1985-256Note Amended by Ordinance No 97-121
1284L
NO - a 5
AN ORDINANCE AMENDING THE ZONING MAP OF THE, CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX 10 THE CODE OF
ORDINANCES OF THE CITY OF DENfON, TEXAS BY ORDINANCE NO 69-11
AS AMENDED, AND AS SAID MAP APPLIES TO 27 2874 ACRES OF LAND
LOCATED AT THE SOUTHEAST CORNER OF F M 1830 AND HOBSON LANE, AS
MORE PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR A CHANGE IN
ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFI-
CATION 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 EEFBCTIVE 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 of land situated in the T Martin Survey,
Abstract Number 900 in the City of Denton, Denton County, Texas,
and being part of the called 40 acre tract described in the deed
from Allen Madewell, et ux, to J W Bovell, recorded in Volume
185, Page 127 of the Deed Records of Denton County, Texas, the
subject tract being more particularly described as follows
BEGINNING for the southeast corner of the tract being
described herein, at the northeast corner of the tract
described in the deed from C J Bovell to A H Word,
recorded in Volume 447, Page 311 of the said Deed
Records and being in the east line of the said 40 acre
tract, 400 feet north from the southeast corner thereof,
THENCE west with the north line of the said Word Tract
a distance of 1292 feet to the northwest corner thereof
in the east right-of-way line of F M 1830,
THENCE north with the said east right-of-way a distance
of 920 feet to a point for a corner in Hobson Road,
THENCE east with Hobson Road a distance of 1292 feet to
a point in the east line of the said 40 acre tract,
THENCE south with the east line of the 40 acre tract a
distance of 920 feet to the place of beginning and
enclosing 27 2874 acres of land,
is hereby changed from Agricultural "A" District Classification
and Use designation to Planned Development "PD" District Classi-
fication and Use designation under the comprehensive zoning
ordinance of the City of Denton, Texas
SECTION II
That prior to the issuance of any certificate of occupancy
for the use of any building within the district, the following
conditions shall be met
1 That the areas designated for "duplex" use, as shown on
the attached site plan, shall be developed and used in accordance
with the zoning regulations applicable to two-family dwelling
zoning districts
2 That the area designated for "triplex" use, as shown on
the attached site plan, shall be developed in accordance with
the zoning regulations applicable to SF-7 zoning districts,
except that the minimum lot sizes shall be 9,000 square feet
3 That the area designated for "gardenhome" use, as shown
on the attached site plan, shall be developed and used in
accordance with the zoning regulations applicable to SF-7 zoning
districts, except that each main building for each lot may be
located so as to extend into one side yard setback for each lot,
so long as such side yard setbacks being used for adjoining lots
are not abutting
4 That the area designated for "townhouse" use, as shown on
the attached site plan, shall be developed in accordance with
the zoning regulations applicable to SF-7 zoning districts,
except that the minimum lot size shall be 2,700 square feet and
the main buildings thereon shall be attached
5 That the area designated for the "multi-family" use, as
shown on the attached site plan, shall be developed and used in
accordance with the zoning regulations applicable to MF-1 zoning
districts
6 That the development and use of the district shall be in
substantial compliance with the site plan attached hereto, or
any site plan hereafter approved for all or part of said
district, and any conditions herein contained
7 That no detached signs shall be permitted in the district
8 That landscaping plans must be submitted for the area
designated as "general retail" and "multi-family" on the
attached site plan prior to any development of that area
9 That sidewalks meeting City specifications shall be
constructed on one side of each street adjacent to or within the
development
SECTION III
A That the City Council approves the comprehensive site
Elan for the areas designated for "duplex," "multi-family,"
'triplex," "townhouse," and "gardenhome" use, as shown on the
attached site plan, in accordance with the conditions of this
ordinance
B That prior to any development or construction within the
area designated on the attached site plan for general retail
(GR) use, a comprehensive site plan for such area shall be
submitted for approval in accordance with the procedures
required for approval of planned development districts
C That the approval of the district showing a general retail
area on the attached site plan shall not be deemed approval of
such designated area for any particular land use, but shall be
construed only to mean that uses allowed in general retail zoning
districts on the date such comprehensive site plan is submitted,
may be considered as possible appropriate uses of such designated
area at the time such plan is submitted therefore, the approval
thereof to be determined upon consideration of such factors which
may include, but not be limited to the following the time
elapsed from the effective date of this ordinance to the date
such comprehensive site plan is submitted for such area, the
number of proposed buildings, dwelling units or 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 such area
