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1986-0171134L NO 94-1 / 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 50 1576 ACRES OF LAND LOCATED ON THE WEST SIDE OF MAYHILL ROAD 4,300 FEET NORTH OF INTERSTATE 35 NORTH, AS 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 following described property, to-wit All that certain tract or parcel of land situated in the David Hough Survey, Abstract 646, Denton County, Texas, being all of a certain (called) 45 30 acre tract deeded by Fred N Stones, Jr to Lynn Mallow and wife on the 31st day of January 1955, recorded in Volume 407, Page 236, Deed Records of said County, and a part of a certain (called) 40 acre tract deeded by C G Haggard, a widower, et al to Mason A Haggard and wife Wilma Haggard on the 5th day of May 1947, recorded in Volume 337, Page 430, Deed Records of said County, and being more fully described as follows BEGINNING at the southeast corner of said 45 30 acre tract in the east boundary line of the D Hough Survey and in Mayhill Road, THENCE south 87°53'18" west near a fence a distance of 1821 56 feet to an iron pin, THENCE north 02000'00" east a distance of 1080 0 feet to an iron pin in the south line of said 40 acre tract, THENCE north 87°42'00" east along common property line a distance of 1141 37 feet to an iron pin, THENCE north O1°58'30" east a distance of 320 0 feet to an iron pin, THENCE north 87°42'00" east a distance of 680 63 feet to an iron pin in the east boundary line of said D Hough Survey in Hayhill Road, THENCE south O1°58'30" west along said survey line and said road a distance of 320 0 feet to an iron pin being the southeast corner of said 40 acre tract, THENCE south 02°00'00" west along Mayhill Road and the east boundary line of said D Hough Survey a distance of 1086 0 feet to the point of beginning and containing 50 1576 acres of land 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 development 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 comprehensive site plan for the district shall be submitted for approval in compliance with Article 11, Appendix B-Zoning of the Code of Ordinances None of the following listed land uses shall be permitted in the district and no such uses shall be shown as proposed uses on such comprehensive site plan Amusement, Commercial (outdoor), Drag Strip or Commercial Racing Asphalt or Concrete Batching Plant (permanent) Brick Kiln or Tile Plant Dormitory, Boarding or Rooming House Dump or Sanitary Fill Area Cemetery or Mausoleum Extraction and Sale of Sand, Caliche, Stone, Clay or Gravel Fairgrounds or Exhibit Area Go-Cart Track Halfway House Hatchery, Poultry Hauling or Storage Company Heavy Machinery Sales and Storage Home for Care of Alcoholic, Narcotic or Psychiatric Patients Livestock Auction Livestock Feeding Plant, Pens or Yards Mining or Storage of Mining Wastes Open Salvage Yard for Rags or Machinery, etc Petroleum Collecting or Storage Facilities Private Utility Shop or Storage Yard Rodeo Grounds Sand, Gravel or Earth Sales or Storage Stable, Commercial Rental Stable, Boarding Stable, Private Club Storage and Sales of Furniture or Appliances Outside a Building Theater, Drive-In Tire Re-Treading or Capping Tool Rental Trailer Camp or Mobile Home Park Trailer Rental or Sales Used Auto Parts Sales B A six (6) foot solid wood fence shall be erected between the petitioner's property and the Mason Haggard property The fence shall be erected before any construction or development occurs C That the approval of the district showing a designated light industrial use on the attached site plan, 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 uses, otherwise permitted in light industrial zoning districts, exclusive of the listed prohibited uses in this ordinance, 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 III That the development of the property shall be in substantial compliance with the final comprehensive site plan hereafter Z-1727/HAMMET AND NASH, INC /PAGE 2 approved and made a part hereof for all purposes and the regula- tions, conditions, and provisions herein contained The Zoning Map of t day of January, 1969, a the City of Denton, Tex hereby amended to show Use subject to the above SECTION IV he City of Denton, Texas, adopted the 14th s an Appendix to the Code of Ordinances of as under Ordinance No 69-1, as amended, is such change in District Classification and e conditions and specifications 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 V 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 VI That Ordinance No 85-153 is hereby repealed SECTION VII That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby di- rected 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 J./O day of 1986 1 - 0 , CITY OF NTON, TEXAS ATTEST OTTE-ALLEN, SEGRETAKY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY &~& x/0121 d~ Z-1727/HAMMET AND NASH, INC /PAGE 3 0 n, v A4 V gig RRN i G} l^ i 118 lf a~ I E~ ~3e Bil 'A 19 RA~ 1 E41 i fss A i~ A{ & r' ra A 3 A sA 'ii sre ~E) i 1r arrp , Ef i s i, aqq f r' 9E~a 9r E s~4, " M' a i~ is A A■ i Jill B A g