1982-083 Note Amended by Ordinance No 89-065
Note Amended by Ordinance No 98-062
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 APPROXIMATELY 112 88 ACRES OF LAND
OUT OF THE M E.i:~ & P.R~R SURVEY, ABSTRACT NO. 927, THE M L
AUSTIN SURVEY, ABSTRACT NO. 4, AND THE M. YOACHAM SURVEY,
ABSTRACT NOw 1442, DENTON COUNTY, TEXAS, AND MORE PARTICULARLY
DEMCRIBED H~REIN; AND DECLARING AN EFFECTIVE DATE
TME COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I
The Zonlng Classif lcation and Use designation of the
following described property, to-wit
Ail that certain tract or parcel of land situated in the M.E~P
& P.~R~R ~ Survey,/ Abstract No 927, Denton County, Texas, being
part of the Second Tract of a deed conveyed by J~ R Earle, et
ux to Delbert T. Cruze on April 18, 1941, recorded in Volume
290, Page 155, Deed Records of said County, and being more
particularly described as follows
BEGINNING at the southeast corner of the above described Second
Tract in the center of the Channel of Pecan Creek,
THENCE west with the center l~ne of P~can Creek the following 5
courses and distances (1) north 84o0~' west 171 73 feet, (2)
south 78o5~' 2~" west 247 69 feet, (3) north 83o8'2g" west
384 79 feet, (4) south 84037, west 298 1 feet and (5) south
71017' west 311 7 feet to the east r~ght of way of Loop 288,
THENCE north lO15' east with said east right of way 370 3 feet
to a right of way post,
THENCE north lO37' west 200.2 feet to a right of way post,
THENCE north l°15' east with said east right of way 1530.0
feet to a right of way post,
THENCE north 55o34' east wlth said r~ght of way 56 0 feet to a
r~ght of way post on the south l~ne of East McKlnney Street;
THENCE south 65025' east with said McKlnney right of way 80 9
feet to a right of way post
THENCE south 61o57' east with said McKinney right of way 304 0
feet to a rlght of way post
THENC5 south 62°30' east with said right of way 56 0 feet to a
fence corner,
THENCE south 21o41'~0'' west 1R4 49 feet to a fence corner,
TEENC~ south 62o46'40'' east w~th a fence 467 5 feet to a fence
corner,
THENCE north 29o00'40'' east wlth a fence 191 0 feet to a fence
corner on the south rlght of way of McKlnney street,
THENCE south 61°59' east with said McKlnney Street right of
way 458 6 feet to a right of way post,
Z-1540/FRED H DEAL-PAGE ONE
THENCE southeasterly with said McKlnney Street r~ght of way and~
wlth a 3 611° to the left 125 4 feet to a fence corner,
THENCE south lO45' west with a fence 1320 0 feet to the place
of beginning, and containing ~n all 52 351 acres of land
All that certain tract or parcel of land situated ~n the M L
Austin Survey,~ Abstract No 4, and the M ¥oacham Survey,
Abstract No 1442, Denton County, Texas, and belng part of a
F~rst Tract described in a deed conveyed by J J R ~ Earle, et ux
to Delbert T~ Cruze on Ai~ril 18, 19~1, recorded in Volume 290,
Page 155, and part of a tract conveyed by C ~ E Wallace, et ux
to Deb Cruze on July 12, 19~4, recorded in Volume 306, Page 482,
Deed Records of Denton County, Texas, and being more
partlcularly described as follows
BEGINNING at a fence corner on the south right of way of East
McKlnney Road also being the northwest corner of the above
described Wallace to Cruze tract,
THENCE south 84020' east w~th sa~d r~ght of way 486 0 feet to
a corner,
THENCE south 66°31'Z0" east 213 46 feet to a corner at the
Intersection of East McK~nney and Loop 28~,
Ti{~.NCE south lO15' west with the west r~ght of way of Loop 288
a d~stance of 1573 0 feet to a r~ght of way post,
THENCE south 9o47' west w~th said r~ght of way 200 2 feet to a
r~ght of way post,
THENCE south lO15' west w~th sa~d r~ght of way 393 7 feet to a
corner ~n the center of the Channel of Pecan Creek,
THENCE westerly with the center of Pecan Creek the following
courses and distances (1) south 84041' west 399 05 feet, (2)
south 74o40' west 192 9 feet, (3) south 60o5&' west 39,1 2
feet, (4) north 45001' west 304 6;
THENCE north 83°57' west with a fence 510.0 feet to a fence
corner,
TE~.NCE north lO58' east along and with a fence 992 0 feet to a
fence corner on the south line of sa~d Yoacham Survey,
TH~.NCE north 89°54' east with a fence 975 1 feet to a fence
cot net,
THENCE north lO35' east with a fence 1312 9 feet to the place
of beginning and contalnlng 60 528 acres of land
~s hereby changed from Agricultural "A" Dlstrict Classification
Use to Planned Development "PD" District Classification and Use
under the Comprehensive Zoning Ordinance of the City of Denton,
Texas sub3ect to the following conditions and restrictions and
