1985-017980L
NO
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 DENrON, TEXAS BY ORDINANCE NO 69-1 AND AS SAID MAP
APPLIES TO 243 361 ACRES OF LAND LOCATED ON THE NORTH SIDE OF
INTERSTATE 35E APPROXIMATELY 1,800 FEET EAST OF LOOP 288, AND IS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND
MADE A PART HEREOF, TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICA-
TION 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 Part 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
Z-1703/HENRY S MILLER CO /PAGE 1
Heavy Machinery Sales and Storage
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
SECTION V
That the City Council of the City of Denton, Texas, hereby
findb 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 Counci
l of the
City of Denton,
Texas,
after giving due notice thereof
PASSED AND APPROVED this the
d day
of
J'G,
985
ACIOF D TON, TEXAS
ATTEST
CHARLU'ri't ALLEN, C
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
JOE D MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
BY ry
Z-1703/HENRY S MILLER CO /PAGE 2
LITIBIT "A"
ZONING LEGAL DESCRIPTION
TRACT 1
243 361 ACRE FROM "A" AGRICULTURAL TO
"PD - MF 2" PLANNED DEVELOPMENT MULTI-FAMILY,
"PD - O" PLANNED DEVELOPMENT OFFICE, AND
"PD - LI" PLANNED DEVELOPMENT LIGHT INDUSTRIAL
Being 243 361 acres of land situated in the M E P & P R R CO
SURVEY, Abstract Number 950, DANIEL LAMBERT SURVEY, Abstract
Number 784, J WHITE SURVEY, Abstract Number 1433, and the J S
TAFT SURVEY, Abstract Number 1256, Denton County, Texas, being
more particularly described by metes and bounds as follows
BEGINNING in the West right-of-way of the Missouri, Kansas and
Texas Railroad on the North line of said M E P & P R R
Survey at a point N 88° 26' 47" W, 178 69 feet from a
1/2" steel pin found by description being the Northeast
corner of said survey, said beginning corner being on the
approximate Northwest line of the Mayhill Road, and being
the Northeast corner of the 39 46 acre tract conveyed to
Henry S Miller Company, Trustee, by J V Woodford and
wife, Norma I Woodford, in deed dated July 14, 1969, and
recorded in volume 589, Page 73, of the Deed Records of
Denton County, Texas,
THENCE in a southwesterly direction with a fence and the
Northwest line of Mayhill Road for the following six calls
1
S
58"
22'
19"
W,
188
36
feet
to
a
fence
post,
2.
S
370
29'
59"
W,
184
33
feet
to
a
fence
post,
3
S
33"
13'
29"
W,
140
85
feet
to
a
fence
post,
4.
S
26°
05'
26"
W,
233
14
feet
to
a
fence
post,
5
S
150
01'
49"
W,
124
49
feet
to
a
fence
post,
6
S
140
41'
20"
W,
993
93
feet
to
a
right
-of-way post for
the Northeast
right-of-way of
Interstate
Highway 35-E,
THENCE in a Northwesterly direction with the right-of-way of
Interstate Highway 35E for the following ten calls
1 S 89° 31' 57" W, 72 21 feet to a right-of-way post,
2 N 490 54' 02" W, with a fence on the said right-of-way
803 28 feet to a right-of-way post,
3 N 530 32' 00" W, 94 00 feet to a 1/2" steel pin,
4 N 490 15' 55" W, with a fence on said right-of-way
511 58 feet to a fence corner for the most Westerly
corner of the said Woodford 39 46 acre tract, also being
in the South line of the 12 252 acre tract conveyed to
Henry S Miller Company, Trustee, by Thula Mae Carruth
and Leslie Gordon Carruth in deed dated December 5,
1969, and recorded in Volume 595, Page 343, Deed Records
of Denton County, Texas,
5 S 61" 58' 00" W, 44 66 feet with said South line of
said Carruth 12 252 acre tract to a 1/2" inch steel pin
and fence corner post,
6 N 490 57' 00" W, passing as 1228 60 feet to a 1/2" steel
pin and fence corner for the northwest corner of said
Carruth 12 252 acre tract and being in the North bound-
