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1993-038ewpdocs\ord\pdcg.ord ORDINANCE NO. _ . AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL ZONING DISTRICT TO SINGLE FAMILY SF-10[C] WITH CONDITION ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 32.045 ACRES OF LAND LOCATED ON THE EAST SIDE OF COUNTRY CLUB ROAD APPROXIMATELY 920 FEET SOUTH OF HOBSON LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Hammett & Nash has applied on behalf of Giovanni Giomi for a change in zoning for 32.045 acres of land from an Agricultural Zoning District to Single Family SF-10 zoning district classification and use designation; and WHEREAS, on November 11, 1992, the Planning and Zoning Commis- sion recommended approval of the requested change in zoning with one (1) condition proposed by the applicant; and WHEREAS, the City Council finds that Single Family SF-10[c] zoning with four (4) additional conditions proposed by the ap- plicant's attorney will be in compliance with the Denton Develop- ment Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zoning district classification and use designation of the 32.045 acres of land described in Exhibit A, attached to and incorporated into this ordinance by reference, is changed from Agricultural Zoning District to Single Family SF- 10[c] with conditions zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. That in accordance with Section 35-121 of the Zoning Chapter of the Code of Ordinances, the property shall be subject to the following condition: (1) Any and all lots abutting the Forestridge Subdivision Phase I or Phase II, shall be no less than 13,000 square feet in area. (2) The ten (10) lots in this zoning district closest to the lots referenced in subparagraph (1) shall be no less than 12,000 square feet in area. (3) The minimum dwelling floor area for the lots referenced in subparagraphs (1) and (2) shall be 2,100 square feet for one-story and 2,300 square feet for one and a half and two-story dwellings. The minimum dwelling floor area for the remaining lots in this zoning district shall be 1, 800 square feet for one-story and 2, 000 square feet for one and a half and two-story dwellings. (4) An eight (8) foot in height wood fence shall be erected between this zoning district and the Forestridge Subdiv- ision. No building permit shall be issued for any pro- posed dwelling east of the drainageway located approx- imately 750 feet east of Country Club Road until the installation of the wood fence has been completed and such fence is being adequately maintained. (5) No alleys shall be constructed within this zoning district. SECTION III. That the City's official zoning map is amended to show the change in zoning district classification. SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION V. 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 in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this thep?)d day of , 1993. BOB CASTLEBERRY, MA ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 4 /ajJ(L'n APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: PAGE 2 EXHIBIT "A" ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE T. J. MARTIN SURVEY, ABSTRACT NUMBER 900, DENTON COUNTY, TEXAS, AND BEING ALL OF TRACT 1 AS DESCRIBED IN A DEED FROM WILLIAM S. COLVILLE, A/K/A W. S. COLVILLE, TO GIOVANNI GIOME OH THE 28TH DAY OF FEBRUARY 1992, AND RECORDED IN VCLM.IE 31861 PAGE 366, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLICUS; BEGINNING AT AN IRON PIN IN THE EAST RIGHT OF WAT OF F.M. ROAD 1830 (COUNTRY CLUB ROAD) AT THE NORTHi'rEST CORNER OF TRACT I; THENCE SOUTH 89 DEGREES 58 MINUTES 32 SECONDS EAST ALONG AND NEAR A FENCE A DISTANCE OF 1293.10 FEET TO AN IRON PIN AT THE NORTH NORTHEAST CORNER OF SAID TRACT 1; THENCE SOUTH 00 DEGREES 10 MINUTES 33 SECONDS WEST A DISTANCE OF 400.06 FEET TO AN IRON PIN AT AN EL CANER OF SAID TRACT I; THENCE NORTH 89 DEGREES 57 MINUTES 39 SECONDS EAST ALONG AND NEAR A FENCE A DISTANCE OF 1322.83 FEET TO AN IRON PIN AT THE EAST NORTHEAST CORNER OF SAID TRACT I IN THE WEST BOUNDARY LINE OF LOT 33, BLOCK Be OF FORRESTRIDGE, SECTION ONE AS RECORDED IN VOLUME 11, PAGE 561 PLAT RECORDS OF DENTON COUNTY, TEXAS; THENCE SOUTH 00 DEGREES 35 MINUTES 28 SECONDS VEST ALONG THE WEST BOUNDARY LINE OF FORRESTRIDGE, SECTION ONE A DISTANCE OF 123.90 FEET TO AN IRON PIN AT THE SOUTHWEST CORNER OF SAID LOT 33 AND THE NORTHEAST CORNER OF LOT 34, BLOCK B OF FORRESTRIDGE, SECTION TWO AS RECORDED IN CABINET Co PAGE 12, PLAT RECORDS OF DENTON COUTNY, TEXAS; THENCE SOUTH 00 DEGREES 07 MINUTES 38 SECONDS VEST ALONG THE WEST BOUNDARY LINE OF FORRESTRIDGE, SECTION I TWO A DISTANCE OF 212.34 FEET TO AN IRON PIN AT THE SOUTHEAST CORNER OF SAID TRACT I; THENCE WEST ALONG THE SOUTH BOUNDARY LINE OF SAID T3ACT I A DISTANCE OF 2617.02 FEET TO AN IRON PIN IN THE EAST RIGHT OF WAY OF F.M. ROAD 1830; THENCE NORTH 00 DEGREES 19 MINUTES 01 SECONDS EAST ALONG THE EAST RIGHT OF WAY OF F.M. ROAD 1830 A DISTANCE OF 735.95 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 32.045 ACRES OF LAND.