SECTION IV
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, be, and the same is hereby amended to show
such change in District Classification and Use subject to the
above conditions and specifications
SECTION V
That the City Cou
finds that such chang
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
ncil of the City of Denton, Texas, hereby
e is in accordance with a comprehensive
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
of 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 /1" day of 2p, 19 8"40~
kRITARD , MAYOR
CI OF DE TON, 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
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Z-1756/BURKE ENGINEERING/PAGE 4
ORDINANCE NO / _ oZ
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE PLANNED
DEVELOPMENT DISTRICT CREATED BY ORDINANCE 85-256, AS AMENDED, TO
PROVIDE FOR APPROVAL OF A DETAILED PLAN FOR 8 99 ACRES THEREIN AS
SHOWN IN THE ATTACHED DETAILED PLAN, THE SUBJECT PROPERTY BEING
LOCATED ON THE SOUTH SIDE OF HOBSON LANE, APPROXIMATELY 600 FEET
WEST OF COUNTRY CLUB ROAD (F M 1830), PROVIDING A SAVINGS CLAUSE,
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR
VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Ordinance 85-256 provided for the creation of a planned development district
for 27 2 acres of land located at the southeast corner of Hobson Lane and Country Club Road (F M
1830), and
WHEREAS, Ordinance 86-197 provided for the approval of a detailed plan for 18 5 acres
of land within the district, and
WHEREAS, Ordinance 87-096 provided for approval of an amended detailed plan for 18 5
acres of land within the district and approval of a separate detailed plan for 6 5 acres of land within
the district, and
WHEREAS, Mr Greg Edwards, on behalf of Mr Giovanni Gomm, owner of the subject
property, has applied for approval of a new detailed plan for 8 99 acres described in Exhibit A, and
located within Planned Development 104 (PD-104), a planned development district established by
Ordinance 85-256, and
WHEREAS, on April 23, 1997, the Planning and Zoning Commission recommended
approval of the requested detail plan, and
WHEREAS, the City Council finds that this detailed plan will be in compliance with the
Denton Development Plan NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
Spoon I That Ordinance No 85-256, as amended, as it relates to Planned Development
District 104 (PD-104), a planned development district comprising 27 2 acres of land located therem,
and more particularly to the 8 99 acres described in the legal description attached hereto and
incorporated herein as Exhibit A, is further amended by adopting a detail plan for said 8 99 acre
parcel, attached hereto and incorporated herein as Exhibit B for all purposes
S t n H That the provisions of this ordinance, as they apply to the 8 99 acres described
by Exhibit A, govern and control over any conflicting provisions of Ordinance No 85-256, as
amended, as it relates to the subject property, but all the provisions of said ordinance as they apply
to the remainder of the planned development district not herein amended shall continue in force and
effect and shall apply to the remainder of said district
Section III That a copy of this ordinance shall be attached to Ordinance No 85-256
showing the amendment herein approved
soction rv That any person violating any provision of this ordinance shall, upon conviction,
be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense
Section V 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-Chromcle, a daily newspaper published in the City of Denton
Texas, within ten (10) days of the date of its passage
PASSED AND APPROVED this the day of
1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY Q~tO
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY G%~Gr"~J Gfc~Y
JAC LER, MAYOR
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DESCRIPTION 8 99 ACRE TRACT
Being all that certain tract or parcel of land situated in the T Martin Survey, Abstract 9 900, Denton County, Texas
being a resurvey of all of a called 9 000 acre tract of land described as Tract II In the Deed to Gbvannl Gbmi
recorded In Volume 3186, Page 388 of the Real Property Records of Denton County, Texas being more fully
described as follows
BEGINNING) at a 16" capped Iron rod ad for comer at the Northeast comer of the tract being described herein at the
Northeast comer of said 9 000 acre tract in the South line of a road under apparent public use posted as Hobson
Road,
THENCE South 00 Degree 02 Minutes 57 Seconds East a distance of 509 88 feet to a W capped Iron rod set for
comer,
THENCE South 00 Degree 24 Minutes 06 Seconds East a distance of 400 86 feet to a SW Iron rod found for comer
at or near a fence comer post;
THENCE South 89 Degrees 32 Minutes 48 Seconds West a distance of 428 94 feet to a W capped Iron rod set for
comer,
THENCE North 00 Degree 28 Minutes 45 Seconds West passing on route at a distance of 400 65 feet to a W Iron rod
found for wtinesa and continuing on said course a total distance of 910 92 feet to a W Iron rod found for comer In the
South line of Bald Hobson Lane,
THENCE North 89 Degrees 34 Minutes 19 Seconds East a distance of 432 78 feet to the POINT OF BEGINNING and
enclosing 8 99 acres of land more or less
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J E Thompson II, R P L S No 4857 Date
Job 097055
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