S~te Plan attached hereto to-wit
1 Land uses w~thln the planned development are
restrlcted to the uses specifically deslgnated on
the general concept plan; specific s~te plan
approval must be granted before development occurs
within the designated land use areas,
Z-1540/FRED H~ DEAL-PAGE TWO
2 Specific development proposals shall conform to
City of Denton requirements regarding zoning use
classifications, subdivision regulations, building
codes and any other codes related to development,
3 Density in multi-family areas shall be limited to
22 units per acre,
4 Density in single-family attached areas shall be
limited to 10 units per acre,
5 Residential streets in accordance with City of
Denton standards shall be provided for Internal
circulation
6 A living screen Or a six (6) foot masonry wall
must be erected between the 10 18 acre retail area
at the southwest corner of Loop 288 and East
McKinney Street and the single family attached
area beginning at its southern boundary when the
general retail area is developed,
7 Adequate screening consisting of a living screen
or a six (6) foot solid masonry wall shall be
erected along any property line where general
retail abuts low density single family residential
housing when the general retail area is developed,
8 Any land use permitted in the general retail (GR)
classification of the zoning ordinance may be
developed in the areas designated as general
retail without amendment of the planned
development (PD) ordinance,
9 If the development plans are not realized within
five (5) years so that actual development includes
some residential and is not llmitd to general
retail, the planned development will be
re-evaluated and considered a candidate for
possible back-zoning to a smaller size center
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 ~n District
Classification and Use
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 lts citizens
SECTION III
That this ordinance shall be in full force and effect
immedlately after its passage and approval, the required public
hearings having heretofore been held by the Planning and Zoning
Z-1540/FRED H DEAL-PAGE THREE
Commission and the City Council of the City of Denton, Texas,
after giving due notice thereof
PASSED AND APPROVED this the /~-dav of October, 1982
~IC~KRD-0 -~-E~T, MAyo~
'CIT~ OF D~TON, TEXAS
ATTEST
CI~AR~-dT~E ALL~, C-ITY SECRA-~I~RY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS
Z-1540/FRED H DEAL-PAGE FOUR
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
APPROVAL OF A DETAILED PLAN FOR i 951 ACRES OF LAND, BEING A
PORTION OF A PLANNED DEVELOPMENT DISTRICT (PD-41) LOCATED
APPROXIMATELY 500 FEET WEST OF THE INTERSECTION OF LOOP 288 AND
EAST MCKINNEY STREET, PROVIDING FOR A PENALTY IN THEMAXIMUMAMOUNT
OF $2000 O0 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, by Ordinance No 82-83, the City Council approved a
planned development district for 112 88 acres of land (PD-41)
located southeast and southwest of the intersection of Loop 288 and
East McKinney Street, as more particularly described thereln, and
WHEREAS, Hammett & Nash has applied for approval of a detailed
plan for i 951 acres of land within the district for medical
laboratory and related office uses, and
WHEREAS, on April 26, 1989, after a public hearing, the
Planning and Zoning commission recommended approval of the detailed
plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That for the i 951 acres of land described in
Exhibit "A", attached hereto and incorporated herein by reference,
there is approved the detailed plan shown in Exhlblt "B", attached
hereto and incorporated herein by reference, so that hereafter that
portion of the district subject to the plan shall be constructed,
used, and maintained in accordance with the detailed plan herein
approved
~ That a copy of thls ordinance shall be attached
to Ordinance No 82-83, showing the detailed plan herein approved
for that portion of the district
~u~ That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2000 00 Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense
~ That this ordinance shall become effective
fourteen (14) days from the date of 1ts 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
Z-S9-004/Page i
date of its passage
PASSED
AND
APPROVED
ATTEST
RETAR¥
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
89-269~
Z-89-004/Page 2
EXHIBIT "A"
MARCH 31~ 1989 SOB ~24723
FIELD NOTES TO 1 951 ACRES IN TEE M YOACHAM SURVEY, ABSTRACT
1442, DENTON COUNTY, TEXAS.
ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE M
YOACHAM SURVEY, ABSTRACT 1442, CITY AND COUNTY OF DENTON, TEXAS,
BEING A PART OF A CERTAIN (CALLED) 10 1597 ACRE TRACT DEEDED FROM
TOM D. JESTER, JR , JOE A. BELEW, AND DISTILLERS OUTLET, INC TO
TOM D JESTER, JR. AND PAUL M RAYWOOD, JR RECORDED IN VOLUME
1744, PAGE 444, REAL PROPERTY RECORDS OF SAID COUNTY, AND BEING
MORE FULLY DESCRIBED AS FOLLOWS~
BEGINNING AT TEE NORTHWEST CORNER OF SAID 10 1597 ACRE TRACT AN
IRON PIN IN THE SOUTH RIGHT-OF-WAY OF MCKINNEY STREET (F M ROAD
426);
THENCE SOUTH 83 DEGREES 57 MINUTES 28 SECONDS EAST ALONG THE
SOUTH RIGHT-OF-WAY OF MCKINNEY STREET A DISTANCE OF 201 60 FEET
TO AN IRON PIN!
THENCE SOUTH 01 DEGREES 37 MINUTES 32 SECONDS WEST A DISTANCE OF
415 10 FEET TO AN IRON PIN;
THENCE NORTH 88 DEGREES 22 MINUTES 28 SECONDS WEST A DISTANCE OF
201 00 FEET TO AN IRON PIN;
THENCE NORTH 01 DEGREES 37 MINUTES 32 SECONDS EAST ALONG TEE WEST
BOUNDARY LINE OF SAID 10.1597 ACRE TRACT A DISTANCE OF 430 63
FEET TO THE POINT-OF-BEGINNING AND CONTAINING 1 951 ACRES OF
LAND
EXHIBIT "B"
Detailed plan conslstlng of
1 Detailed plan (1 Page),
2 Landscape plan (1 Page), and
3 Development Standards (4 Pages)
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A DETAILED PLAN
FOR 11 49 ACRES OF LAND, BEING A PORTION OF A PLANNED DEVELOPMENT
DISTRICT (PD-41), LOCATED SOUTH OF EAST MCKINNEY STREET, BETWEEN LOOP
288 AND MAYHILL ROAD, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A
PENALTY 1N THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF,
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, by Ordinance 82-83, the City Council approved a planned development
district for 112 88 acres of land (PD 41) located southeast and southwest of the intersection of
Loop 288 and East McKmney Street, as more particularly described therein, and
WHEREAS, Halff Associates, on behalf of the NHPAHP Development corporation, has
applied for approval of a detailed plan for 11 49 acres of land within the dlstrmt for multi-family
residential uses, and
WHEREAS, on February 25, 1998, after a public hearing, the Planmng and Zoning
Commission recommended approval of the detmled plan,
WHEREAS, the City Council finds that the detailed plan will be in compliance w~th the
Denton Development Plan, NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA1NS
~.~ That Ordinance 82 83 (PD-41) is hereby amended by approving a detailed
plan ~llustrated in Exhibit "A", attached hereto and incorporated hereto by reference, and
containing 11 49 acres of land described m Exhibit ' B', attached hereto and Incorporated herein
by reference, so that hereafter this portmn of PD-41 shall be used for mult~ family res~dential
llse
~ That a copy of this ordinance shall be attached to Ordinance No 82 83,
showing the detmled plan herein approved for that portion of PD 41
~ That the provisions of this ordinance as they apply to the 11 49 acres
shown In the detmled plan hereto approved, shall govern and control ovel any conflicting
prowsion of Ordinance No 82 83, but all provisions of Ordinance No 82-83 as they apply to
that remmmng portion of the d~stnct not hereto amended, shall continue m force and effect and
shall apply to the remainder of said district
~ That any person violat~ng any provlsmn of this ordinance shall, upon
