1985-1541163L
NO -I3
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 60 38 ACRES OF LAND LOCATED NORTH AND EAST
OF EDWARDS 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 $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 Gideon
Walker Survey, Abstract 1330, Denton County, Texas, being part of
a (called) 61 67 acre tract described in a deed from 0 R Sullivan
to H B Rhine on January 5, 1943, recorded in Volume 297, Page
584, Deed Records of said County and being more fully described as
follows
BEGINNING at a steel pin at the Southeast corner of said 61 67
acre tract in Edward's Road, this corner being approximately North
10,450 feet and East 5,450 feet from the Southwest corner of said
Walker Survey,
THENCE N 86°08' W with the South line of said tract in Edward's
Road a distance of 1331 3 feet to a steel pin at a turn in said
road,
THENCE N 10022' W in Edward's Road a distance of 505 5 feet to a
steel pin on the West boundary line of said 61 67 acre tract and
on the West line of said road,
THENCE N 3°27' E with the West line of said tract and of said
Edward's Road along and near a fence a distance of 1357 8 feet to
a steel pin at the Northwest corner of said 61 67 acre tract,
THENCE S 86°53' E along and near a fence a distance of 1412 5
feet to a steel pin and fence corner at the Northeast corner of
said 61 67 acre tract,
THENCE S 2°14' W along and near a fence a distance of 1867 0
feet to the place of beginning and containing in all 60 383 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
Z-1742/TOMMY CORPORATION/PAGE 1
A The area designated for single family (SF-7) housing
shall be developed in accordance with the zoning
regulations applicable to SF-7 zoning districts
B 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
shall have a minimum area of 5,000 square feet, a minimum
width of 50 feet, a minimum depth of 100 feet and the
side yard setback requirements of the SF-7 zoning
district shall not apply
C Edwards Road, where it is adjacent to the south and west
boundary of the district shall be improved to provide a
24-foot wide street which conforms to the standards and
specifications of the City
SECTION III
A That the development of the district shall be in
substantial compliance with the site plan attached hereto
and made a part hereof, for the areas designated for
single-family (SF-7) and zero lot line housing
B That prior to any development in construction within the
areas designated on the attached site plan as multifamily
(MF-1), a comprehensive site plan for that area shall be
submitted for approval in accordance with the procedures
required for planned development districts The
comprehensive site plans submitted for that area shall
meet the following requirements and conditions
1 A landscaping plan shall be submitted
2 The comprehensive site plan shall not contain any uses
inconsistent with the uses permitted in MF-1 zoning
districts
3 The comprehensive site plan shall show a 25-foot front
yard and 10-foot side yard building setback and shall not
contain any parking lots, areas or spaces therein
C That the approval of the district showing a designated
multifamily (MF-1) area on the attached site plan, shall
not, and is not intended to, be deemed as approval of such
area for any particular land use, but shall be construed
to mean that multifamily (MF-1) use will be considered as
a possible appropriate use of the area so designated at
the time the comprehensive site plan for such area is
submitted, the approval thereof to be determined upon
consideration of such relevant factors, which may include,
but not be limited to the time elapsed from the
effective date of this ordinance to the date the
comprehensive site plan for such area is submitted, the
number of proposed dwelling units, the arrangement, design
of the buildings, streets, parking areas, utilities and
other development features, and the proposed regulations
to be applied to such area
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
Z-1742/TOMMY CORPORATION/PAGE 2
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
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 ~ day of 1985
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CIT OF NTON, TEXAS
ATTEST
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CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OE DENTON, TEXAS
BY nn A~
L-1742/TOMMY CORPORATION/PAGE 3
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