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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 ($1,000 00) Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above Z-1725/PAGE 3 SECTION VI That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby di- rected to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage TA- PASSED AND APPROVED this the day of 1985 ATTEST C L , CITY SECRETAKY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY b . `"A'yy" Z-1725/PAGE 4 i ~ i / E I Om m 2 3 r N ~ cV \ ~ n i m ~ a ~ ' ~ 5 / o~ r, a 2 t 5 J ~ 1 I ~ 3 Q I S$ ~ } , !r c z ' ' f 6 R o 1 F ~ , t 1 1 i 3 1 t t 1 1 h t r I I ~ (p F ` I f I 1 I I f ~ S I 1 t F t 1 1 f I 1 (l ' t I , 1 1 I~ it II i I ~ Y 1 f 1 ~ I tr I ! i t t , s , s I ti f ' I i l II 1 ! f 1 I I , ~ 'I f 1 ' I 1 'Y I ( i t f I