conviction, be fined a sum not exceeding $2 000 00 Each day that a prowslon of th~s ordinance
is v~olated shall constitute a separate and distinct offense
S T~ That this ordinance shall become effective fourteen (14) days from the
date of its passage, and the C~ty Secretary ~s hereby d~rected to cause the caption of this
ordinance to be pubhshed twice ~n the Denton Record-Chronicle a daffy newspaper pubhshed ~n
the C~ty of Denton, Texas, w~thln ten (I0) days oft~e date or,ts passage
JAC ~I~, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPRvYED AS TO LEGAL FO
HERBERT L PROUTY, CITY ATTORNEY
F \shared\dept\LG[ \Our Doeument~\Ord~nances\98\Detafled plan Z 98-004 doc
LE~3AL DESCRI~T1Olq
BEINO a tract of land z~m~ed in the M E P & P R R CO Survey, Abstract N'o 927 and
being part ora tract of land described m deed to Craig Irwin and Dale Irwin, as iecordcd
m County Clerk's F~le No 95-R055863, Real Property Rocords Denton County, Texas
(R.P R.D C T ), and being more partmulady described as follows
BEGLN'NIN~ at a 5/g-mob found iron rod for the northeast comer of smd lvmn tract, and
the northwest corner of (}olden Triangle Industrial Parl~ an adthttun to lire Oty of
Denton, as recorded m Cabinet B, Page 71, Plat Recoxds, Dantun County, Texas
(P R.D C T ), smd comer also lying on the ~outh right of-wa) line of East McKmney
Street (F&l 426) (100 feet w~de),
THENCE South 01 degree 45 minutes 00 seconds West, dep~rting ,:md south ngtR-of-
~vay line and along the east hnc of'smd Irwin tract, pas~lng at a d~tauce of 639 31 feet
[633 g? call] and 4 6 feet east, a 1/2-tach found ~ron rod for the southwest comer of smd
Golden Triangle addition, contm*nno_, mi additional 167 06 feet, to a point for a comer,
THENCE North 88 degrees 15 nunutes 02 seconds West a d~tanee of 217 gg feet to a
pom~ for a ~.omcr,
TI~ENCE North 43 degrees 47 minutes 16 second~ West a &stance of 171 3g feet ~o a
point for a com~,
TI-HD,ICE North 31 degrees 14 minutes 45 seconds West a distance o£389 8g feet lo a
point for a comer;,
THENCE North 3g degrees 41 minutes 43 seconds West a distance of 205 14 feet to a
point for · comer,
TItElqCE North 58 degrees 55 mlnu~es 14 seconds West a &stance of 77 32 feet to a
point for a comer on the west side of smd Irwin Tract,
THENCE North 31 degrees 01 minute 47 seconds East (North 30 degrees 57 minutes 50
seconds East, call), a &stance of 250 3(I feet, to a l/2-inch found n'on rod for aR angle
point,
THENCE North 28 degrees 57 minutes 25 rg'eands East (North 29 degrees 00 _.minutes 40
seconds Rast. caR), a distance of 191 5~ feet (191 00' call) to a 1/2-tach found Iron rod for
most northerly nmfl~wes~ comer of smd Irwin traot, said comer also being thc northeast
comer of $ g Ad&non, ~tn addRmu in the Ctty of Denton, Texas as ~ecordcd in Cabinet
D, Page 191 (P RD C T ), ~md comer also lying on the south-right-way hue of the
~furemcntloned East MoKanncy Slre~t,
EXHIBIT-
s~o~ ~ e~). dep~"~ s~d w~erly ~e ~ ~oa~ ~c no~ ~e of~d
~ a ~s~c~ of 459 07 f~ {459 14' e~l), to s l~-~ch s~ ~on rM ~th
b~nnin~ of a o~c~!.r c~ to ~e ie~, ha~ng a ~ of 1319 S6 fe~ ~d whosc ch~d
be~s So~ 65 de~ees 07 m~ut~ 06 se~nds ~t (Sou~ 64 de~ 42 mm~es
seconds ~t, ~R), a ~oa of 125 ~6 ~
~CE ~o~erly, ~ong ~d no~ ~d smd c~o to ~ leR, ~ou~ a c~
~gle of 05 de~e~ 16 mtnut~ Il s~, a ~o ~ of 125 41 feet to ~e PO~
OF BE6~O ~ CO~O 500,726 s~ feet or 11 4951 ac~s
~oge or