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1986-0921424L NO 2~, - AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME 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 74 9 ACRES OF LAND LOCATED AT THE NORTH- WEST CORNER OF HICKORY CREEK ROAD AND TEASLEY LANE, AS IS MORE PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFI- CATION AND USE DESIGNATION, PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I That the zoning classification and use designation of the real property described in Exhibit "A", attached hereto and incorporated herein by reference, 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 the "development concept" site plan, attached hereto as Exhibit B and incorporated herein by reference, is approved as a preliminary site plan for the district Any comprehensive site plan required to be submitted herein shall not be inconsistent with the development concept site plan Any amended concept plan submitted for approval shall show and include the whole district SECTION III That the district herein approved shall be subject to the following conditions, restrictions, and limitations 1 Prior to the beginning of any development or construction within the district, or of any parcel of land or phase thereof, or the issuance of any building permits therefore, a detailed comprehensive site plan for the parcel of land for which develop- ment is proposed, whether one or more, shall be submitted for approval in accordance with the provisions of Appendix B-Zoning of the Code of Ordinances and the requirements of this ordinance The comprehensive site plans required herein shall be submitted in the manner and form acceptable to the Department of Planning and Community Development and shall show or contain information as to all proposed land uses, development standards and regu- lations to be applicable therein, including, but not limited to, the location of all buildings and structures, streets, parking and loading areas, recreation, open spaces, and park areas, major utilities and drainage facilities, the maximum height of all buildings and structures, the dimensions of building lots, the maximum lot coverages and building setbacks, all buffering and screening areas and devices, the location, size, and types of detached signs and the regulations to be applied to all signs, and such other information as may be required by the department 2 A general development plan as specified in Appendix A of the Code of Ordinances, shall be submitted for the first parcel of land or phase to be developed or platted The plan shall include an exact description of all infrastructure improvements necessary to serve the parcel of land or phase proposed for development The plan shall specify the phases in which all parcels of land within the district are proposed to be developed 3 With each comprehensive site plan submitted for approval, a tree preservation plan shall also be submitted The plan shall show all existing trees over three inches in diameter, measured six feet from ground level, which of those trees required to be shown, will be removed as a result of development, and the location, size, and type of trees that will be substituted for any existing trees that are proposed to be removed, or will be planted in addition thereto 4 With each comprehensive site plan submitted for approval for Parcel C, D or E, a landscaping plan shall be submitted showing at least twenty percent of the total area of the tract, exclusive of areas for street rights-of-way, to be permanently used and maintained as common areas for plants, shrubs, grasses or other landscape features 5 All development contracts required to be executed in accordance with Appendix A of the Code of Ordinances for the development of any parcel of land shall provide for the construction of sidewalks, meeting City specifications, along the southern and western sides of all public streets to be constructed or improved within or adjacent to the district 6 Parcel A shall be developed and used in accordance with, and shall be governed by, the regulations applicable to single family (SF-7) zoning districts as provided for in Appendix B-Zoning of the Code of Ordinances, except that the maximum lot area shall be 6,000 square feet 7 Parcel E shall be developed and used in accordance with, and be governed by, the regulations applicable to Multi-family (MF-1) zoning districts as provided for in Appendix B-Zoning of the Code of Ordinances 8 Parcel C shall be developed and used in accordance with, and be governed by, the regulations applicable to Office (0) zoning districts as provided for in Appendix B-Zoning of the Code of Ordinances 9 Parcel D shall be developed and used in accordance with, and be governed by, the regulations applicable to General Retail (GR) zoning districts as provided for in Appendix B-Zoning of the Code of Ordinances, provided however that the following additional uses shall be permitted