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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 , 1 fill 1 4ggriir u` C - i n ' s ~ ~ r 4 a ` I • I^~ I r I 1 O • ~ Y aa M ! ???jjj ~4 N M M S ` N n _ ~ JJ 'lk4s a n i ~ N u ~ ` .Q S ^ N I P N J S N (1 ~ Y ^ J N N N1 1~1 I n ~ N y r E Y x y ` K Y O O Y G V V 1 -ll 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 cwx wam~roa ax 2 EK~,9fr 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 -z-4- 77 J E Thompson II, R P L S No 4857 Date Job 097055 Cxhl,b/l --B GREG EDWARDS P E P, ~i d n y ~ xm~ v_ m I Country Club Plaos I (312 Lrl I EDWWARI E AT, oNaiud SU run , ~i'RJ~ r@