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1985-1771179L }t=~1 NO 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 195 349 ACRES OF LAND LOCATED WEST OF TEASLEY LANE AND NORTH OF HOBSON LANE, AND 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 MAXIMUM PENALTY OF $1,000 00 FOR VIOLATIONS THEREOF, PROVIDING FOR A SEVERABILITY CLAUSE, 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 C Poullalier Survey, Abstract 1007, and the S C Hirams Survey, Abstract No 616, in the City and County of Denton, Texas, being part of a certain tract deeded by Mrs M Saunders, Executrix to Joe Hobson on July 2, 1949, recorded in volume 351, Page 545, Deed Records of said county, and being more particularly described as follows BEGINNING at a fence corner on the north line of Hobson Lane at a point north 42 feet and north 89045' west 300 feet from the southeast corner of said Poullalier Survey, which was the original southeast corner of said tract, THENCE North 89045' west with the north line of Hobson Lane 2373 6 feet to a fence corner at a point 42 feet north and 50 feet east of the southwest corner of said Poullalier Survey, THENCE north 00037' east with a fence 1746 12 feet to a fence corner, THENCE south 89025' east with a fence 1214 0 feet to a fence corner, THENCE north 00036' east with a fence and crossing the north line of Poullalier Survey which is the south line of Hirams Survey 3176 5 feet to a steel pin, THENCE south 89045' east and recrossing said survey line 1354 45 feet to a steel pin in a fence on the west right-of-way of FM Road 2181, THENCE south with said right-of-way 3520 0 feet to a point for a corner, THENCE north 89044' west a distance of 320 0 feet for a corner, THENCE south a distance of 570 feet to a point for corner, THENCE south 30009103" east a distance of 145 63 feet to point for corner, PAGE 1 Z- /7'4( THENCE south with a fence 700 0 feet to the point of beginning and containing 195 349 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 issuance of any certificate of occupancy for the use of any building within the planned development district, the following conditions and restrictions shall be met and applied A Electrical service to all buildings within the district shall be supplied by underground facilities, except for one above-ground transmission line B No private or individual residential vehicular access shall be permitted from Hobson or Teasley Lane to any building within the district C That the areas designated on the attached site plan as SF-16, SF-13, SF-10, SF-7 and 2-F shall be developed in accordance with, and be governed by, the zoning regulations applicable to such zoning districts D The areas designated for single family use (SF-16, SF-13, SF-10 and SF-7) shall be developed concurrently with the cluster housing area E A masonry fence, of a minimum height of six feet, or a living fence, shall be constructed or installed along the western boundary of the cluster housing area F Mission Street shall be constructed as a collector street, with a 60 foot right-of-way, between Highway 377 and Teasley Lane G The cluster housing area shall be used for buildings that have no more than six attached dwelling units per building SECTION III A That prior to any development or construction within the areas designated on the attached site plan, a comprehensive site or final development plan for those areas shall be submitted for approval in accordance with the procedures required for planned development districts The plans submitted for such areas shall meet the following requirements and conditions 1 The plan shall show the type, location, and arrange- ment of the dwelling units and common areas for the cluster housing area No building therein shall be over two stories in height 2 A tree survey shall be submitted showing the location of trees and which will remain and which will be removed as a result of the development B That the approval of the district showing designated areas on the attached site plan in reference to other zoning districts, shall not, and is not intended to be deemed as approval of such PAGE 2 Z- 17416 designated areas for any particular land use, but shall be construed only to mean that uses allowed in such zoning districts on the date such comprehensive site plan is submitted may be considered as possible appropriate uses for such designated areas, the approval thereof based upon such factors, which may include, but not be limited to the time elapsed from the effective date of this ordinance to the date such comprehensive site plans for such areas are submitted; the number of proposed buildings, dwelling units and proposed uses, the arrangement and design of the build- ings, streets, parking areas, utilities and other development features, and the proposed regulations to be applied to such areas SECTION IV That the development of the property shall be in substantial compliance with the final comprehensive site plans attached hereto or any comprehensive site plan hereafter approved for any part of the district as required herein and made a part hereof for all pur- poses and the regulations, conditions and provisions contained herein 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 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 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 if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity PAGE 3 Z-1746 PQ ILL- I ur~~ i~ Wmo NPn p nti l rv N L4 0/~ I Z oy~ C9 S1 ~M'f Ij~l Y AMIMM r O W~n s~0 Nf u u as Y W ~ t Pill „ Ig x "Y # i it, Y x s ~ l a~ v L CLGP ` Z-1746 SECTION VIII 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 ~oC PASSED AND APPROVED this the 3_ day of ~7>._2~ . 1985 ATTEST CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY PAGE 4 Z- 17'V6