1986-0901420L
NO 21o-- 9~
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDI-
NANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO 69-1, AS
AMENDED, AND AS SAID MAP APPLIES TO 74 97 ACRES OF LAND LOCATED
AT THE NORTHEAST CORNER OF THE INTERSECTION OF INTERSTATE
HIGHWAY 35 AND PAYNE DRIVE, 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 CLASSIFICATION AND USE DESIGNA-
TION, 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 "master development" 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
development 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 regulations 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
budding 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
z 11 89
applied to all signs, and such other information as may be
required by the department
2 Any comprehensive site plan required to be submitted
herein for any parcel of land shown on Exhibit B, whether one or
more, shall not be inconsistent with the following minimum
standards
MAXIMUM
MAXIMUM HEIGHT
APPLICABLE DEVELOPMENT
MAXIMUM
NUMBER
OF BUILDINGS
STANDARDS/PROPOSED USES-
PARCEL
ACREAGE
OF UNITS
(STORIES)
PER ZONING DISTRICTS
A
16
75
N/A
3
Office uses
B
4
00
N/A
2
Neighborhood Service
C
18
34
200
2
Multi-family Restricted
(MF-2) and minimum
common recreation/open
space of 1 8 acres
D
27
74
91
2
Single-family (SF-10)
E
6
00
11
2
Single-family (SF-16)
F
2
17
N/A
N/A
Water Detention Area
3 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
4 With each comprehensive site plan submitted for approval
for parcel A, B, or C 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 A solid masonry fence, of a minimum height of six feet,
shall be constructed or installed along the north and east
boundaries of Parcel B, along the north and east boundaries of
Parcel A, and along the north, east and south boundaries of
Parcel C The required fence or screening device for Parcel C
shall be constructed or installed prior to the issuance of any
permits for buildings within the parcel All other required
fences or screening devices shall be constructed or installed
prior to the issuance of any certificates of occupancy for the
respective parcels to which this paragraph applies
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7 The development contract required by Appendix A of the
Code of Ordinances for the development of either Parcel A, B, C,
or D, whichever first occurs, shall provide for perimeter street
improvements to Payne Drive, of a maximum width of 17 feet, and
extending from I-35 to Westgate Drive, in accordance with City
standards
8 The development contract required by Appendix A of the
Code of Ordinances for the development of Parcels D, E or F,
whichever first occurs, shall provide for perimeter street
improvements to Westgate Drive, of a minimum width of 17 feet,
beginning from the northern boundary of the district and
extending to Payne Drive, in accordance with City standards
9 The water retention area shown as Parcel F shall be
improved and dedicated to the City with the development of any
parcel for which such detention area is necessary to provide
adequate drainage, as determined by the City Engineer
10 That the comprehensive site plans submitted for Parcels D
and E shall show a design that will accommodate the location of
existing public easements and utilities crossing the respective
tracts
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 plans 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
Z-1788/PAGE 3
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 guilty of a separate 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
SECTION VIII
That this ordnance 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 the 1l- day of 1986
OT~rY
RA S E HEN , MAYOR
CITY OF DENTON, TEXAS
ATTEST
CHARLOTTE
fi ALL', CITY CRE RY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY D `m rcjn
Z-1788/PAGE 4
EXHIBIT "A"
FIELD NOTES TO 74 9736 ACRES IN THE FRANCIS BATSON SURVEY,
ABSTRACT 43, CITY AND COUNTY OF DENTON, TEXAS
ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE FRANCIS
BATSON SURVEY, ABSTRACT 43, CITY AND COUNTY OF DENTON, TEXAS,
BEING ALL OF A (CALLED) 74 855 ACRE TRACT DESCRIBED IN A DEED
FROM ARCHIE C PAYNE TO HENRY S HILLER CO, TRUSTEE, RECORDED IN
VOLUME 738, PAGE 113, DEED RECORDS OF SAID COUNTY, AND BEING MORE
FULLY DESCRIBED AS FOLLOWS1
BEGINNING AT A RIGHT-OF-WAY POST AT THE NORTHWEST CORNER OF SAID
74 855 ACRE TRACT ON THE NORTH BOUNDARY LINE OF THE F BATSON
SURVEY AT ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY OF
INTERSTATE HIGHWAY 35-E,
THENCE SOUTH 87 DEGREES 44 MINUTES 41 SECONDS EAST WITH THE NORTH
BOUNDARY LINE OF THE F BATSON SURVEY AND THE SOUTH BOUNDARY LINE
OF THE N WADE SURVFY, ABSTRACT 1407 ALONG AND NEAR A FENCE PASS
AT 2098 30 FEEL AN IRON PIN ON THE WEST BOUNDARY LINE OF PAYNE
DRIVE AND CONTINUING A TOTAL DISTANCE OF 2116 70 FEET TO THE
NORTHEAST CORNER OF SAID 74 855 ACRE TRACT IN PAYNE DRIVE,
THENCE SOUTH 01 DEGREES 49 MINUTES 47 SECONDS WEST WITH THE
MIDDLE OF PAYNE DRIVE A DISTANCE OF 1203.42 FEET TO AN IRON PLN,
1HENCE NORTH 87 DEGREES 30 MINUTES 01 SECONDS WEST ALONG AND NEAR
A FFNCE A DISTANCE OF 533 93 FEET TO AN IRON PIN AND FENCE
LORNER,
THENCE SOUTH 02 DEGREES 38 MINUTES 18 SECONDS EAST WITH A FENCE A
DISTANCE OF 510 38 FEET TO AN IRON PIN,
THHNCE NORTH 87 DEGREES 28 MINTTES 02 SECONDS WEST ALONG AND NEAR
A FENCE A IDSfANCE OF 1492 53 FEET TO AN IRON PIN AND FENCE
CORNER ON THE EASI RIGHT-OF-WAY OF INTERSTATE HIGHWAY 35-E,
THENCE NORTH 06 DEGREES 01 MINUTES 00 SECONDS WEST ~4 TH SAID
RIGHT-OF-WAY ALONG AND NEAR A FENCE A DISTANCE OF 481 3U FEET TO
A RIGHT-OF-WAY POST;
THENCE NORTH 01 DFGREES 10 MINUTES 30 SECONDS WEST WITH SAID
RLiHT-OF-WAY ALONG AND NEAR A FENCE A DISTANCE OF 1228 30 FEET TO
THE POINT OF BEGINNING AND CONTAINING 74 9736 ACRES OF LAND
Z-1788
EXHIBIT "B"
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JA
OFPIC
B
NS
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MASTER DEVELOPMENT
JAMES M. BROWN, CO.
=ROPLEX
ENOINEERINO
- CORPORATION
1123 FORT WORTH ORIV6
817 383 1418
PLAN
01 13 66 ADD UTILITIES
Z'I788