ary line of said M E P & P R R Cc Survey, Abstract
No 950, said corner also being the Southwest corner of
the Sullivan 66 847 acre tract in the Daniel Lambert
Survey, Abstract No 784, conveyed to Henry S Miller
Company, Trustee, by Mrs W C (Louis George) Sullivan,
et al, in deed dated July 8, 1969, recorded in Volume
588, Page 208, Deed Records of Denton County, Texas,
continuing in all 1372 32 feet to a 1/2" steel pin,
W&A #83-015
September 21, 1984
Z-1703/HENRY S MILLER/PAGE 3
7. N 510 04' 00" W, passing at 592 60 feet a steel fence
corner for the Northwest corner of said Sullivan 66 847
acre tract and the Southwest corner of the 4.570 tract
conveyed to Henry S. Miller, Trustee, by Carl M Haggard
and wife, Oleva LaNeu Haggard, in deed dated July 10,
1969, recorded in Volume 588, Page 303, Deed Records of
Denton County, Texas; passing at 1462 00 feet a fence
corner for the northwest corner of said Haggard 4 570
acre tract and the southwest corner of a 49 230 acre
tract conveyed to Henry S Miller Company, Trustee, by
Fred Woodell, in deed dated July 16, 1969, and recorded
in Volume 589, Page 415, Deed Records of Denton County,
Texas, continuing in all 2220 10 feet to a right-of-way
marker and the point of curvature of a Curve to the
Right whose radius is 11,309 20 feet, said point being
150 feet from and at right angles to the centerline of
IH 35E,
8. N 500 50' 44" W, a chord distance of 87 29 feet to a
1/2" steel pin for the Point of Tangency of said curve,
9 N 450 17' 00" W, 99 20 feet to a 1/2" steel pin for the
Point of Curvature of a Curve to the Right whose radius
is 11,299 20 feet, said point being 160 feet from and at
right angles to the centerline of IH 35E,
10 N 490 19' 31" W, a chord distance of 90 00 feet to a
1/2" steel pin for the Northeast corner of a 0 196 acre
tract conveyed to the State of Texas by J H Thomas,
et ux, in Cause No 5152 recorded in Volume 446, Page
383, Deed Records of Denton County, Texas,
THENCE N 290 30' 00" W, 179 28 feet with the East line of the
J H Thomas remainder to a 1/2" steel pin for the North
corner of said Thomas remainder, same being the Southwest
corner of a 67 62 acre tract conveyed as Part One to Henry
S. Miller Company, trustee, by Hubert A Hefner and wife
Dorothy A Hefner, in deed dated July 9, 1969, and recorded
in Volume 588, Page 36, Deed Records of Denton County,
Texas, said corner also being in the East line of a 2 594
acre tract conveyed to Denton-Post Oak Joint Venture by Jack
Arrington et ux, in deed dated June 14, 1983, and recorded
in Volume 1225, Page 995, Deed Records of Denton County,
Texas,
THENCE S 020 17' 57" W, 77 25 feet with the East line of said
Arrington 2.594 acre tract and the West line of said Thomas
remainder to a 1/2" iron rod in the East line of the Daniel
Lambert Survey, Abstract No 784, and in the Northeast
right-of-way line of IH 35E, being 160 feet from and at
right angles from the centerline of IH 35E,
THENCE Northwesterly with said Northeast right-of-way of IH 35E
the following four calls
1 Northwesterly with a Curve to the Right having a radius
of 11,299 20 feet, a chord bearing N 480 38' 31" W, a
distance of 74.21 feet to a 1/2" steel pin for the Point
of Tangency of said cure,
2 N 530 45' 40" W, 99 20 feet to a 1/2" steel pin for the
Point of Curvature of a Curve to the Right whose radius
is 11,309.20 feet, being 150 feet from and at right
angles from the centerline of IH 35E,
3 N 480 02' 53" W, a chord distance of 139 59 feet to a
1/2" steel pin for the point of Tangency of said curve,
page 2 of 3
W&A #83-015
September 21, 1984
Z-1703/HENRY S MILLER
4. N 470 41' 40" W, 136 70 feet to a 1/2" steel pan near a
