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1982-020 NOTE Amended by Ordinance No 98-243 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINkNCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO 69-1, AND AS SAID MAP APPLIES TO A 100 FOOT BY 131 FOOT LOT LOCATED AT THE SOUTHEAST CORNER OF EAGLE DRIVE AND AVENUE D IN THE CITY OF DENTON, 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 following described property, to-wit All that certain lot, tract or parcel of land out of the Eugene Puchalskl Survey, Abstract No 996, in Denton County, Texas, described as follows BEGINNING at the intersection of the east line of Avenue D, with the south line of Mill Street in the City of Denton, Texas, THENCE south along the east line of Avenue D 100 feet for corner in said east line, THENCE east parallel with the south line of Mill Street 131 feet, more or less, for corner in the west line of Block A of the J S Williams Addition, THENCE north parallel with the east line of Avenue D 100 feet for corner in the south line of Mill Street the northwest corner of above addition, THENCE west along the south line of Mill Street 131 feet, more or less, to the place of beginning ~s hereby changed from Single-FamIly "SF-7" District Classification Use to Planned Development "PD" D~str~ct Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas, with the following sDeclflcatlons and conditions 1 Access will be provlded off Avenue D only, 2 A slx foot (6') solid wood fence will be erected along the east and south property lines, 3. A detailed s~te plan showing landscaping, access, parking and building dimensions as per C~t¥ of Denton standards shall be submitted for review and approval 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 Classification and Use SECTION II That the City Counoll 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 ~ts peculiar sultabillty or particular uses, and w~th a view to Z-1524-JAMES WILLIAMS-PAGE ONE 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 ~ts 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 C~ty of Denton, Texas, after giving due notice thereof PASSED AND APPROVED this the 23rd day of February, 1982 CIT~ OF DENTON, TEXAS ATTEST CH~RL{9~TE AL~.EN, C~Y- SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TEXAS Z-1524-JAMES WILLIAMS-PAGE TWO SITE PLAN CITY OF OFNTC) ~ SCHOELL, FIELDS & ASSOC, INC Z98 033 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, RESCINDING ORDINANCE 82-20 CREATING PLANNED DEVELOPMENT 37 (PD 37) ZON1NG DISTRICT CLASSIFICATION AND USE DESIGNATION, AND PROVIDING FOR A CHANGE FROM SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, TO ESTABLISH PLANNED DEVELOPMENT 167 (PD 167) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, CONTAINING 2 112 ACRES LOCATED ON THE SOUTH SIDE OF EAGLE DRIVE, THE WEST SIDE OF KENDOLPH DRIVE, THE NORTH SIDE OF WILSHIRE STREET AND THE NORTH SIDE OF THE SOON TO BE REALIGNED AVENUE D, PROVIDING FOR THE APPROVAL OF A DETAILED PLAN AND LANDSCAPE PLAN FOR SAID DISTRICT, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, B,II Ward, on behalf of the five (5) property owners, Un~vemty of North Texas, Jose Toledo, the Gore Fanuly Realty, ltd, the Nomule Family Partners and the MIRAI Corporation, has apphed for a change m zonmg for 2 112 acres of land from Planned Development 37 (PD-37) zomng dtstnct classification and use designation and Single Family 7 (SF-7) zoning d~stnct classification and use destgnat~on to Planned Development 167 (PD 167) zomng dlstr~ct classuqcatson and use des,gnatton, and the approval of a detmled plan and landscape plan for 2 112 acres located thereto, and WHEREAS, on July 22, 1998, the Planmng and Zoning Comnuss~on recommended approval of the requested change m zomng, and WHEREAS, on July 22, 1998, the Planning and Zomng Commlss,on recommended rescinding planned development 37 (PD-37) and approval of the detailed plan and landscape plan vath the condition that on-s~te v~s~tor park,rig spaces be ,ncluded, and WHEREAS, the C~ty Council finds that the change m zomng will be in comphance w~th the 1988 Denton Development Plan and the 1998 Denton Plan Pohc~es NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Ordinance 82-20, which created Planned Development 37 (PD 37), ~s hereby rescmded ~5_~C~_I_O__NAI That a copy oftlus ordinance shall be attached to Ordinance 82-20, showing that ~t has been resc,nded ~ Thatthezonmgdlstrlctdasslficatlonandusedes~gnatlonofthe2 ll2acre property described in the legal description attached hereto and incorporated hereto as Exh~btt A, ~s changed from Planned Development 37 (PD-37) zoning d~stnct clas~ficat~on and use designation and Single Fanuly 7 (SF-7) zomng district dass~ficat,on and use designation to Planned Development 167 (PD 167) zomng dtstnct clamficatton and use des~nat~on under the comprehensive zomng ordinance of the City of Dnnton, Texas by approving the detmled plan which ,s attached hereto as Exiub~t "B" and