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1986-0891421L NO 96 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 80 ACRES OF LAND LOCATED APPROXIMATELY 1,150 FEET WEST OF TEASLEY LANE AND NORTH OF HICKORY CREEK ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSI- FICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION 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" Dis- trict Classification and Use designation to Planned Development "PD" District Classification and Use designation under the compre- hensive zoning ordinance of the City of Denton, Texas SECTION II That the proposed 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 attached site plan Any proposed amendment of the attached site 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 of the areas designated for general retail, multi-family, and condominium use, as shown on Exhibit B, a detailed comprehensive site plan for the parcel of land for which development is pro- posed, 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 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 Any comprehensive site plan required to be submitted herein for any parcel of land shown on Exhibit B, whether one or Z- (74~(p more, shall not be inconsistent with the maximum number of dwelling units shown on Exhibit B 3 A minimum 50 foot landscaped setback shall be maintained for all parcels of land fronting Hickory Creek Road No parking lots, buildings or structures shall be allowed within the required setback 4 The maximum height of buildings in the area designated for multi-family use shall be three stories 5 The maximum height of buildings in the area designated for general retail use shall be two stories 6 The area designated for single family dwelling use shall be developed in accordance with, and be governed and controlled by, the zoning regulations applicable to single family (SF-7) zoning districts as provided for in Appendix B-Zoning of the Code of Ordinances 7 The area designated for duplex dwelling use shall be deve- loped in accordance with, and be governed and controlled by, the zoning regulations applicable to two-family (2-F) zoning districts as provided for in Appendix B-Zoning of the Code of Ordinances 8 One detached sign may be used for the entire district All other signs must be attached signs and shall be governed by the sign regulations set forth in Appendix B-Zoning of the Code of Ordinances 9 All uses permitted in general retail zoning districts as provided for in Appendix B-Zoning of the Code of Ordinances, shall be considered permitted uses in the area shown as general retail on Exhibit B, subject to approval of the required comprehensive site plan for such area as provided for in this ordinance 10 No private access driveways or curb cuts shall be permitted on Hickory Creek Road from any parcel or lot within the district 11 The recreation area shown on Exhibit B shall be be privately owned and maintained 12 Sidewalks shall be provided on the western or southern sides of all public street within the district 13 That portion of Hickory Creek Road, extending from the east boundary of the district to FM 2181, being approximately 1,150 feet in length, shall be improved in accordance with City standards, to a width of 24 feet 14 Screening devices of a minimum height of six feet, con- sisting of living vegetation or combination brick/wood fencing, or both, shall be erected along all boundary lines where the general retail and multi-family uses abut duplex and single family uses, prior to the issuance of any building permits for the respective tracts The architectural details of the proposed screening devices shall be submitted with the comprehensive plans required for the respective tracts for which fencing is required 15 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 Z-1766/PAGE 2 SECTION IV 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 V 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 VI 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 VII 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 PASSED AND APPROVED this the ~ day of 1986 RAY TEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY V 1 u u'Vwn Z-1766/PAGE 3 EXHIBIT 'A" SURVEY NOTES To all that certain 80 0 acre tract or parcel of land situated in the ► N Britton Survey, Abstract No 51, Denton County, Texas and being the same tract described in a deed from Charles Seagraves to Carl Benton Compton as dated May 6, 1946 and recorded in Volume 324, Page 332 of the Deed Records of Denton County, Texas, and being further described as BEGINNING at the Southeast corner of the N Britton Survey, Ab No 51, also being the Southwest corner of the E. Pickett Survey, Ab No 1018, also being the Northwest corner of the S Venter Survey, Ab No. 1315, also being the Northeast corner of the B Rogers Survey, Ab No 1101, and lying in the apparent centerline of a public road (known as Hickory Creek Road), THENCE North 87' 45' 59" West following more or less the centerline of the public road and the South line of the N Britton Survey, Ab No 51 a dis- tance of 2,641.40 feet to the Southwest corner of the herein described tract, THENCE North 01° 22' 374 East a distance of 1,319 56 feet to a point for corner, THENCE South 87° 45' 50" East with the South line of a tract owned by ACME Brick Co. a distance of 2,641.4 feet to a point for corner, THENCE South 01° 22' 37" West with the East line of the N. Britton Survey, Ab No 51 a distance of 1,319 44 feet to the POINT OF BEGINNING and enclos- in all 80.0 acres of land. Z-17bh EXHIBIT 'B" r~ 1 f r 1 ~ V• + tik E i i i 1 9 J Fay I t~ n` o N I ' S m D L 0 N m 0 i m ' rn i rn . . 1 r . r . • °o • E~~t~t~iC ( gip • ~7i~A6 I'S m • A • b r c u a r x Z-iloe