2000-311S \Our Documents\Ordmances\00\ZP-00'010 doc
ORDINANC NO /
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM COMMERCIAL (C) AND MULTIPLE FAMILY DWELLING DISTRICT -
1 (MF-1) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATINS TO
PLANNED DEVELOPMENT WITH CONDITINS ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION FOR APPROXIMATELY 18 2 ACRES OF LAND LOCATED AT
THE SOUTHWEST CORNER OF HICKORY AND BONNIE BRAE STREET, PROVIDING
FOR A pENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS
THEREOF, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE
DATE (ZP-00-010)
WHEREAS, Ross Wellons of Ambhng Development Company, on behalf of J Newton
Rayzor mmated a change ~n zoning for 18 2 acres of land from Commercml (C) and Multxple
Famdy Dwelhng Dxstnct - 1 (MF-1) zomng &strict classfficat~ons and use designations to
Planned Development (PD) w~th conditions zomng d~stnct classfficat~on and use designation,
and
WHEREAS, on August 9, 2000, the Planmng and Zomng Commission concluded a
pubhc hcanng as reqmred by law, after wh;ch a motmn to recommend approval of the requested
change m zoning passed, and
WHEREAS, the C~ty Council finds that the change ~n zomng ;s consistent w~th the
Comprehensive Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
$ectton 1 The zomng chstnct classfficat~on and use designation of the 18 2 acre
property described m the legal description attached hereto and ~ncorporated here~n as Exhibit
"A" is changed from Commermal (C) and Multxple Family Dwelhng D~stnct - 1 (MF-1) zomng
&strict classfficaUons and use designations to Planned Development zoning district clasmficat~on
and us~ desxgnat~ons under the comprehensive zoning ordinance of the C~ty of Denton, Texas,
subject ~o the following cond~tmns
1 All current applicable regulations for development of th~s project under the C~ty of
Denton MulUple Family Dwelhng District - 1 (MF-1) and Off-Street parking Regulations
shall apply wxth the following exceptions
2 Front yard setback along pubhc streets shall be 10 feet measured form the proposed right-
of-way dedication
3 Sxde and rear yard setbacks shall be a m~mmum of 40 feet
4 All bmldmgs shall be three story Maximum lae~ght shall be 45 feet as defined xn the C~ty
of Denton Zomng Ordinance
S \Our Documents\Ordman~es\OOkZP 00-010 doc
-street ark~ng ratio shall be one space per bedroom plus 1% for visitor
M~rnmum off P ......... , ........ ~s + 8 snaces for visitors = 800 total
parking, 792 bedrooms * I space - t~ p~,-~ ov''~ ~
parking spaces minimum
L~ght~ng on the property shall be destgned and maintained so as not to shine on or
otherwise d~smrb surrounding residential property or to sh~ne and project upward to
prevent the diffusion into the mght sky
The zoning plan attached hereto and mcorporated herein as Exhibit "B" is hereby
approved The subject property may only be developed in accordance with smd zoning
plan
Notwithstanding anything on the Concept Plan to the contrary, the project shall comply
with the 20% landscape and open space requirements contmned in the City's Landscape
Ordinance
~Sect~on 2_ The C~ty's official zoning map is amended to show the change m zoning
district elassfficat~on
~Sectlon 3_ If any provision of this ordinance or the application thereof to any person
or c~rcumstance ~s held invalid by any court, such lnvahd~ty shall not affect the vahchty of other
provis~ons or applications, and to this end the provisions of this ordinance are severable
~ectlon4. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of th~s
ordinance is violated shall constitute a separate and distinct offense
S~ect~on 5,, 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 m the Denton Record-Chronicle, a daily newspaper published
m the City of Denton, Texas, withm ten (10) days of the date of its passage
PASSED AND APPROVED this the ~ day of_ q~, ~ .., 2000
EULINE BROCK, MAYOR
ATTEST
JEI~FER WALTERS, ,~ITY SECRETARY
_Exhibit A.
LEGAL DESCRIPTION
BEING a tract of land situated in the Eugene Puchalsh Survey. Abstract No 966, City of
Denton, Denton County, Texas, being part of that called 29 172 acre tract described in
Deed to Rayzor Investments, Limited as recorded in Volume 1796, Page 601, Denton
County Deed Records and being more particularly described as follows
BEGINNING at a 1/2" inch iron rod found for the most easterly northeast comer of said
29 172 acre tract, said point being at the intersection of the south line of Hickory Street
with the west line of Bonnie Brae Street,
THENCE South 01 degrees 48 minutes 45 seconds West, 867 71 feet to a 2-1/2" metal
fence post found for comer in the north line of a called 7 06 acre tract of land described
in Deed to the State of Texas as recorded in Volume 382, Page 598, Denton County Deed
Records,
THENCE North 87 degrees 36 minutes 30 seconds West, 471 53 feet along the north
hne of said 7 06 acre tract to a one-half inch iron set for corner, said point being the
southeast corner of a called 5 000 acre tract described m Deed to Wolf Cub Properties,
Lmuted~ Partnership a', mcoided in Document No 97-0046080, Denton County Deed
Records,
THENCE North 02 degrees 19 mmute~ 35 seconds East, 258 96 leer along the east line ot
~aid 5 000 acre tract to a 1/2" iron rod set for corner,
THEN~.E North 87 degrees 37 .minutes 00 seconds West, 557 85 feet along the north line
of said 5 000 acre tract to a 1/2 iron rod set for corner,
THENCE North 01 degrees 48 minutes 45 seconds East, 656 68 feet to a 1/2" iron rod set
for corher, said point being in the south line of a called 3 640 acre tract described in Deed
to Walter Hesse as recorded in Volume 319 l, Page 980, Denton County Deed Records,
THEN~2E South 87 degrees 35 minutes l0 seconds east, 921 32 feet along the south line
of saic~ 3 640 acre tract to a point for corner, said being in south line of Hickory Street,
THENCE South 63 degrees 30 minutes 50 second~ East, 116 35 feet along the south line
of Hickory street to the Point of Beginning and containing 793,449 square feet or l 8 215
acres of land
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