2000-393 NOTE Amended by Ordinance No 2001-022
ORDINANCE NO ~20~_0~.~
AN ORDiNANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A ZONING
PLAN FOR 1 8 ACRES LOCATED WITHIN A SINGLE FAMILY (SF-7) ZONING
DISTRICT, TO CHANGE TO A PLANNED DEVELOPMENT (PD) DISTRICT TO ALLOW
FOR OFFICE USES, THE SUBJECT PROPERTY BEING LOCATED AT THE
NORTHWEST CORNER OF RUDDELL STREET AND WILSON STREET, PROVIDING A
SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000 00, FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE
(ZP-00-012)
WHEREAS, on March 2, 2000, the Ctty Council adopted Ordinance No 2000-069 which
established certain nonresidential interim regulations (the "Nonresidential Interim Regulattons"),
WHEREAS, the Nonrestdentlal Interim Regulations established, among other things, a
Zomng Plan requirement m the event of a request to rezone property, and
WHEREAS, on July 12, Hammlt and Nash Surveytng, on behalf of Denton Houmng
Authority, applied for a change tn zomng for 1 8 acres of land located, from Stngle Family (SF-
7) zoning district elassfficatlon and land use designanon to Planned Development (PD) zomng
d~smct classfficaUon and land use designation wtth the intent to develop an office bmkhng for
several non-profit agencies and has submitted for approval a Zomng Plan for tNs property under
the Nonresidential Interim Regulations, a copy of wNch ,s attached hereto as Exhibit "B" (the
Zomng Plan"), and
WHEREAS, on September 27, 2000, the Planmng and Zomng Commission
recommended approval of the requested change in zoning and the submitted Zomng Plan, and
WHEREAS, the Ctty Counml finds that the Zomng Plan, with the condmons imposed
herein, meets the reqmrements of the Nonrcmdennal Interim Regulations and m consistent wtth
the approved 1999-2020 Denton Comprehenmve Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The zomng dmtnct classfficatton and land use designation of the 1 8 acre
property described in the legal description attached hereto and incorporated herren as ExNNt A
ts changed from Single Family (SF-7) zoning dmtnct clasmficatlon and land use designation to
Planned Development (PD) zomng district clasmficat~on and land use designation under the
compreh~nmve zomng ordinance of the City of Denton, Texas to allow office uses The Zoning
Plan and said change ts in zoning are hereby adopted, subject to the followtng condtUons
1 The number of parktng spaces be removed from the Zoning Plan and be included on a
future Project Plan
2 Lighting on the property shall be designed and maintained so as not to shine on or
otherwise disturb surrounding residential property or to shane and project upward to
prevent the diffusion ~nto the mght sky
SECTION 2 The C~ty's official zoning map ~s amended to show the change in zomng
dlsmct classification
SECTION 3 If any provisions or the apphcat~on thereof to any person or Clmumstance ~s
held mvahd by any court, such invalidity shall not affect the vah&ty of other provisions or
applications, and to th~s end the provisions of this ordinance are severable
SECTION 4 That any person molat~ng any prows~on of this ordinance shall, upon
conwctlon, be fined a sum not exceeding $2,000 00 Each day that a prowsion of this ordinance
is v~olated shall constitute a separate and distract offense
SECTION 5 That this ordinance shall become effective fourteen (14) days from the date
of ~ts passage, and the C~ty Secretary is hereby directed to cause the caption of this ordinance to
be pubhshed twice in the Denton Record Chronicle, official newspaper of the C~ty of Denton,
Texas, wlttun ten (10) days of the date of its passage
PASSED AND APPROVED thls the /7~ dayof ~)~' ,2000
EUL1NE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
Exhibit A
Legal Description
Being all that certmn lot, tract, or parcel of land s~tuated ~n the MEP & PRR Survey
Abstract 1471, and the J Brock Survey, Abstract 55, Denton County, Texas, being all of
a 0 610 acre tract described m a deed to St Andrew Church of God m Clmst, recorded
under County Clerk's file 97-R0081539, Real Property Records, Denton County, Texas
and being all of a al 162 acre tract described ~n a deed to Denton Housing Authority,