uses therein new or used car sales (open), second hand store, used furniture or rummage sale, cabinet and upholstery shop, scientific or research laboratories, storage or sales warehouses, wholesale office and sample room, and roller or ice skating rink 10 No parking lots or areas shall be permitted in any required setback, except for private driveways built for Parcel A 11 The comprehensive site plans for Parcels C, D and E must have a design for internal traffic circulation providing a nimum 80 foot vehicular stacking zone or area, to which no roads or parking areas shall be connected Z-1794/PAGE 2 12 The Street right-of-way for the proposed street extending from FM 2181 through Parcel C shall be 60 foot in width 13 The deceleration lane along FM 2181 fronting Parcel C shall be built in conjunction with the development of Parcel C, in accordance with City standards The engineering plans for the deceleration lane must be submitted for approval with the required platting of Parcel C 14 One detached sign shall be permitted in Parcel D, which shall conform to City regulations and be shown on the required comprehensive site plan All other detached signs in the district shall be shown on the applicable comprehensive site plan and shall conform to City regulations as provided for in Appendix B-Zoning of the Code of Ordinances SECTION IV That the approval of the district as provided for herein shall not, and is not intended to, be deemed approval of any particular land use in such district, but shall be construed only to mean that those proposed land uses, as provided for herein, may be considered as possible appropriate uses for the district at the time the comprehensive site plan in submitted therefore, the approval thereof being based upon relevant factors which may include, but not be limited to the time elapsed from the effective date of this ordinance to the date the comprehensive site plan for the district is submitted, the number of proposed buildings or dwelling units and proposed uses, the arrangement and design of the buildings, streets, parking areas, utilities and other development features, and the proposed regulations to be applied to the district SECTION V That the development of the property shall be in substantial compliance with the final comprehensive site plan hereafter approved and made a part hereof for all purposes and the regula- tions, conditions, and provisions herein contained 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, as amended, is hereby amended to show such change in District Classification and Use subject to the above conditions and specifications SECTION VI 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 character 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 VII Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding one Thousand Dollars ($1,000 00) Each such person shall be deemed Z-1794/PAGE 3 guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is commuted, or continued, and upon conviction of any such violations such person shall be punished within the limits above SECTION 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 7k PASSED AND APPROVED this the ~ day of 1986 RAY S EPHEN , MAYOR CITY F DENTON, TEXAS ATTEST CHAR E ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY M IfVtNI Z-1794/PAGE 4 EXHIBIT "A" All that certain tract or parcel of land situated in the Eli Pickett Survey, Abstract 1018, Denton County, Texas, and being all of a certain (called) 46 17 acre tract described in a deed from C E Bounds to D L Causey, et ux, on April 20, 1978, and recorded in Volume 888, Page 273, Deed Records, and part of a tract described in a deed from J L Madewell to D L Causey et ux on February 14, 1978, and recorded in Volume 875, Page 596, Deed Records of Denton County, and being more particularly described as follows BEGINNING at a corner on the South boundary line of said Pickett Survey in an East-West public road on the West right-of-way of F M Road 2181 and at the Southeast corner of said 46 17 acre tract, THENCE N 870 40' 43" W with the center of said public road and with the South line of said Survey 1417 50 feet to a corner, THENCE N 60 46' 25" L along and near a fence 796 80 feet to a steel pin, THENCE S 860 13' 06" E along and near a fence 100 98 feet to a steel pin, THENCE N 30 45' 58" E along and near a fence 722 66 feet to a steel pin, THENCE N 840 23' 27" W with a fence 25 44 feet to a steel pin, THENCE S 850 46' 33" W with a fence 1181 27 feet to a steel pin, THENCE N 10 25' 29" E along and near a fence 579 93 feet to a steel pin, THENCE N 890 41' E 2381 69 feet to a steel pin on the West right-of way of said F M Road, THENCE S 00 04' 26" W with the West right-of-way of said F M Road 1116 58 feet to a right-of-way post, THENCE S 10 O1' 40" W with the West right-of-way of said L M Road 955 05 feet to the place of beginning, containing in all 74 930 acres of land Z-1794 EXHIBIT "B" Z-1794