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1998-368Z-98-043 oRD CENO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AN AGRiCULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT 168 (PD 168) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 3 887 ACRES OF LAND LOCATED ON THE SOUTHWEST CORNER OF THE AIRPORT ROAD (F M 1515) AND WESTCOURT DRIVE INTERSECTION, PROVIDING FOR THE APPROVAL OF A DETAILED PLAN AND LANDSCAPE PLAN FOR SAID DISTRICT, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, G-reg Edwards, on behalf of Frank Martino, has applied for a change m zomng for 3 887 acres of land from an Agricultural (A) zoning district classification and use designation to Planned Development 168 (PD 168) zoning district classification and use designation, and WHEREAS, on October 14, 1998, the Planning and Zomng Commission recommended approval of the requested change in zoning, and WHEREAS, the City Councal finds that the change in zoning will be in comphance w~th the 1988 Denton Development Plan and the 1998 Denton Plan Policies, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS S(~¢tion I That the zomng district classification and use designation of the 3 887 acre property described in the legal description attached hereto and incorporated herein as Exhlb,t A is changed from an Agricultural (A) zomng district classification and use designation to Planned Development 168 (PD 168) zomng district classification and use designation under the comprehensive zomng ordinance of the City of Denton, Texas, by approving the detailed plan which is attached hereto as Exhibit "B" and incorporated herein, subject to the following condition 1 That a private access easement shall be provided from Parport Road to the Denton Municipal A~rport property across the subject property on the final plat document Section II That a landscape plan attached as Exhibit "C" and incorporated herein, for the 3 887 acres comprising Planned Development 168 (PD 168) zomng district described by Exhibit A, is hereby approved, subject to the following condition 1 That the lnstallat, on of paving stones for parking lot surface material shall conform to the standards set forth in Section 34-115, concerning parlang lots, and Appendix A-5 of Chapter 34, concerning the flex base and subgrade of parking lot surfaces, of the Code of Ordinances 2 The load-bearing characteristics of proposed parking lot pavers shall be reviewed and approved by the City Engineering Department prior to installation Z-98-043 Sectton III That the Qty's official zoning map Is amended to show the change in zomng dtstnct classtficauon Section IV That any person wolatmg any proviston ofttus ordinance shall, upon conviction, be fined a sum not exceedmg $2,000 00 Each day that a provision ofth~s ordinance Is violated shall consutute a separate and disttnct offense Sectton V That tbas ordtnance shall become effectwe fourteen (14) days from the date or,ts passage, and the Qty Secretary ts hereby d~rected to cause the capuon of this ordmance to be pubhshed twice m the Demon Record-Chromcle, a daffy newspaper pubhshed in the Qty of Denton, Texas, within ten (10) days of the date oftts passage ATTEST JENNI1;ER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY EXHIBIT A Z-98-043 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE WILLIAM NEILL SURVEY, ABSTRACT No 970, DENTON COUNTY, TEXAS AND BEING THE PART OF A (CALLED) 67 602 ACRE TRACT OF LAND DESCRIBED IN A DEED FROM ROBERT H NOBLES AND JIMMIE G NOBLES TO NOBLES FAMILY PARTNERS, LTD, DATED NOVEMBER 24, 1993, RECORDED UNDER COUNTY CLERK'S FILE No 93-R0089032, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A FENCE CORNER POST AT THE WESTERNMOST NORTHWEST CORNER OF SAID 67 602 ACRE TRACT, ON THE SOUTH RIGHT-OF-WAY OF AIRPORT ROAD 0;54 1 $15), AT A NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO THE CITY OF DENTON, RECORDED IN VOLUME 305, PAGE 324, DEED RECORDS, DENTON COUNTY, TEXAS, THENCE NORTH 89 DEGREES 42 MINUTES 21 SECONDS EAST WITH THE NORTH LINE OF SAID 67 602 ACRE TRACT AND THE SOUTH RIGHT-OF-WAY OF AIRPORT ROAD, A DISTANCE OF 302 19 FEET TO A SET 1/2 INCH IRON ROD ON THE PROPOSED WEST RIGHT-OF-WAY OF WESTCOURT STREET, THENCE SOUTH 00 DEGREES 58 MINU'I'I~$11 SECONDS EAST WITH THE PROPOSED WEST RIGHT- OF-WAY OF WESTCOURT STREET, A DISTANCE OF 564 71 FEET TO A SET 1~2 INCH IRON ROD ON A NORTH LINE OF SAID CITY OF DENTON TRACT, THENCE SOUTH 88 DEGREES 44 IVflNUTES 22 SECONDS WEST WITH A NORTH LINE OF SAID CITY OF DENTON TRACT, A DISTANCE OF 294 84 FEET TO A FOUND 1/2 INCH IRON ROD AT A FENCE CORNER POST AT THE WESTERNMOST SOUTHWEST CORNER OF SAID 67 602 ACRE TRACT, THENCE NORTH 00 DEG~;S 59 MINUTES 31 SECONDS WEST, ALONG AND NEAR A FENCE AND THE WEST LINE OF SAID 67 602 ACRE TRACT, A DISTANCE OF 569 72 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 3 887 ACRES OF LAND 114 lll~lli;:lll .: ..., ,.. :