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1984-050NOTE Amended by 95-031 NOTE THIS ORDINANCE HAS BEEN AMENDED BY ORDINANCES NO 91-102 and 92-010 COPIES OF WHICH ARE ATTACHED NOTE THIS ORDINANCE HAS BEEN AMENDED BY ORDINANCE NO 93-092, A COPY OF WHICH IS ATTACHED NOTE Amended by 94-105 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 DENTON, TEXAS, BY ORDINANCE NO 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 127 484 ACRES OF LAND OUT OF THE B B B & C R R COMPANY SURVEY, ABSTRACT NO 186, DENTON COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION The Zoning Classification and Use designation of the following described property, to-wit TRACT 1 All that certain tract or parcel of land situated in the B B B & C R R Company Survey, Abstract No 186 in the City and County of Denton, Texas, the said tract being all of a called 100 695 acre tract and part of a called 40 891 acre tract, both tracts described in deed from J Newton Razor to Jesse Newton Razor, et al recorded in Volume 541, Page 654 and 655 of the Deed Records of Denton County, Texas, the said tract being more particularly described as follows BEGINNING for the northwest corner of the tract being described herein, at the northwest corner of the said 100 695 acre tract, said point being in the east right-of-way line of F M Highway No 2164 (North Locust Street) at its intersection with the north line of the said B B B & C R R Survey, northerly 26 3 feet from an iron rod found at a fence corner, THENCE south 89°28'26" east with the north line of the said 100 695 acre tract and the north line of the said B B B & C R R Cc Survey and a distance of 1401 66 feet to an iron rod set for the most northerly northeast corner of the said 100 695 acre tract, THENCE south 01°18'34" west with the west line of the said 100 695 acre tract a distance of 2558 55 feet to a fence corner, THENCE south 88°02'08" east along a fence a distance of 312 31 feet to an iron rod found at a fence corner for the most easterly northeast corner of the said 100 695 acre tract, THENCE south 01°01'00" west along an old fence line, passing at 497 feet the southeast corner of the said 100 695 acre tract and the northeast corner of the said 40 891 acre tract, and continuing along the same course, in all, a total distance of 1026 32 feet to an iron rod set for corner in the north line of Windsor Drive as monument on the ground, THENCE north 89°40'30" west with the said north line of Windsor Drive a distance of 1709 48 feet to an iron rod found in the east right-of-way line of F M 2164 (North Locust Street), THENCE north 00°23'00" east with the east right-of-way line of F M 2164 and the west line of the said 40 891 acre tract, passing at 565 its northwest corner, same being the southwest corner of the said 100 695 acre tract and continuing along the same course, in all a total distance of 1072 26 feet to an iron rod found at an angle point in the said line, THENCE north 01°28'46" east continuing with the east right-of-way line of F M 2164 and the west line of the said 100 695 acre tract Z-1626-JOE BELEW-PAGE ONE a distance of 2526 52 feet to the place of beginning and enclosing 123 352 acres of land TRACT 2 All that certain tract or parcel of land situated in the B BN-& C R R Company Survey, Abstract No 186 in the City and County of Denton, Texas, the said tract being a part of the called 40 891 acre tract described in the deed from J Newton Razor to Jesse Newton Razor, et al recorded in Volume 541, Page 655 of the Deed Records of Denton County, Texas, the said tract being more particularly described as follows BEGINNING for the southwest corner of the tract being described herein, at an iron rod set for the southwest corner of the said 40 891 acre tract, said point being in the east right-of-way line of F M Highway 2164 (North Locust Street), THENCE north 00°23'00" east with the east right-of-way line of F M 2164 and the west line of the said 40 891 acre tract a distance of 410 97 feet to an iron rod set in the south line of Windsor Drive as monumented on the ground, THENCE south 89°40'30" east with the south line of Windsor Drive a distance of 438 28 feet to an iron rod iound in the west line of the tract