1985-1521133L
NO -04,
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 39 478 ACRES OF LAND LOCATED ON THE SOUTH
SIDE OF F M 426 (EAST MCKINNEY STREET), BEING APPROXIMATELY 2,000
FEET EAST OF MAYHILL ROAD, AS 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 PENALTY IN A MAXIMUM AMOUNT OF
$1,000.00 FOR VIOLATIONS THEREOF, 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
TRACT I All that certain tract or parcel of land situated in
Block A of the Morreau Forrest Survey, Abstract Number 417, Denton
County, Texas, the said tract being a part of the called 86 768
acre tract described in the deed from Henry S Miller Company to
R 0 McDonnell, et ux recorded in Volume 1200, Page 462 of the
Deed Records of Denton County, Texas, the said tract being more
particularly described as follows
BEGINNING for the most southerly southwest corner of the tract
being described herein, at a fence corner post for the most
southerly southwest corner of the said McDonnell Tract, same being
a re-entrant corner of the tract described in the deed from Felix
Callahan, et ux to Ann C Stark, et al recorded in Volume 1023,
Page 630 of the said Deed Records and being on the occupied south
line of the said M Forrest Survey and the north line of the
Gideon Walker Survey, Abstract Number 1330,
THENCE north 01°00'46" west with the west line of the McDonnell
Tract and along a fence a distance of 798 58 feet to a fence
corner post at a re-entrant corner of said tract,
THENCE north 88°07'49" west along a fence a distance of 158 15
feet to a fence corner post at the most westerly southwest corner
of the said McDonnell Tract, same being the southeast corner of
the tract described in the deed to Hershel Eugene Maughan, et ux
recorded in Volume 997, Page 777 of the said Deed Records,
THENCE northerly with the west line of the said McDonnell Tract
and along a wire fence the following 3 calls
1 north 01°00' 54" east a distance of 692 37 feet to an
apparent angle point,
2 north 00°14'47" west a distance of 321 99 feet to an
apparent angle point,
3 north 01°11' 58" west a distance of 294 35 feet to an
iron rod found at a fence corner on the south right of
way of F M 720, as occupied, for the northwest corner
of the said McDonnell Tract, the said iron rod being 3
feet northerly from another fence corner post,
Z-1725/PAGE 1
THENCE southeasterly with the southerly right of way of F M 720
and the northerly line of the McDonnell Tract the following 3
calls
1 south 86°18' 50" east a distance of 430 47 feet to an
iron rod set at an angle point in the said line and
being near an iron rail fence,
2 south 46°33'48" east along and near the said iron rail
fence a distance of 411 40 feet to a right of way
marker at an angle point in the said line,
3 south 63°44' 11" east along and near the said fence a
distance of 219 92 feet to an iron rod set for the
northeast corner of the herein described tract,
THENCE south 00°10'40" west, severing the said McDonnell Tract, a
distance of 887 64 feet to an iron rod set for an angle point in
this line,
THENCE south 01°00'46" west, continuing across the said McDonnell
Tract, and passing at 137 19 feet to an iron rod set for the
northwest corner of a certain Tract II of 0 334 of an acre, and
continuing along the same course, in all, a total distance of
798 58 feet to an iron rod set near an old wire fence on the south
line of the said McDonnell Tract, same being the south line of the
said M Forrest Survey, as occupied
THENCE north 89°30'13" west with the said south line of the
McDonnell Tract and along the general course of the said old wire
fence a distance of 812 67 feet to the place of beginning and
enclosing 39 478 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 shall be met
A a six (6') foot solid wood fence shall be erected
along the southern boundary of the general retail
section,
B That the area designated as Sections 2, 3 and 4 on
the attached site plan for two-family dwellings
shall be developed in accordance with the zoning
regulations applicable to two-family zoning
districts insofar as such regulations are not
inconsistent with the attached site plan for such
area and use
SECTION III
A That the City Council approves the comprehensive site plan
for the area designated as Sections 2, 3 and 4 on the
attached site plan for two-family dwellings with the
conditions and regulations herein stated
Z-1725/PAGE 2
That prior to any development or construction within the
area designated on the attached site plan for general
retail (GR), 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, and is not
intended to, 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, and approval thereof may be determined upon
consideration of such factors which may include, but not
be limited to the time elapsed from the effective date
of this ordinance and 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
That the development of the property shall be in substantial
compliance with the comprehensive site plan attached hereto or any
comprehensive site plan hereafter approved for any part of the
district and made a part hereof for all purposes
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 IV
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 V
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
Z-1725/PAGE 3
SECTION VI
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 TA-
PASSED AND APPROVED this the day of 1985
ATTEST
C L , CITY SECRETAKY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY b
. `"A'yy"
Z-1725/PAGE 4
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