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
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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
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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