1985-1591174L
NO S6~
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS,
AS SAID MAP APPLIES TO APPROXIMATELY 11 ACRES OF LAND, TO PROVIDE
FOR A CHANGE IN ZONING DISTRICT CLASSIFICATION AND USE FROM
AGRICULTURAL ("A") TO PLANNED DEVELOPMENT ("PD), REPEALING PLANNED
DEVELOPMENT DISTRICT ZONING ORDINANCES NOS 83-62 AND 83-92 AS
SAID ORDINANCES APPLY TO APPROXIMATELY 6 2 AND 11 5 ACRES OF LAND,
RESPECTIVELY, ENACTING A NEW PLANNED DEVELOPMENT DISTRICT FOR ALL
SAID PROPERTY, BEING LOCATED NORTH OF ROBINSON ROAD AND EAST OF
LAKEWOOD ESTATES, AND BEING APPROXIMATELY 29 2 ACRES, AS MORE
FULLY DESCRIBED HEREIN, PROVIDING FOR A MAXIMUM PENALTY OF
$1,000 00 FOR VIOLATION 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
Being a 11 452 acre tract of land situated in the STEPHEN HEMBRIE
SURVEY, ABSTRACT 643, in Denton County, Texas, said tract being
all of a tract of land conveyed by deed to Manning-Knight as
recorded in Volume 1393, Page 903, Deed Records of Denton County,
Texas, and being more particularly described as follows
BEGINNING at an iron pin found for the Northeast corner of said
11 452 acre tract, said pin being 1 0 feet south of a wire fence,
THENCE South 00°10'28" East 1520 31 feet to a 5 foot concrete post
found for corner on the north line of Robinson Road,
THENCE North 89°03'44" West with said north line a distance of
174 77 feet to an iron pin found for corner,
THENCE North 599 39 feet to an iron pin found for corner,
THENCE North 89°05'22" West 264 94 feet to an iron pin found for
corner,
THENCE North 00°24'55" West 874 35 feet to an iron pin found for
corner in a wire fence line,
THENCE North 84°52'59" East 443 13 feet to the POINT OF BEGINNING,
and containing 498,844 square teet or 11 452 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 the existing planned development district ordinances Nos
83-62 (PD-54) and 83-93 (PD-61) applicable to all or part of the
property described as follows
Z-1758/R J BUTTON/PAGE 1
All that certain tract or parcel of land situated in the S
Hembrie Survey, Abstract No 643, Denton County, Texas, being a
part of a (called) 30 50 acre tract described in a deed from J
Kimbrough to J P Johnson on the 12th day of May, 1954 and
recorded in Volume 392, Page 630, Deed Records of said County and
being more fully described as follows
Tract I
COMMENCING at the Southwest corner of said 30 50 acre tract on the
South line of said survey in a road,
THENCE North a distance of 40 75 feet to a 6-inch steel corner
post for point of beginning,
THENCE North along and near a fence a distance of 1423 15 feet to
an iron pin in a fence line,
THENCE North 84°12'07" E along and near said fence a distance of
425 42 feet to an iron pin,
THENCE S 00°12'18" E leaving said fence a distance of 875 15
feet to an iron pin,
THENCE N 88°53'09" W a distance o£ 189 60 feet to an iron pin,
THENCE S 00°13'56" W a distance of 599 46 feet to an iron pin in
an East-West fence,
THENCE N 88°49'46" W along and near a fence and along the North
right-of-way line of a road a distance of 234 43 feet to the point
of beginning and containing in all 11 527 acres of land, more or
less
TRACT II
COMMENCING at the Southwest corner of said 30 50 acre tract in the
South line of said survey in a road,
THENCE North a distance of 40 75 feet to a steel corner post,
THENCE S 88°49'46" E with the North right-of-way of said road a
distance of 234 43 feet to a steel pin for the place of beginning,
THENCE N 00°13'56" E a distance of 599 46 feet to a steel pin,
THENCE S 88°53'09" E past a steel pin at 189 62 feet and
continuing in all a distance of 455 07 feet to a steel pin,
THENCE S 00°13'56" W a distance of 599 92 feet to a steel pin in
a fence,
THENCE N 88°49'46" W along and near said fence a distance of
455 08 feet to the place of beginning and containing in all 6 264
acres of land, more are less,
are hereby repealed
SECTION III
That there is hereby enacted a new planned development zoning
district for all of the property described in Sections I and II,
said descriptions being incorporated herein by reference, the use
Z-1758/R J BUTTON/PAGE 2
and development of said property to be governed by, and to be in
accordance with, the provisions of this ordinance
SECTION IV
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 A solid masonary and wood wall, of a minimum height of six
feet, shall be constructed along the entire western
boundary of the district
B A solid masonary and wood wall, of a minimum height of six
feet, or a living fence, shall be constructed or installed
between the boundary of the areas designated as general
retail and two-family (2-F) uses
C No detached signs shall be permitted in the district
D That the area designated as two-family (2-F) use shall be
developed in accordance with the zoning regulations
applicable to the two-family (2-F) zoning districts and
shall be limited to two-family dwellings
E That the area designated as four-plex use shall be
developed in accordance with the zoning regulations
applicable to MF-R zoning districts and shall be limited to
buildings containing no more than four dwelling units
SECTION V
A That the City Council approves the 2-F comprehensive
development plan for the areas designated as 2-F and four-
plex housing as shown on the attached site plan, with the
conditions and regulations herein stated
B That prior to my development or construction within the
areas designated on the attached site plan as general
retail, a comprehensive site or final development plan for
that area shall be submitted for approval in accordance
with the procedures required for planned development
districts The plan submitted for such area shall meet the
following requirements and conditions
1 A landscaping plan shall be submitted
2 The 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 "general retail" shall not
contain any proposed uses inconsistent with the permitted
uses listed in Section H, "Retail and Service Type Uses" of
Article 7, Appendix B - Zoning of the Code of Ordinances of
the City of Denton
4 No vehicular access shall be permitted to the
designated general retail area from Robinson Road
C That the approval of the district showing a designated
general retail area on the attached site plan, shall not,
and is not intended to be deemed as approval of such
designated area for any particular land use, but shall be
construed only to mean that uses allowed in general retail
Z-1758/R J BUTTON/PAGE 3
zoning districts on the date such comprehensive site plan
is submitted, may be considered as possible appropriate
uses for such designated area The actual land uses to be
allowed shall be determined 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 plan for
the area is submitted, the number of proposed buildings and
type of 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 VI
That the development and use of the property shall be in
substantial compliance with the final comprehensive site plan
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 purposes, and the regulations, conditions, and
provisions herein contained
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, is
hereby amended to show such change in District Classification and
Use subject to the above conditions and specifications
SECTION VII
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 VIII
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 IX
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-1758/R J BUTTON/PAGE 4
SECTION X
That
from the
directed
twice in
the City
passage
this ordinance shall become effective fourteen (14) days
date of its passage, and the City Secretary is hereby
to cause the caption of this ordinance to be published
the Denton Record-Chronicle, the official newspaper of
of Denton, Texas, within ten (10) days of the date of its
PASSED AND APPROVED
1985
ATTEST
this the &
CHARLOTTE ALT No CITY SELAXTAM
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
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Z-1758/R J BUTTON/PAGE 5
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