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1984-029NO 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 78 112 ACRES OF LAND OUT OF THE BENJAMIN LEWIS SURVEY, ABSTRACT NO 769, AND THE JEREMIAH FISHER SURVEY, ABSTRACT NO 421, DENTON COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I The Zoning Classification and Use designation of the follow- ing described property, to-wit Being all that certain tract or parcel of land situated in the Benjamin Lewis Survey, Abstract No 769, and the Jeremiah Fisher Survey, Abstract No 421, Denton County, Texas, being part of a called 78 112 acre tract described in a deed from Henry S Miller Realty Trust to L R Herkimer on December 27, 1978, recorded in Volume 980, Page 889, Deed Records of said County, and being more particularly described as follows BEGINNING at an iron rod at a fence corner at the southeast corner of said Lewis Survey, and the southeast corner of said Herkimer Tract, THENCE north 88°49' west with the south line of said survey a distance of 603 5 feet to a steel post in concrete, THENCE north 1°49'42" east 981 81 feet to a steel post in concrete, THENCE north 88°43'52" west 387 89 feet to a steel post in concrete, THENCE south 14011'05" west 309 30 feet to a steel post in concrete, THENCE south 72°37' west a distance of 555 13 feet to an iron rod at the southeast corner of a 0 5 acre tract described in a deed from L R Herkimer to General Telephone Company of the Southwest on February 26, 1982, recorded in Volume 1130, Page 571, Deed Records, THENCE north 17°23' west a distance of 71 97 feet to an iron pin, THENCE south 72°37' west a distance of 313 16 feet to an iron rod on the east right of way of Farm Market Road 2181, THENCE north 33°43' west with said right of way 15 66 feet to a wood right of way post at the beginning of a curve, THENCE northwesterly with said right of way around a curve to the right having a central an%le of 14°12'54", a radius of 2805 1 feet, a chord of north 26 05'57" west 694 16 feet, and an arc length of 695 95 feet to a wood right of way post, THENCE north 18°51'15" west with said right of way 377 67 feet to a fence corner, Z-1634/WALTER H DeRONDE/PAGE 1 THENCE south 88°58' east with a fence 797 6 feet to an iron rod, THENCE north 1°46' east with a fence on the line between said Lewis and Fisher Surveys 803 6 feet to a fence corner, THENCE south 88°54'20" east with a fence 1568 9 feet to a fence corner on the east boundary line of said Lewis Survey, THENCE south 1°44'39" west with an old fence on said survey line 2265 50 feet to the place of beginning and containing in all 77 600 acres 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 Specific site plan approval is required for the office/retail, neighborhood service, medium density residential sections and the portion of the multi- family restricted directly north of the fourplex use 2 Final utility layout, street alignment, curb cut and driveway location and overall plans for access shall be determined during the site plan approval and/or plat processing stage, no driveways or curb cuts shall be permitted on FM 2181 3 A twenty-five (25) foot setback along the FM 2181 frontage for the office/retail and neighborhood service uses shall be required This area shall be landscaped and used as greenspace No parking shall be allowed in this area 4 There shall be a maximum height of two (2) stories for buildings in the office/retail and neighborhood service sections 5 There shall be a maximum of two (2) detached signs allowed in the office/retail and neighborhood service sections The height and location of these signs will be determined during site plan approval 6 No portable signs shall be allowed in any areas of this development 7 The proposed thirty (30) foot greenbelt shall be extended along the northern boundary of the medium density residential section to the first proposed collector street 8 An adequate screening device shall be constructed along the northern boundary of the medium density residential section between the proposed first and second collector streets 9 The development shall conform with the approved PD concept plan 10 Right-of-way consistent with Highway Department requirements and projections for future need shall be dedicated on the preliminary and final plat 11 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 Z-1634/WALTER H DeRONDE/PAGE 2 The Zoning Map of 14th day of January, Ordinances of the City 69-1, be, and the same District Classification and specifications SECTION II the City of Denton, Texas, adopted the 1969, as an Appendix to the Code of of Denton, Texas, under Ordinance No Ls hereby amended to show such change in and Use subject to the above conditions chat 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 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 March, 1984 i I D 0 STE , Y CI OF NTON, TEXAS ATTEST 4LTE~A CITY SECKETM CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TEXAS BY ? 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