recorded ~n Volume 2839, Page 778, Real Property Records, Denton County, Texas and
being more particularly described as follows
Beg~nmng at an iron rod found at the northwest comer of smd St Andrew tract, being at
the northeast comer of a tract described in a deed to John L Clay, recorded ~n Volume
1222, Page 34, Deed Records, Denton County, Texas, also being the southwest comer of
Lot 1, Block A, Dreamland Apartments Addition, an addition to the C~ty of Denton,
recorded in Volume 6, Page 12, Plat Records, Denton County, Texas, and being the
southeast comer of a tract of land described in a deed to the C~ty of Denton, recorded ~n
Volume 993, Page 715, Deed Records, Denton County, Texas,
Thence S 89 degrees 38 minutes 03 seconds East, w~th the north hne of said St Andrew
tract and the south line of smd Lot 1, a distance of 50 00 feet to an ~ron p~n found at the
northernmost northeast comer of smd St Andrew tract and the northernmost northwest
comer of a tract described m a deed to Denton Housing Authority, recorded ~n Volume
2839, Page 778, Real Property Records, Denton County, Texas,
Thence S 89 degrees 38 minutes 03 seconds East, w~th the north hne of smd Denton
Housing tract and with the west line of Ruddell Street, a distance of 308 53 feet to an ~ron
pin found for the southeast comer of said Denton Housing tract and the ~ntersect~on of the
west line of Ruddell Street and the north right-of-way hne of Wilson Street,
Thence S 89 degrees 58 minutes 45 seconds West, w~th a south line of satd Denton
Housing tract and the north right-of-way hne of Wdson Street, a d~stance of 120 21 feet
to an iron pm found for the southern most southwest comer of smd Denton Housing tract
and the southern most southeast comer of said St Andrew tract,
Thence N 88 degrees 53 minutes 24 seconds West, with a south hne of smd St Andrew
tract and the north right-of-way line of Wilson Street, a distance of 130 06 feet to an ~ron
pin found for the southwest comer of smd St Andrew tract and the southeast comer of
said Clay tract,
Thence N 00 degrees 07 minutes 48 seconds East, 728 00 feet with the west line of smd
St Andrew tract and the east line of said Clay tract, a distance of 307 65 feet to the Place
of Beglunlng and contmmng 1 773 acres of land
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO
2000-393 TO PROVIDE FOR A PROJECT/DETAILED PLAN FOR 1 8 ACRES LOCATED
WITHIN A PLANNED DEVELOPMENT (PD-189) ZONING DISTRICT, THE SUBJECT
PROPERTY BEING LOCATED AT THE NORTHWEST CORNER OF RUDDELL STREET
AND WILSON STREET, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF,
AND PROVIDING FOR AN EFFECTIVE DATE (SP-00-013)
WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-069 winch
estabhshed certmn nonresidential ~ntenm regulations (the "Nonresldent~al Interim RegulaUons"),
WHEREAS, the Nonresidential Interim Regulations established, among other tinngs, a
ProJect Plan requirement, and
WHEREAS, on October 17, 2000, by Ordinance 2000-393, the City Council approved a
change m zomng for 1 8 acres of land, to Planned Development (PD-189) zoning district
classfficatlon and land use des~gnaUon, and
WHEREAS, on October 2, 2000 HT&T Architects, on behalf of Denton Housing
Authority, submitted a ProJect/Detailed Plan for 1 8 acres of land located within PD-189 with the
intent to develop an office bmldmg, and
WHEREAS, on December 6, 2000, the Planning and Zomng Commission recommended
approval ora Project/Detmled Plan for such 1 8 acres, and
WI-IEREAS, the City Cotmcll finds that the ProJect/Detailed Plan is consistent w~th the
approved IZomng Plan, meets the reqmrements of the Nonres~dential Interim Regulations, and is
cons~stenl~ with the approved 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 Ordinance 2000-393 providing for the approval of a Planned Development
Zomng I~stnct Classfficat~on and Use Designation for the property described as PD-189 is
amended by approwng the Project/Detaded Plan attached hereto and ~ncorporated herein by
referencelas Exhibit B for 1 8 acres of land located w~tinn PD-189, more particularly described
by the le~,al desonpUon attached hereto and incorporated herein by reference as Exinbit A,
