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
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