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1988-0352199L No e35 AN ORDINANCE AMENDING ORDINANCE NO 85-165 TO CORRECT AN ERROR IN THE METES AND BOUNDS DESCRIPTION, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Ordinance No 85-165, approved August 20, 1985, providing for zoning of 14 06 acres of land, is hereby amended to correct an error in the legal description of the property therein rezoned, by revising Section I of said ordinance to read as follows That the zoning classification and use designation of the following described property, to-wit TRACT I All that certain tract or parcel of land situated in the N H Meisenheimer Survey, Abstract 810, Denton County, Texas, being all of a certain tract described in a deed from C C Smith, et ux, to Horacio Pena, et al, on the 12th day of October, 1976, and recorded in Volume 808, Page 920, deed Records of said County, and being more fully described as follows BEGINNING at the northeast corner of said Pena Tract at a steel pin at a fence corner on the south boundary line of U S Highway 77, THENCE south along and near a fence on the east boundary line of said Pena Tract a distance of 804 83 feet to an iron pin at a fence corner at the northeast corner of a tract described in a deed from Cleora Parker to Melvin R Dane on the 27th day of June, 1964 and recorded in Volume 511, Page 596, Deed Records of Denton County, Texas, THENCE south 89°17'08" west with the north boundary line of said Dane Tract a distance of 196 0 feet to an iron pin at a fence corner at the northwest corner of said Dane Tract, THENCE south 0°02'47" west with the west boundary line of said Dane Tract along and near a fence a distance of 318 5 feet to an iron pin in the middle of Old Sanger Road at the southwest corner of said Dane Tract, THENCE south 87°40'28" west with the middle of Old Sanger Road a distance of 42 88 feet to a found iron pin at the southeast corner of a tract described in a deed from Grady R McEuin, Jr , et ux to J A Miller and recorded in Volume 921, Page 485, Deed Records, THENCE north 0°10'56" east with the east boundary line of said Miller Road a distance of 117 97 feet to a found iron pin at the northeast corner of said Miller tract, THENCE south 89°53'45" west with the north boundary line of said Miller tract a distance of 109 96 feet to a fence corner post at the southeast corner of a tract described in a deed from Patrick E Parker and recorded in Volume 667, Page 592, Deed Records of Denton County, Texas, THENCE north 0°49'10" west with a fence on the east boundary line of said Parker Tract a distance of 98 28 feet to a fence corner post, THENCE south 88°53'29" west with a fence on the north boundary line of said Parker tract a distance of 139 20 feet to an iron pin in the middle of Riney Road, THENCE north 01°26'43" west with the middle of Riney Road a distance of 659 95 feet to an iron pin at an angle point in said road, THENCE north 27°13'51" west with the middle of Riney Road a distance of 544 54 feet to an iron pin, THENCE north 48°17'27" east a distance of 24 73 feet to a found iron pin at the southwest corner of a tract described in a deed from Robert J Moon, et ux to Charles Melvin Cunningham and recorded in Volume 632, Page 217, Deed Records of Denton County, Texas, THENCE north 48°17'27" east with the southeast boundary line of said Cunningham Tract a distance of 174 94 feet to a found iron pin at the southeast corner of said Cunningham Tract on the south right-of-way of U S High- way 77, THENCE south 59°34'29" east with the south right-of-way of U S Highway 77 a distance of 251 25 feet to a found iron pin, THENCE south 58°50'46" east with the south boundary line of U S Highway 77 a distance of 454 97 feet to the point of beginning containing in all 14 0734 acres of land TRACT II BEGINNING at a steel pin in an old fence corner at tie intersection of the east boundary line of Riney Road and the south boundary line of U S Highway 77, THENCE south 59022'47" east with the south right-of-way of U S Highway 77 a distance of 239 72 feet to a found PAGE 2 iron pin at the northeast corner of a tract described in a deed from Robert J Moon, et ux to Charlie Melvin Cunningham, et ux and recorded in Volume 632, Page 217, Deed Records of Denton County, Texas, THENCE south 47°09'33" west with the north boundary line of said Cunningham Tract a distance of 126 37 feet to a found steel pin at the northwest corner of said Cunningham Tract on the east boundary line of