described in the deed from Jesse Newton Razor, et al to Denton Independent School District recorded in Volume 535, Page 558 of the said Deed Records, THENCE south 00°53'08" west with the west line of the said Denton Independent School District tract a distance of 413 71 feet to an iron rod found at an angle point in the south line of the said 40 891 acre tract, THENCE north 89°19'00" west with the south line of the said 40 891 acre tract and along a fence part of the way a distance of 434 65 feet to the place of beginning and enclosing 4 132 acres of land is hereby changed from Agricultural "A" District Classification Use to Planned Development "PD" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas with the following conditions and specifications 1 Sixty (60) feet of right-of-way shall be dedicated for Bell Avenue 2 Final utility layout, street alignment, curb cut and driveway locations, and overall plans for access shall be determined during the site plan approval and/or plat processing stage 3 The floodway/open space area (with exception of the drainage channel), landscaped cul-de-sacs and entries shall be privately maintained The City of Denton must review and approve a written proposal or agreement outlining specific maintenance responsibilities before building permits are issued 4 Duplexes fronting Windsor Drive shall be single story and must conform with normal City of Denton zoning ordinance requirements 5 Single family section shall conform to SF-7 zoning ordinance standards 6 Unless otherwise approved as part of the PD proposal, the multi-family section shall conform with MF-1 zoning ordinance standards 7 Specific site plan approval is waived for all two family and single family land use, specific site plan approval is Z-1626-JOE BELEW-PAGE TWO required for multi-family, neighborhood service and garden home sections 8 Pedestrian bridge extended across the floodway/open space by use of dam required for the detention pond 9 Sidewalks along both sides of Bell Avenue 10 Sidewalks constructed by developer along both sides of Windsor Drive, sidewalks along one side of all interior streets shall be required throughout the development 11 The development shall conform with the approved PD concept plan 12 If 25 percent of the development, with a minimum of 5 percent single family, is not developed within five (5) years, zoning will revert to its previous agricultural (A) classification 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, be, and the same is hereby amended to show such change in District Classifica- tion and Use subject to the above conditions and specifications SECTION II 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 III That this ordinance shall be in full force and effect immedi- ately 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 k PASSED AND APPROVED this the _LIL day of 1r14) , 1984 ATTEST 1~ LOT~~ALLEN, CITY SECRETARY C CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TEXAS BY Z-1626-JOE BELEW-PAGE THREE i I so L~ HERCULES s 125 JS ACRES IN THE BBB ACRR CO SURVEY CITY L COUNTY OF DENTON TEXAS SINGLE FAMILY k so ~ 0 ACRw 61a,,, r,wo Vo R ~~i i wr h F N u 0 J r I r~ .h FFLLOODWAY/OPEN SPACE 10 ACRES GARDEN HOMES ISINGLE-FAMILY ATTACHED) ♦ V ITS KVr 10 ltd' S ACRES MULTI-FAMILY 1o s~ui .a .u» aa.1 10 1 ACRES DUPLEX/4--PLEX ' /_7,1 001L 15 7 AC.-DUMM e 2 AC.I-71-PLQ .2`~ / /S r W t Tc i+e[ WINDSOR I- E SO-11 OG~50 RECEIVED I a 14 ACRES o e wpdocs\79101JU1y 10 1991 ORDINANCE NO g/ Q.Z. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE BOUNDARIES OF PLANNED DEVELOPMENT DISTRICT NO 72, AS ESTABLISHED BY ORDINANCE NO 84-50, BY DELETING 0 196 ACRES FROM THE DISTRICT, ADOPTING A REVISED CONCEPT PLAN SHOWING THE NEW DISTRICT BOUNDARIES, CHANGING THE ZONING ON THE EXCLUDED LAND FROM PLANNED DEVELOPMENT TO SINGLE FAMILY (SF-7), PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Section I of Ordinance No 84-50 1s amended to read as follows Section I The zoning classification and use desig- nation of the following described property, to-wit TRACT 1 All that certain tract or parcel of land sit- uated in the B B B & C R R Company Survey, Abstract No 186 in the City and County of Denton, Texas, the said tract