 89049133" west a distance of 203 0 feet to an iron pin,
THENCE north 00017'13" east near the east boundary line of Cleveland
Street a distance of 75 0 feet to the point of beginning and
containing 0 3495 acres of land
All that certain tract or parcel of land situated in the A Hill
Survey, Abstract 623, City of Denton, Texas, Denton County, Texas,
being all of a tract deeded by Kenneth L Mitchell, et ux to Royce
L Ward on the 22nd day of October, 1961, recorded in Volume 475,
Page 431, Deed Records of said County and and being more fully
described as follows
BEGINNING at the northwest corner of said Ward Tract at an iron pin,
THENCE south 89049133" east a distance of 203 0 feet to an iron pin,
THENCE south 00017113" east a distance of 75 0 feet to an iron pin,
THENCE north 89049133" west a distance of 203 0 feet to an iron pin,
THENCE north 00017113" west near the east boundary line of Cleveland
Street a distance of 75 0 feet to the point of beginning and
containing 0 3495 acres of land
All that certain tract or parcel of land situated in the A Hill
Survey, Abstract 623, City of Denton, Texas, Denton County, Texas,
being all of a tract deeded by John Myers to Cecil F Martin on the
3rd day of January, 1972, recorded in Volume 637, Page 133, Deed
Records of said County and being more fully described as follows
BEGINNING at the northwest corner of said Martin Tract at an iron
pin,
Z-1649/CHRISTOPHER BANCROFT/PAGE 3
THENCE south 89049'33" east a distance of 208 89 feet to an iron pin,
THENCE south 00017113" west a distance of 205 39 feet to an iron pin,
THENCE north 89049133" west a distance of 208 89 feet to an iron pin,
THENCE north 00017'13" east a distance of 205 39 feet to the point
of beginning and containing 0 9849 acres of land
All that certain tract or parcel of land situated in the A Hill
Survey, Abstract 623, City of Denton, Texas, Denton County, Texas,
being all of a tract deeded by Willie Orr to W C Orr, et al on the
23rd day of November, 1951, recorded in Volume 375, Page 127, Deed
Records of said County and and being more fully described as follows
BEGINNING at the northwest corner of said Orr Tract at an iron pin
in Collins Street,
THENCE south 89049133" east with the north boundary line of said Orr
Tract in Collins Street a distance of 100 0 feet to an iron pin,
THENCE south 01018105" east a distance of 160 0 feet to an iron pin,
THENCE north 89049133" west a distance of 100 00 feet to an iron pin,
THENCE north 01018105" west a distance of 160 0 feet to the point of
beginning and containing 0 3673 acre of land
All that certain tract or parcel of land situated in the A Hill
Survey, Abstract 623, City of Denton, Texas, Denton County, Texas,
being all of a tract deeded by J L Pitt to Jim Talley on the 12th
day of February, 1955, recorded in Volume 407, Page 261, Deed
Records of said County and being more fully described as follows
BEGINNING at the northwest corner of said Talley Tract at an iron
pin,
THENCE south 89049133" east a distance of 203 0 feet to an iron pin,
THENCE south 00017'13" west a distance of 75 0 feet to an iron pin,
THENCE north 89049'33" west a distance of 203 00 feet to an iron pin,
THENCE north 00017'13" east near the east boundary line of Cleveland
Street a distance of 75 0 feet to the point of beginning and
containing 0 3495 acre of land
is hereby changed from Single Family "SF-7" District Classification
Use to Planned Development "PD" District Classification and Use as
(1) residential land use on 4 00 acres at 10 5 units per acre, (2) a
single story 2,400 square foot retail site, (3) a two story 6,000
square foot restaurant and (4) maximum of two (2) office sites (not
exceeding 20,000 square feet each and not exceeding three (3)
stories, under the Comprehensive Zoning Ordinance of the City of
Denton, Texas with the following conditions and specifications
1 Both sides of Collins Street from Fort Worth Drive to the
intersection of Collins and Cleveland Street shall be improved by
the developer Half of Cleveland Street across the entire frontage
of the subject tract shall be improved per normal City of Denton
perimeter street requirements Street improvements may occur in
phases or as development occurs
Z-1649/CHRISTOPHER BANCROFT/PAGE 4
2 If a minimum 25 percent of total development is not completed
in five (5) years, the parcel shall be considered for backzoning to
its previous SF-7 classification
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 subject to the above conditions, specifications and site
plan
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
Commission and the City Council of the City of Denton, Texas, after
giving due notice thereof
PASSED AND APPROVED this the 101_ day of , 1984
ATTEST
C A LOTTE ALLEN, CITY SECRE RY
COT OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
Z-1649/CHRISTOPHER BANCROFT/PAGE 5
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