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1985-1661165L NO 9,5- 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 36 96 ACRES OF LAND LOCATED NORTH OF PAIGE ROAD AND EAST OF MAYHILL ROAD, 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 $10000 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 That the zoning classification and use designation of the following described property, to-wit All that certain 36 96 acre tract of land situated in the Gideon Walker Survey, Abstract 1330, in the County of Denton, Texas, and further being part of a 51 050 acre tract of land conveyed from Robert Bridewell to Waldrip Joint Venture by deed recorded in Volume 772, Page 296 of the Deed Records of Denton County, Texas, and being more particularly described as follows BEGINNING at a pin found for the Southeast corner of the said 51 050 acre tract, same point lying in the right-of-way of Paige Road, THENCE North 85°14'21" West 1,264 70 feet along the South boundary of the said 36 96 acre tract to a pin found for the Southwest corner of the said 36 96 acre tract, THENCE North 03°29'42" East 1,320 31 feet to a pin found for a corner, THENCE South 85°14'21" East 1,129 33 feet to a pin found for corner, THENCE South 07°59'46" East 355 27 feet to a pin found for angle point, THENCE South 02°04'27" East 497 33 feet to a pin found for angle point, THENCE South 02°21'48" West 315 27 feet to a pin found for angle point, THENCE South 165 27 feet to the POINT OF BEGINNING, and enclosing in all 36 96 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 Z-1737/FIELDS, EDWARDS & ASSOCIATES/PAGE 1 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 and restrictions shall be met and applied A A solid masonary wall, of a minimum height of six feet shall be constructed along and between the entire boundary of the designated neighborhood service area and zero lot line housing area and along the entire west boundary line of the designated multi-family area B No detached signs shall be permitted in the district C That portion of Paige Road extending from the southwest corner of the district to I-35E, snall be improved to provide a 24-foot wide paved street which conforms to the standards and specifications of the City D That the area designated for single family (SF-7) use shall be developed in accordance with the zoning regulation applicable to SF-7 zoning districts E That the area designated for zero lot line housing shall be developed in accordance with the zoning regulations applicable to SF-7 zoning districts, except that the lots may be of a minimum area of 5,000 square feet and the side yard setback requirements applicable to SF-7 zoning districts shall not apply SECTION III A That the City Council approves the comprehensive development plan for the areas designated as SF-7 and zero lot line housing as shown on the attached site plan, with the conditions and regulations herein stated B That prior to any development or construction within the areas designated on the attached site plan as neighborhood service and multifamily areas, a comprehensive site plan for those areas shall be submitted for approval in accordance with the procedures required for planned development districts The comprehensive site plans submitted for such areas shall meet the following requirements and conditions 1 A landscaping plan shall be submitted 2 The comprehensive site plan shall show a 25-foot front yard building setback and shall not contain any parking lots or spaces therein 3 The area designated as NS shall not contain any proposed uses inconsistent with the permitted uses listed in Section H, "Retail and Service Type Uses" of Article 7, Apendix B - Zoning 4 The area designated as MF-1 shall contain only those uses permitted in MF-1 zoning districts C That the approval of the district showing designated neighborhood service (NS) and multifamily (MF-1) areas on the attached site plan, shall not, and is not intended to be deemed as approval of such designated areas for any Z-1737/FIELDS, EDWARDS 6 ASSOCIATES/PAGE 2 particular land use, but shall be construed only to mean that uses allowed in neighborhood service (NS) and multifamily (Mb-1) zoning districts on the date such comprehensive site plan is submitted may be considered as possible appropriate uses for such designated areas at the time a comprehensive site plan is submitted therefore, 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 buildings, 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 Z-1737/FIELDS, EDWARDS & ASSOCIATES/PAGE 3 SECTION VIII 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 Ao~ y of 1985 Y 4ON,TEXAS EMU DEN ATTEST ~ILOT'T~N CITY 5 CR 'TARP CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DLNTON, TEXAS BY Z-1737/FIELDS, EDWARDS k ASSOCIATES/PAGE. 4 M ~ ` (I ~tw~w E Z ]i r ~ I 0~ EI ,~r=, ' ;i " ~ . e ~Y~. !8 r M r