being all of a called 100 695 acre tract and part of a called 40 891 acre tract, both tracts described in deed from J Newton Razor to Jesse Newton Razor, et al recorded in Volume 541, Page 654 and 655 of the Deed Records of Denton County, Texas, the said tract being more particularly described as follows BEGINNING for the northwest corner of the tract being described herein, at the northwest corner of the said 100 695 acre tract, said point being in the east right- of-way line of F M Highway No 2164 (North Locust Street) at its intersection with the north line of the said B B B & C R R Survey, northerly 26 3 feet from an iron rod found at a fence corner, THENCE south 89 2812611 east with the north line of the said 100 695 acre tract and the north line of the said B B B & C R R Cc Survey and a distance of 1401 66 feet to an iron rod set for the most northerly northeast corner of the said 100 695 acre tract, THENCE south 01 18134" west with the west line of the said 100 695 acre tract a distance of 2558 55 feet to a fence corner, THENCE south 88 0210811 east along a fence a distance of 312 31 feet to an iron rod found at a fence corner for the most easterly northeast corner of the said 100 695 acre tract, THENCE south 01 01100" west along an old fence line, passing at 497 feet the southeast corner of the said 100 695 acre tract and the northeast corner of the said 40 891 acre tract, and continuing along the same course, in all, a total distance of 1026 32 feet to an iron rod set for corner in the north line of Windsor Drive as monument on the ground, THENCE north 89 40130" west with the said north line of Windsor Drive a distance of 1709 48 feet to an iron rod found in the east right-of-way line of F M 2164 (North Locust Street), THENCE north 00 23'00" east with the east right-of-way line of F M 2164 and the west line of the said 40 891 acre tract, passing at 565 feet at its northwest corner, same being the southwest corner of the said 100 695 acre tract and continuing along the same course, in all, a total distance of 1072 26 feet to an iron rod found at an angle point in the said line, THENCE north 01 28146" east continuing with the east right-of-way line of F M 2164 and the west line of the said 100 695 acre tract a distance of 2526 52 feet to the place of beginning and enclosing 123 352 acres of land, SAVE AND EXCEPT all of Lots 6A and 6B, Block 1, Cooper Landing, Section Two an addition to the City of Denton, Texas, according to the replat recorded in Cabinet F, Page 18, Plat Records, Denton County, Texas TRACT 2 All that certain tract or parcel of land sit- uated in the B B B & C R R Company Survey, Abstract No 186 in the City and County of Denton, Texas, the said tract being a part of the called 40 891 acre tract des- cribed in the deed from J Newton Razor to Jesse Newton Razor, et al recorded in Volume 541, Page 655 of the Deed Records of Denton County, Texas, the said tract being more particularly described as follows BEGINNING for the southwest corner of the tract being described herein, at an iron rod set for the southwest corner of the said 40 891 acre tract, said point being in the east right-of-way line of F M Highway 2164 (North Locust Street), THENCE north 00 23100" east with the east right-of-way line of F M 2164 and the west line of the said 40 891 acre tract a distance of 410 97 feet to an iron rod set PAGE 2 in the south line of Windsor Drive as monumented on the ground, THENCE south 89 40130" east with the south line of Windsor Drive a distance of 438 28 feet to an iron rod found in the west line of the tract described in the deed from Jesse Newton Razor, et al to Denton Independent School District recorded in Volume 535, Page 558 of the said Deed Records, THENCE south 00 53'08" west with the west line of the said Denton Independent School District tract a distance of 413 71 feet to an iron rod found at an angle point in the south line of the said 40 891 acre tract, THENCE north 89 19100" west with the south line of the said 40 891 acre tract and along a fence part of the way a distance of 434 65 feet to the place of beginning and enclosing 4 132 acres of land, is hereby changed from Agricultural "A" District Classi- fication