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1986-0631134L • NO. p3_ 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 25.6 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF U. S. HIGHWAY 77 AT ITS INTER- SECTION WITH PROPOSED HIGHWAY LOOP 288, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFI- CATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION 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" 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 the beginning of any construction or develop- ment within the district created herein and prior to the issuance of any building permits for buildings therein, the following conditions shall be met: A. A detailed comprehensive site plan for all or part of the district for which development is proposed shall be submitted for approval in accordance with the provisions of Appendix B-Zoning of the Code of Ordinances. The comprehensive site plan required herein shall be submitted in the manner and form acceptable to the Department of Planning and Community Development and shall contain the following information: (1) All proposed land uses and development standards including, but not limited to, the location of all buildings, streets, parking areas, open spaces, recreation or park areas, major utilities and drainage facilities; the maximum height of buildings, the dimensions of lots, maximum lot coverage, building setbacks, buffering or screen- ing areas or facilities, and the regulations to be applied to signs. (2) A tree preservation plan showing all existing trees greater than three inches in diameter, measured at a height of six feet from ground level; all such trees which are proposed to be removed; and all trees that would be planted or substituted for those removed, or will be planted in addition thereto. • CJ (3) A detailed landscaping plan showing at least twenty percent (20%) of the total land area as landscaped area. B. The proposed comprehensive site plan herein required to be submitted shall not, in any case, be inconsistent with the following: (1) Proposed building heights shall not exceed five stories. (2) Proposed maximum building coverage shall not exceed fifty percent (50%) of the area of the tract and the maximum coverage of all buildings, drives and parking areas shall not exceed eighty percent (80%) of the area of the tract on which they are to be built. (3) The maximum floor area within all buildings shall not exceed 1,000,000 square feet. (4) Proposed land uses shall be limited to the following: office, hotel, bank, movie theatre, gasoline service station, parking lot or garage, medical center or hospital, convenience store, and retail and shopping center uses. C. Sidewalks shall be constructed on the south and west sides of all public streets. D. A detailed general development plan, as provided for in Appendix A of the Code of Ordinances, shall be submitted and approved prior to, or in conjunction with, the approval of any final plat. SECTION III. 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 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 day of January, 1969, as an App of the City of Denton, Texas amended, is hereby amended to Classification and Use subject specifications. Denton, Texas, adopted the 14th andix to the Code of Ordinances under Ordinance No. 69-1, as show such change in District to the above conditions and Z-1780/H. ROSS PEROT, JR./PAGE 2 • SECTION V. 0 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 City of Denton, Texas other things for the peculiar suitability conserving the value and encouraging the maximum benefit to the SECTION VI. of promoting the general welfare of the and with reasonable consideration, among character of the district and for its or particular uses, and with a view to )f the buildings, protecting human lives, most appropriate uses of land for the City of Denton, Texas, and its citizens. 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. ,eL I01ICjiARD 0. S1EW , MAYO CITY OF DE TON, TEXAS ATTEST: LOT ALLEN, ITY E CVXARY TY 0 DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: I. an ✓r Z-1780/H. ROSS PEROT, JR./PAGE 3 TRACT I: EXHIBIT A SITUATED in Denton County, Texas, in the Nathan Wade Survey, Abstract No. 1407, being a resurvey of part of the 33 acres described in a deed from Frank W. Head to Allan L. Burns, Trustee dated 9/29/80, recorded in Volume 1040, Page 200, Real Property Records of Denton County, Texas, being described by metes and bounds as follows: BEGINNING at an iron pin set beside a corner post at the northwest corner of said 33 acres, in the south Right-of-Way line of U. S. Highway No. 77; THENCE south 58° 11' 47" east, 353.23 feet with the north line of said 33 acres and with an established fence and with said south Right-of-Way line to an iron pin set for a corner at the north corner of the 7.427 acres of land described in a deed from Allan L. Burns, Trustee to the State of Texas for the purpose of constructing State Highway Loop 288; THENCE southwesterly with the north line of said 7.427 acre tract and with the north Right-of-Way line of proposed State Highway Loop 288 as follows: South 3° 32' 04" West, 97.33 feet, an iron pin set; South 60° 17' 04" West. 349.08 feet to an iron pin set at the west, northwest corner of said 7.427 acre tract, in the west line of said 33 acres, in a north-south established fence for a corner; THENCE north V 07' 37" east. 456.43 feet with the west line of said 33 acres and with said established fence to the PLACE OF BEGINNING and CONTAINING 1.9177 acres of land. TRACT II: SITUATED in Denton County, Texas, in the Nathan Wade Survey. Abstract No. 1407, being a resurvey of part of the 33 acres described in a deed from Frank W. Head to Allan L. Burns, Trustee dated 9/29/80, recorded in Volume 1040, Page 200, Real Property Records of Denton County, Texas, being described by metes and bounds as follows: BEGINNING at an iron pin set beside a corner post at the southwest corner of said 33 acres and the junction of an east-west established fence and a fence from the north; THENCE north 1° 07' 37" east, 715.04 feet with the west line of said 33 acres and with said established fence to an iron pin set for a corner at the southwest corner of the 7.427 acres of land described in a deed from Allan L. Burns, Trustee to the State of Texas for the purpose of constructing State Highway Loop 288; THENCE easterly with the south Right-of-Way line of proposed State Highway Loop 288 and with the south line of said 7.427 acre tract as follows: North 79° 26' 50" east, North 71° 38' 07" east, South 82° 01' 29" east. North 35° 38' 36" east, line of said 33 acres a No. 77 for a corner; 347.77 277.75 332.09 110.64 nd in tl feet feet feet feet he so to an existing iron pin; to an existing iron.pin; to an iron pin set; to an iron pin set in the north uth Right-of-Way line of U. S. Highway THENCE south 58° 11' 47" east. 310.28 feet with the north line of said 33 acres and with an established fence and with the south Right-of-Way line of U. S. Highwa: No. 77 to an existing iron pin set at the northeast corner of said 33 acres for a corner; THENCE south 1° 08' 07" west. 759.87 feet with the east line of said 33 acres to an iron pin set in said east-west established fence, at the southeast corner of said 33 acres for a corner; THENCE north 89° 23' 46" west. 1261.62 feet with the south line of said 33 acres and with said fence to the PLACE OF BEGINNING and CONTAINING 23.6775 acres of land. Z-1780/H. ROSS PEROT, JR. • i iT i; t~ :s i4 i N 0 II ' 1. m 1 I ~y=1 r~~ : 1 7` I I V ' Oq t ~ 1 i 'V a 1 \ ~ I 1 \ 11 - 'n s \11 I•L_ - If ,Y I ~ \ 1 I 1 ! I i I I ~ d ~ 5 a i i - i ;1 s ~t'i I. :i mN 11 I1 j'r s rT o o s e a' PROPOSED PD DISTRICT OFACE/COMMERCIgURETAIL USES COfrWREHENgryE PuN o■vmt K ROSS PEROT. JR 7171 FOREST LAME DALLAS. TEXAS P~We. JYs knam Z-1780/I1. ROSS PEROT, JR. s p g