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1986-0591352L • NO. 0 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 63.7 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF FM 1515 AND UNDERWOOD ROAD, 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 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 Develop- ment and shall contain information as to 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 screening areas or facilities, and the regulations to be applied to signs. B. The proposed comprehensive site plan herein required to be submitted shall not, in any case, be inconsistent with the following: (1) Any height limitations applicable to the district, including those applicable to the district by reason of its proximity to the Denton Municipal Airport. (2) Proposed land uses to be shown on the required comprehensive site plan shall be limited to the following uses listed in Article 7 of Appendix B-Zoning: • 0 (a) All utility, accessory, and incidental uses save private community centers and home occupations. (b) All transportation related uses. (c) All automobile service uses except auto wrecking or salvage yards and tire retreading or capping. (d) All retail and service type uses. (e) All sign and identification uses except apartment name and institutional signs. (f) All agricultural type uses except for farms and ranches. (g) All commercial type uses except for sand, gravel, or earth sales and storage and trailer rental or sales. (h) All light manufacturing or industrial uses which meet the performance standards pre- scribed by article 9. A of Appendix B-Zoning. 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 endix to the Code of Ordinances under Ordinance No. 69-1, as show such change in District to the above conditions and 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 Z-1751/PAGE 2 • • 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. I A 0 )4 OF DE TON, TEXAS ATTEST: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Z-1751/PAGE 3 EXHIBIT A: FIELD MOTES TO 63.7475 ACRES IN THE WILLIAM NEILL SURVEY, ABSTRACT 970, DENTON COUNTY, TEXAS. All that certain tract or parcel of land situated in the William fleill Survey, Abstract 970, Denton County, Texas, said tract being tracts shown by deed to Patrick F. Breen as recorded in Volume 4'34, Page 63 and Volume 427, Page 183 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING for the Southeast corner of the tract being described herein at a point se t in road at the apparent most Eastern Southeast corner of said 'Ieill `_;t,rvey being also the Southeast corner of said Breen tract shown in Volume 454, Page 63, Deed Records of Denton County, Te.nas; T:ILiNCE North 39 degrees 16 minutes 51 seconds West at 26.20 feeticorner post, overall a distance with fence of 2725.99 feet for the Southwest corner of said Breen tract and the Northwest corner of the J. id. Hardin Survey, Abstract 1656; T I[ NCr north 0 degrees, 53 minutes 11 seconds ;lest with centerline of ►oad and the Fast line of tract shown by deed to the City of Denton and recorded in Volume 305, Page 324, of the Deed Records of Denton County, Texas, for a distance of 1312.55 feet to an iron pin set in the ground; T~.*iNCE.South 89 dearees_ts minutes 37 seconds East with said road 1295.13 feet to a corner post set in the ground at the Northwest corner of tract shown by deed to J. Newton Rayzor as recorded in Volume 417, Paqe 399, Deed Records of Denton County, Texas; THENCE South'O degrees 24 minutes 01 seconds West 566.16 feet with fence at cross-tie corner post for Southwest corner of said Rayzor tract; THENCE South 89 degrees 17 minutes 48 seconds cast 1456.94 feet to an iron pin found in road the Southeast corner of said Rayzor tract; T!!ENCE South 0 degrees 00 minutes 13 seconds l-lest 750.73 feet to the Point of Beginning, and containing 63.7475 acres of bind. 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