Use to Planned Development "PD" District Classi- fication and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas with the following condi- tions and specifications 1 The property shall be developed in accordance with the concept plan attached as Exhibit A, incorporated into this ordinance by reference A detailed plan shall be submitted and approved in accordance with the Code of Ordinances prior to development of any portion the district, except for those areas designated for two family and single family land uses 2 The floodway/open space area (with exception of the drainage channel), landscaped cul-de-sacs and entries shall be privately maintained The City of Denton must review and approve an executed agreement outlin- ing specific maintenance responsibilities before building permits are issued 3. Duplexes fronting upon Windsor Drive shall be single story 4. Areas designated for single family use shall conform to SF-7 zoning ordinance standards 5 The area designated for multi-family use shall conform to MF-1 zoning ordinance standards PAGE 3 SECTION II That the zoning district classification and use designation of Lots 6A and 6B, Block 1, Cooper Landing, Section Two an addition to the City of Denton, Texas, according to the replat recorded in Cabinet F, Page 18, Plat Records, Denton County, Texas, is changed from planned development to single-family (SF-7) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas SECTION III That the City's official zoning map is amended to show the change in zoning district classification SECTION IV That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION V That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the ~j day of 1991 BOB CASTLEBERRY, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPRO ED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY PAGE 4 1EXHIBIT A r N.ecuas I 21 w •I I EINGLE FAMILY i s tr mot. A V PD-qZ Y( \-,~,,FLOODWAY/OPEN SPACE \ 10 Ac... GARDEN HOMES: .IN.L.~fAA.LY AYTA4S) AO... 1 rM qY 1 •l~t 4 • e w y w a a MULTI-FAMILY DUPUW4-PLAX 14 1 1.... S00% f-g . 14 AOAQ _ - - ~.1ND.OM w o a w a e . w a. w u. m s w a w. ALL0010A NO 1, 0/O AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE APPROVAL OF A DETAILED PLAN FOR 4 116 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF WINDSOR DRIVE AND LOCUST STREET (F M 2164), BEING A PART OF PLANNED DEVELOPMENT DISTRICT NO 72; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, by Ordinance No 84-50, the City Council approved a planned development district (PD-72) for 127 acres of land located at the intersection of Windsor Drive and Locust Street (F M 2164), as more particularly described therein, and, WHEREAS, the Resolution Trust Corporation has applied for approval of a detailed plan for the district on 4 116 acres of land located at the southeast corner of the intersection of Windsor Drive and Locust Street (F M 2164) for the purpose of allowing for the construction of a Food Lion grocery store, and, WHEREAS, on January 8, 1992, after a public hearing, the Planning and Zoning Commission recommended approval of the detailed plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Exhibit B, attached to and incorporated into this ordinance by reference, is approved as the Detailed Plan for the 4 116 acres of land shown in Exhibit A, also attached to and incorporated into this ordinance by reference, in accordance with Article IV of Chapter 35 of the Code of ordinances The property shall be developed, used and maintained in accordance with the following conditions 1 A permanent fence shall be constructed around the detention pond prior to the issuance of a certificate of occupancy for any building on the property and shall thereafter be maintained in good repair and condition 2. A temporary fence shall be placed around the property during initial construction on the site 3. No deliveries shall be made to the property by the use of a commercial vehicle whose gross body weight, as defined in Chapter 18 of the Code of Ordinances, is more than 12,000 pounds, between the hours of 7 00 a m and 9 00 a m and between the hours of 2 30 p m and 4 00 p m SECTION II. That a copy of this ordinance shall be attached to Ordinance No 84-50, showing