fence corner for the west corner of said Arrington 2 594
acre tract,
THENCE N 49" 18' 36" E, 481.35 feet along and near a fence to a
1/2" steel pin for the North corner of said Arrington 2 594
acre tract, being in the West line of said Hefner 67 62 acre
tract and the East line of the said Lambert Survey, Abstract
No. 784, and the West line of the J White Survey, Abstract
No 1433,
THENCE N 02" 17' 55" E, 1318 35 feet to a fence corner for the
Northwest corner of the J White Survey, Abstract No 1433,
and the Northwest corner of said Hefner 67 62 acre tract,
THENCE 890 43' 29" E,
585 63 feet along the
North
line of
said White Survey
and said Hefner 67 62 acre
tract
to a 1/2"
steel pin in the
middle of an abandoned
road
for the
Southwest corner of a 1 532 acre tract in
the J
S Taft
Survey, Abstract
No 1256, conveyed to Henry S Miller
Company, Trustee,
by Roy Leon Bothwell et
al, as Second
Tract in deed dated July 14, 1969, and recorded
in Volume
589, Page 47, Deed
Records of Denton County,
Texas,
THENCE N 01" 02' 57" W, 398 78 feet with the West line of said
Bothwell 1 532 acre tract in the middle of said abondoned
road to a 1/2" steel pin on the Westerly right-of-way of the
Missouri, Kansas and Texas Railroad,
THENCE Southeasterly with the Southwest right-of-way of said
M.K T Railroad the following calls
1 S 41" 24' 15" E, 2153 68 feet to a Point of Curvature of
a Curve to the Left whose radius is 1960 17 feet and a
central angle is 21" 10' 39",
2 Southeasterly with said Curve an Arc distance of 724 52
feet to an iron pin near a fence corner for the North-
east corner of said Woodell 49 23 acre tract conveyed to
Henry S Miller Company, Trustee, by Fred Woodell in
deed dated July 16, 1969, and recorded in Volume 589,
Page 415, Deed Records of Denton County, Texas,
THENCE S 010 31' 10" W, 962 59 feet with the East line of said
Woodell 29 23 acre tract and along and near a fence to an
iron pin near a fence post for the Southeast corner of said
woodell 49 23 acre tract, being in the North line of said
Sullivan 66 847 acre tract situated in the Daniel Lambert
Survey, Abstract No 784 conveyed to Henry S Miller
Company, Trustee, by Mrs W C (Louie George) Sullivan et
al, in deed dated July 8, 1969, and recorded in Volume 588,
Page 208, Deed Records of Denton County, Texas,
THENCE N 88" 42' 35" E, 1757 59 feet with said North line of
said Sullivan 66 847 acre tract and said Lambert Survey and
along and near a fence to an iron rail near a fence corner,
for the Northeast corner of said Sullivan 66 847 acre tract,
THENCE S 00° 52' 35" W, 1098 97 feet with a fence to a 1/2"
steel pin for corner near a fence corner at the Southeast
corner of said Sullivan 66 847 acre tract and being in the
North line of said Woodford 39 460 acre tract conveyed to
Henry S Miller Company, Trustee, by J V Woodford and
wife, Norma I Wooodford, in Deed dated July 14, 1969,
recorded in Volume 589, Page 73, Deed Records of Denton
County, Texas, said line also being the South line of the
Daniel Lambert Survey, Abstract No 784, and the North line
of the M E P & P R R Co Survey, Abstract No 950,
THENCE S 880 26' 47" E, 639 11 feet along and near a fence with
the North line of said Woodford 39 460 acre tract to the
PLACE OF BEGINNING and containing 243 361 acres of land
Page 3 of 3
W&A #83-015
September 21, 1984
+l UOVJ/ 00 2I0'I 14 S XUMRH/£OLT-Z
WN
V
r~
r
zr
r a~~
t
It r Pl
~ S
n 2
~ T
a"
T
C
N
t ~ i {
IIp { a
l
c
lip 11 l
I Q
8 ~I a
J w 9
q, on
I ~ 9
T 1
Z I
mlo~~ a 8
r~IIM~I ~ . LII~~ ,ee ~
~~II 11~~' ~ n
L ~
I ~
I ~
oaoa
7 7 9 9
O O O O
0 O ;
r
I
ppp N
n
^Ae~ AfA m
C)
m
z
D
r
pm
O N V ~j
~q D D D D D
~t,~• 0 0 0 0 0
F
?ga 9
V>,
a~
n:
N
ff 1~~~
O
~v01
a
j
D
V
/ \\0,40