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1997-162 ORDINANCE AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE PLANNED DEVELOPMENT 162 (PD-162) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION BY APPROVING A DEVELOPMENT PLAN FOR A 77 6 ACRE TRACT LOCATED ON THE EAST SIDE OF LILLIAN MILLER, APPROXIMATELY SEVEN HUNDRED FIFTY (750) FEET NORTH OF ROBINSON ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Mr James Haddock, on behalf of the James R Harris Company, initiated a change m zoning by applying for approval of a development plan for a 77 6 acre tract of land which would change such Agricultural (A) zomng d~stnct and use classification to the Planned Development (PD) zoning d~stnct classification and use designation, and WHEREAS, on May 28, 1997, the Planmng and Zomng Comrmsslon recommended approval of the change from the Agricultural (A) zonmg dtstnct and use classification to the Planned Development (PD) zomng d~stnct and use classtficatton, and WHEREAS, the C~ty Council finds that a Planned Development (PD) D~stnct allowing for single fannly lots wtth nnmmum lot s~zes of seven thousand (7,000) square feet each and a dettuled plan provtdmg for approval of a tree preservation plan would be an appropriate use of tlus property, and WHEREAS, the C~ty Councd finds that the change in zomng will be In comphance w~th the Denton Development Plan, NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the zomng d~strtct classification and use designation of the 77 6 acres of land described m Exhibit A is changed from the Agricultural (A) zomng district classification and use destgnat~on to the Planned Development (PD) zomng district class~ficatmn and use destgnatmn to provide for (a) the adoption of the development plan, attached hereto and incorporated heretn as Exhibit B for all purposes, (b) single fannly lots wtth nnmmum lot sizes of seven thousand (7,000) square feet each, and (c) a tree preservatton plan to be included wtth the detaded plan for such property, m accordance wtth the comprehensive zoning ordinance of the Ctty of Denton, Texas SECTION II That the City's offictal zomng map Is hereby amended to show the change m zoning district classlficauon SECTION IV That th~s ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the Ctty Secretary ~s hereby d~rected to cause the caption ofth~s ordinance to be pubhshed twice m the Denton Record Chromcle, the offictal newspaper of the City of Denton, Texas, within ten (10) days of the date or,ts passage PASSED AND APPROVED th~s the. I r'~Xday of ~ , 1997 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE2 EXHIBIT "A" .~IHG AL~ THAT CHETAIH TRACT OR ~ARCEL O? LAHD SITUATEU ~N T~E SURVEY, AESTRACT &El, UEHTOH UOUNTY, TEXAS, EEING PAHT OF ~ CAI. LID 78,111 ACRE TRACT DESCRIBED IH A DEED FROM HENRY S. HILL~ REALTY TRUST TO ~.R. REREIHRH OS UECEMEEE 27, 19780 RECORDED I~ VOLDHE 080t FACE 889, DSRD RECORDS OS SAID CODNTT, AND EKING ~O~E FANTZGULARLT DESCRIBED AS FOLLOYSs BEGINNING AT AN ItOH ROD AT A FENCE CORNER AT THE SOUTHEAST CONNER OF SAID LEWIS SURVEY, AHD THE SOUTHEAST UOENEN OF SAID )~RKtM~q?RACT~ THENCE ~OETH 88 DEGREES &O MXHUTRS WEST WITH THE SOOTH LI~E OF SAID SURVEY A ~STANCE CF 603.3 FEET TO A STEEL POST I~ THENCE NORTH t DEGREE 49 MXHDTES &2 SECOHDS EAST 98~.8~ FEET TO ' THENCE NC~TH 88 DRO~SES ~3 MINUTES 52 SECONDS WEST 387.89 ? : '0 A STEEL POST IH CONCRETE; A STEEL POST XH CONUHRTEI TRRHCE SOOTH 72 DHGRERS 37 HXHUTES WEST A DISTANCE Or SSS.t3 F~ET TO AH IROE ROD AT THE SOUTHHANT CURLER OF A 0.$ ACRE TRACT DESCRXDED XE A DEED FROM L.R. REHRXMER TO GENERAL TELEPHONE COHFANY OF TBS SOUTHWEST OH fEBRUARY 26, t981, RECORDED XW VOLU~E Il30, PAGE 571, DEED RECORDS! THENCE NORTH 17 DEGASES 23 8XMDTRS NEST A DISTANCE OF 71.97 FEET TO AH IRON FIN) TMRHCR SOUTH 72 DEGREES 37 HZNUTSS MRST A DISTANCE OF 3Z3.16 FRET TO AN IROH ROD OH THS EAST RZGMT-OF-MAY OF FARH XARENT ROAD 2ZSZI THENCE SORTS 33 DEGREE8 A3 HZMUTRR MEET WITH SAID RZGUT-OF-WAY IS.G6 NEET TO A MOOD RIGHT-OF-MAY POET AT TBS BEGINNING OY A CURVRI THENCE DORTHMESTKRLY WITH SAID RIGHT-OF-MAY AROUND A CURVE TO To~ RIGHT RAVING A CENTRAL ANGLE OF 14 DEGREES 12 ~ZNUTRS S~ SECONDS, A RADIUS OF 2802.1 FEET, A CHORD OF HURTS 26 DEGREES 05 HXHGT~S A MOOD RIGHT-OF-WAY POST) THENCE SORTH 18 UECHEES St MXHUTSS 15 SECONDS WEST WITH SAID RIGHT-OF-MAY 377.67 FEET TO A FENCE CORNER) TO AN I~ON ROOt THENCE NORTH t DEGREE &6 HXHUTES E~ST WITH A FSUCE ON THE LXJ* BETWEEH SAID LEWIS AHD FISHER SURVEYS 803.6 FEET TO A FEN¢: THENCE SOUTD 88 DEGREES 5~ MINUTES 20 SECOHOS EAST WITH & FENCE 1568.9 FEET TO A FENCE CORNERONTHEEASTBOUNON~'YLINEO~SAII) LEWIS SURVE~ THEBGE SOUTB I DEGSEE A& H~RUTES 39 S~GOHDS ~EST V~TH A~ OLD FEBCE OH SA~D SUEVEY L~HE 226~,SO FEET TO THE FLACB OF ~EG~RHZ~G. AHD COHTA~R~RG ~H A~ 77.600 ACRES / EXHIBIT "B"