Riney Road, THENCE north 28°38'45" west with the east boundary line of Riney Road a distance of 237 04 feet to the point of beginning, containing in all 0 3333 acre of land, is hereby changed from Agricultural "A" District Classification and Use to Planned Development "PD" District Classification and Use designation under the comprehensive zoning ordinance of the City of Denton SECTION II That in all other respects, Ordinance No 85-165 shal rema n controlling SECTION III That the City Secretary is hereby directed to attac a copy o this ordinance to Ordinance No 85-165, showing the amendment therein made SECTION IV That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the Z day of 1988 RAY S HENS, MAYOR ATTEST J I R A T' S. CITY SE RETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY /ALE 7 14 V PAGE 3 1135L NO R5 /lam AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAI4E WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO 14 06 ACRES OF LAND LOCATED ALONG THE EAST oIDE OF RINEY ROAD, ADJACENT AND SOUTH OF U S HIGHWAY 77, AND NORTH OF WINDSOR DRIVE, AT A POINT BEGINNING APPROXIMATELY 220 FEET EAST OF THE INTERSECTION OF RINE,Y ROAD AND WINDSOR DRIVE, AS IS MORE PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICA- TION AND USE. DESIGNATION TO PLA14NED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION, PROVIDING FOR A PENALTY IN A 11AXIMUM AMOUNT OF $1,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTOd, TEXAS, HEREBY ORDAINS SECTION I That the zoning classification and use designation of the following described property, to-wit TRACT I All that certain tract or parcel of land situated in the N___R___Reiaenheimer Survey, Abstract 810, Denton County, Texas, being all of a certain tract described in a deed from C C Smith, at ux, to Horatio Pena, at al, on the 12th day of October, 1976, and recorded in Volume 808, Page 92U, deed Records of said County, and being more fully described as follows BEGINNING at the northeast corner of said Pena Tract at a steel pin at a fence corner on the south boundary line of U S Highway 77, THENCE south along and near a fence on the east boundary line of said Pena Tract a distance of 804 83 feet to an iron pin at a fence corner at the northeast corner of a tract described in a deed from Cleora Parker to Melvin R Dane on the 27th day of June, 1964 and recorded in Volume 511, Pabe 596, Deed Records of Denton County, Texas, THENCE south 89°17'08" west with the north boundary line of said Dane Tract a distance of 196 0 feet to an iron pin at a fence corner at the northwest corner of said Dane Tract, THENCE south 0°02'41" west with the west boundary line of said Dane Tract along and near a fence a distance of 318 5 feet to an iron pin in the middle of Old Sanger Road at the southwest corner of said Dane Tract, THENCE south 87°40'28" west with the middle of Old Sanger Road d distance of 42 88 feet to a found iron pin at the southeast corner of a tract described in a deed from Grady R McEuin, Jr , at ux to J A Miller and recorded in Volume 921, Page 485, Deed Records, THENCE north 0°10'56" east with the east boundary line of said Miller Road a distance of 117 97 feet to a found iron pin at the northeast corner of said Miller tract, THENCE south 89°53'45" west with the north boundary line of said Miller tract a distance of 109 96 test to a fence corner post at the southeast corner of a tract described in a deed from Patrick E Parker and recorded in Volume 667, Page 592, Deed Records of Denton County, Texas, 7-179!1/h 1 1( 01 n In THENCE north 0°49'10" west with a fence on the east boundary line of said Parker Tract a distance of 98 28 feet to a fence corner post, THENCE south 88°53'29" west with a fence on the north boundary line of said Parker tract a distance of 139 20 feet to an iron pin in the middle of Riney Road, ~j THENCE north $1°26'5'2" west with the middle of Riney Road a distance of 659 95 feet to an iron pin at an angle point in said road, THENCh north 27°13'51" west with the middle of Riney Road a distance of 544 54 feet to an iron pin, THENCE north 48°17'27" east a distance of 24 73 feet to a found iron pin at the southwest corner of a tract described in a deed from Robert J Moon, at ux to Charles Melvin Cunningham and recorded in Volume 632, Page 217, Deed Records of Denton County Texas, THENCE north 48°17'27" east with the southeast boundary line of said Cunningham Tract a distance of 174 94 feet to a found iron pin at the southeast corner