the detailed plan herein approved for a portion of the district therein established SECTION III That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION IV That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed 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 'q/(W day of Ad If ~A A '4XFW&d,U' 7r- , 1992 ATTEST. JENNIFER WALTERS, CITY SECRETARY BY Q APPROV AS O LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY EXHIBIT A LEGAL DESCRIPTION BEING a 4 116 acre tract of land in the BBB & CRR Co Survey, Abstract No 186, situated in the City of Denton, Denton County, Texas and being Tract III of those certain tracts described in deed recorded in Vol 2895, Pg 677 of the Deed Records of Denton County, Texas and being more particularly described as follows BEGINNING at a 1/2" iron pin set near a wooden R O W marker on the East right-of-way line of North Locust Street (F M 2164) (90' R O W said pin being on the North line of a tract conveyed to Eugene Blagg by deed recorded in Vol 319, Pg 358 of the Deed Records of Denton County, Texas, THENCE N 00°1731" E along said East right of way line, 410 98 feet to a 1/2" iron pin set in the South right-of-way line of Windsor Drive (80' R O W THENCE S 89°40'30" E along said South right-of-way line 436 89 feet to a 1/2" iron pin found in the West line of a tract conveyed to the Denton Independent School District by deed recorded in Vol. 535, Pg 558 of the Deed Records of Denton County, Texas, THENCE S 00°51'45" W along said West line, 413 76 feet to a 1/2" iron pin found in the North line of said Blagg tract, THENCE N 89°18'35" W along said North line, 432 78 feet to the POINT OF BEGINNING and containing 179,309 square feet or 4116 acres of land EXHIBIT B Detailed Plan for Retail Grocery Store 1 Development Information (1 page) 2 Site Plan with Development standards (1 page) 3 Landscape Plan (1 page) Development Information 1 Statement of Intent of owner To build and operate a retail grocery store 2 Relationship to the Mater Plan The plan complies with the Denton Development Plan 3 Permitted Uses The property may be used as a retail grocery store plans 4 Development Standards As shown on the site and landscape E \YPDOMORD\HERITAOE 0 ORDINANCE NO 3 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 84-50 RELATING TO PLANNED DEVELOPMENT (PD) NO 72 PLATTED AS COOPERS LANDING SECTION FOUR LOCATED NORTH OF WINDSOR DRIVE, EAST OF LOCUST STREET, AND GENERALLY SOUTHWEST OF BELL AVENUE BY CHANGING THE DESIGNATED USE OF DUPLEX/4-PLEX ON THE CONCEPT PLAN TO SINGLE-FAMILY RESIDENTIAL-DETACHED USE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Heritage Development Corp has requested an amendment to PD-72, established by Ordinance No 84-50 to allow the develop- ment of single-family residential-detached dwellings in lieu of duplex/4-plex use, and WHEREAS, on May 12, 1993, the Planning and Zoning Commission recommended approval of the requested amendment to PD-72, and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON ORDAINS SECTION I. That the Concept Plan relating to Planned Develop- ment (PD) No 72 (Ordinance No 84-50) be amended by changing the designated use of Duplex/4-plex for Lots 1-18, Block 1, Lots 1-11, Block 2, and Lots 1-21, Block 3 platted as Coopers Landing, Section 4, to Single-Family Residential-Detached uses SECTION II. That the portion of Condition No 7 to Ordinance No 84-50 relating to site plans is amended to substitute the terms "detailed plan" for "site plan" in such condition SECTION III. That this ordinance shall repeal any portion of Ordinance No. 84-50 in conflict herewith, but only insofar as the portion of ordinance No 84-50 shall be in conflict, and as to all other portions of Ordinance No 84-50 not in direct conflict here- with, this ordinance shall be and is hereby made cumulative SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION V. