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1983-140NOTE This ordinance has been amended by ordinance 96-005 See attached copy 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 16 6117 ACRES OF LAND OUT OF THE C POULLALIER SURVEY, ABSTRACT NO 1006, 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- lng described property, to-wit All that certain tract or parcel of land situated ~n the C Poullaller Survey, Abstract No 1006, Denton County, Texas, and being a part of a certain tract described ~n a deed from Johm M Avlnger, et al, to Henry S Miller Company on November 11, 1976, recorded ~n Volume 812, Page 235, Deed Records of Denton County, Texas, and being more fully described as follows COMMENCING at the southeast corner of the above mentioned tract at a steel pin in the middle of a north-south road, THENCE north 0°35'21'' east w~th the east boundary line of sa~d tract in the middle of said road a dlstance of 1071 24 feet to a steel pin at the place of beginning, THENCE north 89°16'45'' west a distance of 1313 46 feet to an iron pin, THENCE north 0°06'07'' east a distance of 246 59 feet to an iron pin at a fence post angle, THENCE north l°52'58'' east a distance of 327 95 feet to an iron pin, THENCE north 89°13'24'' east a distance of 783 04 feet to an iron pin, THENCE south 0°47'12" east a distance of 86 86 feet to an iron pin, THENCE north 89~12'48'' east a distance of 494 20 feet to an iron p~n on the west right-of-way of F M Road 2181, THENCE south 0~47'07'' with the west right-of-way of F M Road 2181 a distance of 139 60 feet to an iron pin, THENCE wlth the west right-of-way of F M Road 2181 around a curve to the left having a central angle of 10°30'03", a radius of 1223 83 feet, a chord length of 223 98 feet, an arc length of 224 296 feet to a steel pin, THENCE south 0°35'21'' west a distance of 159 12 feet to the point of beginning and containing 16 6117 acres of land is hereby changed from Single-Family "SF-10" District Classifi- cation 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 A slx foot (6') wood fence with brick pillars at each lot llne shall be erected along the north, west and south perimeter of the tract before twenty-five percent (25%) occupancy is achieved for Lots within the development at the developer's expense PAGE ONA 2 Total number of lots and dwelling units, lot sizes and set- backs shall conform with approved planned development (PD) concept plan, a total of forty-nine (49) structures and ninety-eight (98) dwelling units is approved 3 Plat approval shall constitute site plan approval for resi- dential section, specific site plan approval in addition to normal preliminary and final plat approval is required for office portion of development 4 Office use shall be limited to one (1) story in height and architecture shall be residential in character with one detached sign permitted on site 5 Unless expressly waived, varied or revised through planned development (PD) zoning, all normal City of Denton develop- ment standards, building codes and zoning ordinance requirements shall be applied to this development 6 If site is not developed within four (4) years, the zoning will revert to its previous single family (SF-10) 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 Classifi- cation 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 PASSED AND APPROVED this the ~'-day of December, 1983 ~ CItY OF ~ENTON, TEXAS ATTEST / LOTT~ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TEXAS PAGE TWO bentoaks or~ ORDIN CE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCES 83- 140 AND 87-054 BY APPROVING A DETAILED PI2~N FOR A 1 199 ACRE TRACT OF LAND WITHIN THE PLAN-NED DEVELOPMENT 65 (PD 65) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, LOCATED ON THE WEST SIDE OF FM2181 AT ITS INTERSECTION WITH BENT OAKS DRIVE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, AND PROVIDING FORAN EFFECTIVE DATE WHEREAS, Marvin Morgan has applied for an amendment to Planned Development District 65 (PD 65), established by Ordinances 83-140 and 87-054, and for approval of a detailed plan for a 1 199 acre tract of land located therein on the west side of FM2181 at its intersection with Bent Oaks drive, and WHEREAS, on December 13, 1995, the Planning and Zoning Commission recommended approval of the requested zoning amendment, and WHEREAS, the City Council finds that the zoning amendment will be in compliance with the Denton Development Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the detailed plan for a 1 199 acre tract of land described as Lots 1 and 37, Block 1 of the Bent Oaks Addition, located within Planned Development District 65 (PD 65), attached hereto and incorporated by reference here~n as Exhibit A, is hereby approved in accordance with Division 2 of Article IV of Chapter 35 of the Code of Ordinances SECTION II That the provisions of this ordinance govern and control over any conflicting provision of Ordinance Nos 83-140 and 87-054 ~ That a copy of this ordinance shall be attached to Ordinance Nos 83-140 and 87-054, showing the amendment herein approved ~ 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 ~ 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 ~ts passage PASSED AND APPROVED th~s~~ day of ~, 1996 JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY / / / / PAGE 2