incorporated herein and subject to the following condition 1 That as part of the platting process for PD-167 that a crosswalk be Included at the intersection of Kendolph and Eagle Drive SECTION IV That a landscape plan attached as Exhibit ' C" and Incorporated herem, for the 2 112 acres comprising Planned Development 167 (PD 167) zoning district described by ExlubJt A, is hereby approved SECTION V That the C~ty's officml zomng map is amended to show the change in zoning district classification SECTION V That any person v~olatlng any provlsmn of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance ~s violated shall constitute a separate and dtstlnct offense ~ That this ordinance shall become effective fourteen (14) days from the date of its passage, and the Cay Secretary Is hereby directed to cause the caption of this ordinance to be published twice m the Denton Record-Chronicle, a dally newspaper pubhshed in the C~ty of Denton, Texas, w~thm ten (10) days of the date of ItS passage PASSED AND APPROVED thls the--/~9~' day of ~ , 1998 0 JAC~f.~LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY F ~shar ed~dept'Z~3L\Our Documonts~xlmancea~ 8~Z 98 033 Onl~nance doe PAGE 2 EXHIBIT PROPERTY DESCRIPRON 2 112 acre tract of land situated In the ~ Puchalekl Survey Abstract No 996 Denton County Texas and being a portion of Lot 1, and all of Lots 2-~. Block A d S Williams Addition to the City of Denton Ocoordlng to the plat recorded In Volume 345, Page 436 Plat Records Denton County Texas, said 2 112 acre tract being a portion of o certain tract of land described by deed to J Rafoel Toledo and recorded in Volume 1130, Page 967 Deed Records Denton County Texas being oil of two certain tracts of land described by deeds to Joss Rafacl Toledo and recorded in Volume 1135 Page 76 sold deed records and %o Harold R Oars and Betty G Gore and recorded In Instrument No 97-60223, being a portion of three certain tracts of land ae described by deeds to the State of Texas for the usa and benefit of North Texas Stale University and recorded In Volume 909 Page 867 Volume 1841, Page 890 end Voume g06 Page 177 Deed Records Denton County Texas bslng a porhon of Avenue D and said 2 112 acre tract of land being more porticu orly described by metes and bounds as follows Beginning at 0.5/8" Iron pin get ~n the west right-of-way line of Kendolph Drive and said point bears South 030758 East a distance of 1500 feet 1rom [he northeast corner of said Lot 1 Block A and sold northeast corner being In the south right-of-way line of Eagle Drive, ~l~ence South 030758" East along said west right-of-way hne of Kendolph Drive a d~stance of 310 36 feet to a 3/8" iron pin found ct the southeast corner of sald Lot 4, Block A and said point also being in the north right-of-way line of Wilehire Lane, Thence South 86 29 54" West along sold north right-of-way line of Wd~hire Lane and clang the south property line of said Lot 4 a distance of 133 25 feet to a 3/8' iron pin found ct the southwest corner of sold Lot 4, said Iron pin also being the southeast corner of a certain tract of land described by deed to Core Family Partners LTD and recorded in Instrument No 93-56700 ea~d deed records Thence North 0307'55' wast, leaving sold north right-of-way h.ns and clang corl~mott lines of said Lot 4 and said Gore tracts a distance of 104 85 feet 1/2 iron pin found at the northeast corner of said Gore tract, Thence South 870137" West, o distance of, 185 42 feet to a 5/.8 Ir.on p~.n set In the proposed new easterly rlght-of-way Ilne of Avenue D (80 public rlght-of-way/ cna sm.o. point belng in a curve to the left whose radius le 34000 feet and long chordbeare North 463215 West 15557 feet Thence along said easterly right-of-way line and along sold curve in o northwesterly direction through a central angle of 2626'59" cn arc length of 156 gB feet to a 5/8" iron p~n set Thence North 59 4.5'44" West, oontlnulng clang sold easterly rlght-ot'-way hne a distance of 34 89 feet to o 5 8" Iron pin set at the Intersectlon of ea~d easter y r ght-of-woy line Avenue D and proposed nte/J southerly right-of-way hne of Eagle Drive and sa~d point, also being In a curve to the right whose radius le 20000 feat and long chord bears North 63.~049 East 15675 feet Thence along sold southerly right-of-way llne and clang said curve in o northeasterly direcUon through a central angle of 480857" an arc length of 161 07 feet to o P-K nail set, Thence North 863511" East a d~stonce of 755 feet to o P-K nail set Thence North 03~1°12" West o dlstance of 1000 feet to o P-K nail set, Thence North 86.~5~11" East 15 O0 feet parallel with the south right-of-way line of Eagle Drive a distance of 50328 feet to the Point of Beginning and containing 92 355 square feet or 2112 ceres of land OATE JULY 6 1998 EXHIBIT A SCALE 1'" 100' N 03'21'12" W N 86 E D=46 08'37" R=200 O0 L=161 07 L C =N{ EkGLE DBIYE 1,5 POIh'T OF BEGI~G L= 156 96 ~ .. L C 155 o 133 /S IE~ PIN Y~NO ~HI~E ~E DATE ~,JkY 6 1998