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the Lam. day of 1993 ATTEST JENNIFER WALTERS, CITY BY 16A 11 j Aa Q APP VED AS TO LEGAL FORM. DEBRA A DRAYOVITCH, CITY TORNEY A BY % 3<c v- PAGE 2 e \wpdocs\ord\cooprlan ord ORDINANCE NO -1 411OS AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A DETAIL PLAN FOR 14 461 ACRES OF LAND SITUATED WITHIN A PORTION OF PLANNED DEVELOPMENT NO 72 LOCATED NORTH AND EAST OF BELL AVENUE BETWEEN NORTH LOCUST STREET AND WINDSOR DRIVE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Heritage Land & Development, Inc has applied for an amendment to Planned Development (PD) No 72, as defined by Ordi- nance No 84-50, with respect to 14 461 acres located therein, and more particularly described in Exhibit A, authorizing development in a manner consistent with the detail plan attached as Exhibit B, and WHEREAS, on May 25, 1994 the Planning and Zoning Commission, after a public hearing, recommended approval of the requested changes, and WHEREAS, the City Council finds that the proposed amendments will be in compliance with the Denton Development Plan, NOW, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Ordinance No 84-50 (PD No 72), providing approval of a planned development zoning district classification and use designation for 127 484 acres of land, is hereby amended with respect to 14 461 acres located therein, more particularly described in the legal description attached hereto and incorporated herein as Exhibit A, by adopting the detail plan, attached hereto and incorporated herein as Exhibit B for all purposes SECTION II. That the provisions of this ordinance as they apply to the 14 461 acres described by Exhibit A govern and control over any conflicting provision of Ordinance No 84-50, but all the provisions of ordinance No 84-50 as they apply to that remaining portion of the PD zoning district classification and use designa- tion not herein amended, shall continue in force and effect and shall apply to the remainder of said district SECTION III. That a copy of this ordinance shall be attached to Ordinance No 84-50, showing the amendment herein approved SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION V. That this ordinance shall become effective fourteo (14) days from the date of its passage, and the City secretary is hereby directed 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 the4ap_' day of , 1994 ATTEST JENNIFER WALTERS, CITY SECRETARY BY I APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY c ~ BY • PAGE 2 Heritage Land and Development Company, Inc of Denton, Texas is the owner requesting a zoning change for all that certain tract of land situated in the H.B.B. & C R R Co. Survey, Abstract Number 186 in the City and County of Denton, Texas, the subject tract being part of a called 123 352 acre tract described in the Deed, from Jesse Newton Rayzor, et al, to Windsor Park Development as recorded in Volume 1342, Page 203 of the Deed Records of Denton County, Texas; the subject tract being more particularly described as follows* BEGINNING for the Southwest corner of Cooper Landing, Section Three, at an iron rod found in the North line of Windsor Drive right-of-way, being also in the east line of Bell Avenue right- of-woy and the South line of the said 123 352 acre tract, being also the same point as the southeast corner of COOPER LANDING, SECTION FOUR, THENCE northwesterly along the circular arc of a curve to the left forming the easterly right-of-way line of Bell Avenue, through a central angle of 88 Degrees 50 Minutes 53 Seconds, having a radius of 1,258.70 feet, an arc length of 1,951 86 feet, and a chord bearing North 44 Degrees 05 Minutes 47 Seconds West a distance of 1,762 09 feet, to a point in the north right-of-way of Bell Avenue, THENCE continuing along the north right-of-way of Bell Avenue North 88 Degrees 31 Minutes 14 Seconds West a distance of 334 85 feet to a point in the East right-of-way line of North Locust Street (F M 2164), said point being also the northwest corner of COOPER LANDING, SECTION FOUR, THENCE Northward along the east right-of-way of North Locust Street North 1 Degree 28 Minutes 58 Seconds East a distance of 408 11 feet, to a point in the east right-of-way line of North Locust Street, said point being also the southwest corner of LOT 1, BLOCK 1, COOPER GLEN, SECTION ONE, THENCE along the south line of said LOT 1, South 59 Degrees 35 Minutes 11 Seconds East a distance of 567 04 feet to an angle point, continued - THENCE continuing along the south line of said LOT 