subject tol the following cond~Uons
1 L~ghtmg on the property shall be designed and malntmned so as not to sinne on or
otherwise d~smrb surrounding residential property or to sh~ne and project upward to
prevent the d~ffus~on into the mght sky
2 The dnveways will have a maximum tumlng radius of 20 feet
SECTION 2 The provisions oftlus ordmance as they apply to the 1 8 acres shown in the
Project/Detailed Plan herein approved shall govern and control over any conflicting provisions of
Ordinance 2000-393
SECTION 3 A copy of this ordinance shall be attached to Ordinance 2000-393 showing
the amendment herein approved
SECTION 4 If any prowslons or the application thereof to any person or circumstance IS
held lnvahd by any court, such lnvah&ty shall not affect the validity of other provisions or
applications, and to this end the provisions of this ordinance are severable
SECTION 5 Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense
SECTION 6 This or&nance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary IS hereby directed to cause the caption of this ordinance to be
published twice m the Denton Record Chronicle, official newspaper of the City of Denton,
Texas, witlun ten (10) days of the date of its passage
PASSED AND APPROVED thls the ; ~._c~ day of d~/TdL,'/~.,~J.---- ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
AP(R~)VE~ A5 TO LE~2 FO~ -
HERBERT L~UTY, CITY VRNEY
PAGE 2
Exhibit A
Legal Description
Betng all that certmn lot, tract, or parcel of land s~tuated in the MEP & PRR Survey
Abstract 1471, and the J Brock Survey, Abstract 55, Denton County, Texas, betng all of
a 0 610 acre tract described tn a deed to St Andrew Church of God in Christ, recorded
under County Clerk's file 97-R0081539, Real Property Records, Denton County, Texas
and being all of a al 162 acre tract described tn a deed to Denton Housing Authority,
recorded in Volume 2839, Page 778, Real Property Records, Denton County, Texas and
being more particularly described as follows
Beg~nmng at an ~ron rod found at the northwest corner of smd St Andrew tract, being at
the northeast corner ora tract de$cnbed in a deed to John L Clay, recorded in Volume
1222, Page 34, Deed Records, Denton County, Texas, also being the southwest corner of
Lot 1, Block A, Dreamland Apartments Addition, an addition to the City of Denton,
recorded m Volume 6, Page 12, Plat Records, Denton County, Texas, and being the
southeast corner of a tract of land described in a deed to the C~ty of Denton, recorded in
Volume 993, Page 715, Deed Records, Denton County, Texas,
Thence S 89 degrees 38 m~nutes 03 seconds East, with the north line of smd St Andrew
tract and the south hne of smd Lot 1, a d~stance of 50 00 feet to an iron p~n found at the
northernmost northeast corner ofsa~d St Andrew tract and the northernmost northwest
corner of a tract described m a deed to Denton Housing Authority, recorded ~n Volume
2839, Page 778, Real Property Records, Denton County, Texas,
Thence S 89 degrees 38 minutes 03 seconds East, with the north line of smd Denton
Housing tract and with the west line of Ruddell Street, a d~stance of 308 53 feet to an iron
pin found for the southeast corner of said Denton Housing tract and the intersection of the
west line of Ruddell Street and the north right-of-way hne of Wdson Street,
Thence S 89 degrees 58 minutes 45 seconds West, with a south hne of said Denton
Housing tract and the north right-of-way line of Wilson Street, a d~stance of 120 21 feet
to an Iron pin found for the southern most southwest corner of smd Denton Housing tract
and the southern most southeast corner of said St Andrew tract,
Thence N 88 degrees 53 minutes 24 seconds West, w~th a south line of said St Andrew
tract and the north right-of-way line of Wdson Street, a d~stance of 130 06 feet to an iron
pin found for the southwest corner of smd St Andrew tract and the southeast corner of
said Clay tract,
Thence N 00 degrees 07 m~nutes 48 seconds East, 728 00 feet w~th the west line of smd
St Andrew tract and the east line of said Clay tract, a d~stance of 307 65 feet to the Place
of Beginning and containing 1 773 acres of land
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