of said Cunningham Tract on the south right-of-way of U S Highway 77, THENCE south 59°34'29" east with the south right-of-way of U S Highway 77 a distance of 251 25 feet to a found iron pin, THENCE south 58°50'46" east with the south boundary line of U S Highway 77 a distance of 454 97 feet to the point of beginning containing in all 14 0734 acres of land TRACT II BEGINNING at a steel pin in an old fence corner at the intersection of the east boundary line of Riney Road and the south boundary line of U S Highway 77, THENCE south 59022'47" east with the south right-of-way of U S Highway 77 a distance of 239 72 feet to a found iron pin at the northeast corner of a tract described in a deed from Robert J Moon, at ux to Charlie Melvin Cunningham, at ux and recorded in Volume 632, Page 217, Deed Records of Denton County, Texas, THENCh south 47°09'33" west with the north boundary line of said Cunningham Tract a distance of 126 37 feet to a found steel pin at the northwest corner of said Cunningham Tract on the east boundary line of Riney Road, THENCE north 2b°38'45" west with the east boundary line of Riney Road a distance of 237 04 feet to the point of beginning, containing in all 0 3333 acre of land, is hereby changed from Agricultural "A" District Classification and Use designation to Planned Development "PD" District Classification and Use designation under the comprehensive zoning ordinance of the City of Denton, Texas SECTION II That prior to issuance of any certificate of occupancy for the 1158 of any building within the planned development district, the following conditions shall be met 1 The overall density level of the entire tract shall not exceed 7 9 units per acre 2 The retirement/recovery center shall be limited to 80 units 3 The developer shall dedicate appropriate right-of-way and provide necessary off-site street and drainage improvements in accordance with City of Denton requirements along half of Riney Road from Windsor Drive to the beginning of the proposed Z-1730/ANA ROCCA PBNA/PA(,E 2 new alignment of Riney Road The developer will be required to pay total cost for that section of Riney Road within the development (no city participation in oversizing) 4 All single family detached lots shall be a minimum of 8,000 square feet in size 5 A six foot solid wood fence shall be erected along the southern boundary of the retirement/recovery center tract 6 Care of alcoholic or narcotic patients is prohibited 7 The use of the building designated as "retirement/recovery center" on the concept plan will be limited to providing lodging, meals, and nursing care for ill or elderly persons only 8 If the single family dwellings are two-story, no windows on the second floor will face existing developed property 9 The single family dwellings and retirement center shall be of masonry construction 10 When the property is subdivided and developed, drainage will not be allowed to flow across the north line of the Dane property 11 All dwellings shall be a minimum of 1,600 square feet in size 12 Lxisting Riney Road shall become a cul-de-sac at its northern terminus to prevent direct access onto Highway 77 Plans for installation of cul-de-sac are required at time of platting Actual cul-de-sac must be installed when initial development occurs SECTION III That the development of the property shall be in substantial compliance with the site plan attached hereto and made a part hereof for all purposes The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No 69-1, be, as amended, is hereby amended to show such change in District Classification and Use subject to the above conditions and specifications SECTION IV ` That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the cnaracter of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens SECTION V Any person who shall violate a provision of this ordinance, or tails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued tnereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000 00) Each such person shall be deemed guilty of a aeparate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above Z-1730/ANA ROCCA PENA/PAGE 3 SECTION VI That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby di- rected 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 1 PASSED AND APPROVED this the 49 day of 1985 CIT ON D TON, TEXAS ATTEST CHARLOTTE AZL , & CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNaY CITY OF DENTON, TEXAS BY V i 0 , . Z-1730/ANA ROCCA PENA/PAGE 4 ~ ~1