1, Degrees 39 Minutes 46 Seconds East a distance of 9232South 79 a Point in the west line of THE VILLAGE, PHASE TWO, said point rest to GLEN, being also the southeast corner of-LOT 1, BLOCK 1, COOPER SECTION ONE, ° THENCE Degree thenutesw3es7tSecondsline THE aIdListance or 193.34 South point for corner, to a THENCE South 88 Degrees 02 Minutes 08 Seconds East a distance off 312 31,feet to a point for corner, THENCE South 1 Degree 00 Minutes 58 Seconds West 1,026.31 feet to a point for the southeast corner of the tract being described herein, said point being also in the north right-of-way line of Windsor Drive, and being also the southwest corner of THE VILLAGE, PHASE FOUR, THENCE along the north right-of-way of Windsor Drive North 89 Degrees 40 Minutes 29 Seconds West a distance of 136 40 feet, to the POINT OF BEGINNING, enclosing 14 461 Acres of land, I I ' I I I I Cv 11 s 11 r Add B I~, I b ellea Thl Part o 11 ¢ ¢ ~ I 14 1 I I " o h Y N rM L utf 81 (FM 2I64) N OM YB68 E 100 II nw ~wrr~pWirw o.Mi,rOe. °0011 4 to K _ _ T~1 _ Y p* g r O 9 ~1 S E 2+4 U ° _ 4 ~ 4 a _ ~ tx` _ N M w\ 14 ~ ~ ° n 'g 3 Y~ °o m Bg~} ~ aN ~ 0 „ q q a ° r g, g j f W q q Ir r a o g s m v i~ l ~ N a x ° / + ~ M N S ° 'a 1 ~ I I x / S a ' N S ~ ~ ` Q y O S ~ - TI • ® T a I Y w O r t P~! J ~ y r / ~ S • I _ F s" a - R l ~ ` p ° 1 ~ ° _°J ~Ii 11/ ' b'k \ .1 P r p \ ~ I 1 ; I~ 0o "S'" 3 004 M v: C - Y IO w r C e ~ r m~ T AP L 0=m c° GGG A ~O o ° N y 1 fn N W 'el 0 M O N O m o i° ~ .A p M O ~ ~ r E o 3 D o , o m V m 6 H r u' 3 D _ ' z N G µ _ O J N m f l / I l ~R l A /l - i !Z 9 T 'yy p M ^ 1 T cooprla2 ord ORDINANCE NO 95'0 3 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CONDITION NUMBER 3 OF PLANNED DEVELOPMENT NO 72 (PD-72) AS DEFINED IN ORDINANCE 84-50, TO ASSUME RESPONSIBILITY OF THE FLOODWAY/OPEN SPACE AREA THEREIN LOCATED, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, The City of Denton, Texas has applied for an amendment to Planned Development No 72 (PD-72), as defined by Ordinance No 84-50, to amend condition 3 within said ordinance, by assuming responsibility for the floodway/open space area therein located, and WHEREAS, on January 25, 1995, the Planning and Zoning Commis- sion, after a public hearing, recommended approval of the requested changes, and WHEREAS, the City Council finds that the proposed amendments will be in compliance with the Denton Development Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SgCTION I That Ordinance No 84-50 (PD-72), providing appro- val of a planned development zoning district classification and use designation for 127 484 acres of land, is hereby amended with respect to condition 3 therein to read instead as follows 3 Landscaped cul-de-sacs and entries shall be private- ly maintained The City of Denton must review and approve a written proposal or agreement outlining specific maintenance responsibilities before build- ing permits are issued SECTION II. That the provisions of this ordinance govern and control over any conflicting provision of Ordinance No 84-50, but all the provisions of Ordinance No 84-50 as they apply to that remaining portion of the PD zoning district classification and use designation not herein amended, shall continue in force and effect and shall apply to the remainder of said district SECTION III. That a copy of this ordinance shall be attached to Ordinance No 84-50, showing the amendment herein approved SECTION IV That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION V That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be pub- lished 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 ~1 PASSED AND APPROVED this thl-&F day of 1995 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM MICHAEL A BUCEK, ACTING CITY ATTORNEY BY i-' PAGE 2 R m m S a d C! c m G m 0 Q 0 3 R S N ol Cy r. z 0 ~ p~ R G w P ~ C R ~ C w m ~S p ~ C R S tr' x m p R p R r R C Q m ~ ~ p"'C `t n Q d R r_ yam ~ ^~3 o . R p n ~ m m p a r t'rJ n v c ..7 7 C17 x Q Y ti s R e.. 0 0 x a z r 0 0 -1 m m w a z r -i r 0 m z z r r7n CrJ O HERE PASTE THE NOTICE BI i d. PUBLICATION CUT FROM PAPER IN THE MATTER OF THE n yM1~3 AFFIDAVIT OF PUBLISHER TO PUBLICATION OF LEGAL NOTICE I I i F ~I1 ihr day 19 BA Deputy s `Y = ~F w s _G