1985-018979L
NO 2,~- l 8
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 AND AS SAID MAP
APPLIES TO 57 087 ACRES OF LAND LOCATED ON THE EAST SIDE OF LOOP
288, APPROXIMATELY 2,200 FEET NORTH OF INTERSTATE 35E, AND IS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A
PART HEREOF, 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, 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 applicable
to all or part of the property described as Exhibit "A" attached
hereto and made a art hereof for all purposes 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 in approving this planned development district ordinance,
the City Council hereby approves a preliminary site plan showing
the general proposed land uses within the district Prior to the
issuance of any building permit for development within the district
or part thereof, a comprehensive site plan shall be required to be
submitted and approved as part of this ordinance in accordance with
Article 11, Appendix B-Zoning, of the Code of Ordinances
SECTION III
That the development of the property shall be in substantial
compliance with the comprehensive site plan attached hereto and
made a part herein for all purposes
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 shall be met
1 The following land uses shall not be permitted in the approved
PD
Amusement, Commercial (outdoor), Drag Strip or Commercial Racing
Asphalt or Concrete Batching Plant (permanent)
Brick Kiln or Tile Plant
Dormitory, Boarding or Rooming House
Dump or Sanitary Fill Area
Cemetery or Mausoleum
Extraction and Sale of Sand, Caliche, Stone, Clay or Gravel
Fairgrounds or Exhibit Area
Go-Cart Track
Halfway House
Hatchery, Poultry
Hauling or Storage Company
Heavy Machinery Sales and Storage
Z-1704/RALPH COLLINS/PAGE 1
Home for Care of Alcoholic, Narcotic or Psychiatric Patients
Livestock Auction
Livestock Feeding Plant, Pens or Yards
Mining or Storage of Mining Wastes
Open Salvage Yard for Rags or Machinery, etc
Petroleum Collecting or Storage Facilities
Private Utility Shop or Storage Yard
Rodeo Grounds
Sand, Gravel or Earth Sales or Storage
Stable, Commercial Rental
Stable, Boarding
Stable, Private Club
Storage and Sales of Furniture or Appliances Outside a Building
Theater, Drive-In
Tire Re-Treading or Capping
Tool Rental
Trailer Camp or Mobile Home Park
Trailer Rental or Sales
Used Auto Parts Sales
There will be a six (6) foot solid fence between the Henry S
Miller property and the railroad track and between the Henry S
Miller property and the Mason Haggard property
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
That this ordinance shall be in full force and effect
immediately after its passage and approval, the required public
hearings having heretofore been held by the Planning and Zoning
Commission and the City Council of the City of Denton, Texas,
after giving due notice thereof
PASSED AND APPROVED this the day of gp 1985
CIT OF DE TON, TEXAS
ATTEST
qj9
42L_ 2
OTTE ALLEN-$- CITY SECKETAET
C
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
JOE D MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
BY w V
Z-1704/RALPH COLLINS/PAGE 2
ZONING DESCRIPTION
TRACT 2
57.087 ACRES FROM "A" AGRICULTURAL TO
"PD - MF 2" PLANNED DEVELOPMENT
MULTI-FAMILY AND "PD - LI" PLANNED
DEVELOPMENT LIGHT INDUSTRIAL
Being 57 087 acres of land lying in the J WHITE SURVEY, Abstract
No 1433, and the J S TAFT SURVEY, Abstract No 1256, Denton
County, Texas, and being Southeasterly of State Highway 288 and
Northeasterly of the Missouri, Kansas and Texas Railroad, being
Part Two of 29 39 acres situated in the J WHITE SURVEY, Abstract
No 1433, described in deed dated July 9, 1969, from Hubert A
Hefner and wife Dorothy A Heffner to Henry S Miller Company,
Trustee, recorded in Volume 588, Page 36, of the Deed Records of
Denton County, Texas, and also being the First Tract of 26 632
acres situated in the J S TAFT SURVEY, Abstract No 1256, de-
scribed in deed dated July 14, 1969, from Roy Leon Bothwell,
et al, to Henry S Miller Company, Trustee, recorded in
Volume 589, Page 47, of the Deed Records of Denton County, Texas,
being more particularly described as follows
BEGINNING at a fence corner by description being the Northeast
corner of the J WHITE SURVEY, Abstract No 1433 and the
Northeast corner of the H A Hefner 154 acre tract conveyed
to H A Hefner by deed dated December 26, 1917, from C F
Batis and E C. Batis and recorded in Volume 155, Page 393,
of the Deed Records of Denton County, Texas, said point also
being the Northeast corner of said Hefner 29 39 acre tract
THENCE S 020 22' 30" E, along the East boundary line of said
H A Hefner 154 acre tract and the said Hefner 29 39 acre
tract (fence along this line is very irregular) a distance
of 1564 39 feet to a 1/2" steel pin for the Southeast corner
of this tract, same being in the Northeasterly boundary line
of the Missouri, Kansas and Texas Railroad right-of-way,
same being the Northeasterly right-of-way line as set forth
in a certain instrument designated as "Relinquishment of
Right-of-Way" from Henry Owsley to the Dallas and Wichita
Railroad Company dated July 21, 1880, and recorded in
Volume 0, Page 67, of the Deed Records of Denton County,
Texas,
THENCE NORTHWESTERLY with the said Northeasterly right-of-way the
following two calls
1 Northwesterly along a Curve to the Right whose radius is
1860 17 feet, central angle 19" 43' 44" being 50 feet
from and parallel with the centerline of said railroad,
an arc distance of 640 52 feet to a point of tangency of
said curve,
2. N 410 24' 15" W, 2271 38 feet along the Southwest line of
the said Hefner 29 39 acre tract and the said Bothwell
26 632 acre tract to a 1/2" steel pin for corner in the
West line of said 26.632 acre tract,
THENCE N 01" 02' 57" W, with said West line 177 00 feet to the
Southerly right-of-way line of State Highway 288,
THENCE with the Southerly right-of-way line of State Highway 288
the following two calls
1 N 550 29' 40" E, 753 07 feet to right-of-way post,
2 N 600 06' 25" E, 344 05 feet to a steel post and fence
corner for the most Northerly Northeast corner of said
Bothwell 26 632 acre tract,
WsA #83-015
September 21, 1984
Z-1704/RALPH COLLINS/EXIIIBIT "A"/PAGE 3
THENCE S 00° 38' 03" E, 307.27 feet to a 1/2" steel pin and
fence corner,
THENCE N 89" 49' 45" E, 328.45 feet to a fence corner for the
most Southerly Northeast corner of said Bothwell 26 632 acre
tract
THENCE S 000 35' 32" E, with a fence 1019 12 feet to a fence
corner for the Southeast corner of said Bothwell 26 632 acre
tracts said corner being in the North line of said Hefner
29 39 acre tract,
THENCE N 89° 13' 42" E, with said North line of said Hefner 29 39
acre tract passing a 1-inch iron pipe at 200 00 feet by
description being the Southeast corner of a certain 86 8
acre tract deeded by Mrs Nora Whyburn to M M Smith on
February 12, 1944, and recorded in Volume 305, Page 285,
Deed Records of Denton County, Texas, continuing in all a
distance of 806 07 feet to the PLACE OF BEGINNING and
containing 57 087 acres of land
Page 2 of 2
W&A #83-015
September 21, 1984
Z-1704/RALPH COLLINS/EXHIBIT "A"
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