Loading...
1970-053 NO 7o 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 0F DENTON, TEXAS, BY ORDINANCE NO 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 30 ACRES OF LAND NORTH OF STATE HIGHWAY ?? AND EAST OF DONNA DELL ADDITION, IN THE CITY O? DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED BY PLAT INCORPORATED THEREIN, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I That the Zoning Map of the City of Denton, Texas, adopted January 14, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under the provisions of Ordinance No 69-1, be, and the same is hereby amended as follows Ail the hereinafter described property is hereby removed from the "A" Agricultural District as shown on said Zoning Map, and ~11 provisions of Ordinance No 69-1 adopted the 14th day of January, 1969, as amended, shall hereafter apply to the below described property as "PD" Planned Development District accord- ing to, and subject to, the conditions and requirements stated herein, and to the plat attached hereto and made a part hereof for all purposes, which property is described in two tracts as follows, to-wit TRACT I Ail that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, being a part of the Thomas Toby Survey, Abstract No 1288, and a part of the B B B & C R R Company Survey, Abstract No 186, and be- ing a part of a tract of land conveyed by John Porter to Don R Harrison by deed dated May 29, 1970, and recorded in Volume 603, Page 418 of the Deed Records of Denton County, Texas, and being more particularly described as follows BEGINNING at the northwest corner of said Harrison Tract, said point of beginning also being the northeast corner of the N H Meisenheimer Survey, Abstract No 810, and being in the west sur- vey line of the Thomas Toby Survey, Abstract No 1288, THENCE south 88° 02' east, along the north boundary line of said Harrison Tract, a distance of 824 00 feet to a point for a corner, THENCE south 2° 19' west, along the east boundary line of said Harrison Tract, a distanee of 1746 52 feet to a point for a corner, THENCE north 89° 18' west, a distance of 68 13 feet to a point for a corner in the north right of way line of State Highway 77, THENCE north 57° 00' west, along the north right of way line of State Highway 77, a distance of 870 19 feet to a point for a corner, THENCE north 1° 59' east, along the west boundary line of said Harrison Tract, and the west survey line of the Thomas Toby Sur- vey, Abstract No 1288, a distance of 1299 30 feet to the place of beginning and containing 29 02 acres of land, more or less and TRACT II Ail that certain lot, tract or parcel of land lying and being sit- uated in the City and County of Denton, State of Texas, being a part of the B B B & C R R Company Survey, Abstract No 186 and being a part of a tract of land conveyed by John Porter to Don R Harrison by deed dated May 29, 1970 and recorded in Volume 603, Page 418 of the Deed Records of Denton County, Texas, and being more particularly described as follows BEGINNING at the southeast corner of said Harrison Tract, said point of beginning lying in the north right of way line of State Highway 77, THENCE north 57° 00' west, along the north right of way line of State Highway 77, a distance of 79 19 feet to a point for a corner, THENCE south 89° 18' east, a distance of 68 13 feet to a point for a corner, THENCE south 2° 19' west, a distance of 42 33 feet to the place of beginning and containing 1441 5 square feet of land, more or less and being the same property described in metes and bounds on the attached plat The conditions and requirements are as follows 1 No building or other structure shall be constructed on any portion of the area shown on the attached plat until such por- tion has been finally platted according to the requirements of the Subdivision Regulations of the City, known as Appendix "A" to the Code of Ordinances, Articles 13 01 through 13 09, inclusive 2 The boundary lines shown on the attached plat designate land use areas only, and shall not be changed by any subdivision plat or replat unless this ordinance shall be amended accordingly 3 When a tract or parcel of the land described herein is finally platted or replatted, any and all additional rights of way and easements which are deemed necessary by the Planning and Zoning Commission shall be dedicated by the owners of the land the same as if the tract or parcel were being originally subdivided -2- 4 Each lot or tract shown on the attached plat shall be zoned to permit only the use or uses designated to apply within the delineated areas shown on the attached plat, and such uses shall be an intended by said Ordinance No 69-01, but same shall be conditioned and limited as stated herein, and on the attached plat, and the attached plat shall not be filed of record in the Plat or Deed Records of Denton County, Texas, except as a land use map along with this ordinance No building permits will be issued until a future subdivision or development plat has been properly approved and filed of record 5 Ail provisions of Ordinance No 69-1 (Zoning Ordinance) of the City of Denton shall apply to the property within the attach- ed plat to permit the zoning uses indicated thereon, by shading, color or otherwise, unless different uses are expressly stated thereon, or provided herein No other use than those permitted hereby shall be permitted within the areas designated on the attached plat, and the zoning district areas so defined shall not be changed except by amendment of this ordinance A platting or subdividing of any area shall not affect the uses permitted with- in the respective areas shown on the attached plat 6 Ail structures other than residential structures shall be built in conformance with the requirements of the second fire district as established and defined in Section 5-1 of the Code of Ordinances, and such structures shall be subject to the regulations pertaining to such second fire district, including amendments thereto The owners of the land described in the attached plat, for and in consideration of the granting by the City Council of this zoning classification on the said property, do hereby bind them- selves, their successors, executors, administrators and assigns to fully comply with all of the above described terms and conditions for the use of said land as long as this ordinance shall remain in effect, and the said owners understand that without full and complete compliance on their part with the sa~d terms and con- ditions the uses permitted herein and hereby would otherwise be prohibited under the Zoning Ordinance of the City of Denton, and in order to secure this amendment to the Zoning Map to make such use of the aforesaid land, do hereby covenant that they will fully and completely comply with the terms and conditions here- in mentioned, that this covenant shall run with the land, and shall be binding upon them, their heirs, successors, executors, admini- strators and assigns, that upon breach of this covenant this Planned Development District may, at the City Councils discretion, be made null and void and thereupon said property shall once more and immediately become subject to the regulations applicable to pro- perty in the "A" Agricultural District under the terms of the Zon- ing Ordinance of the City of Denton without any right on the part of the said owners, their heirs, successors, executors, administra- tors or assigns, to continue the development of said pren~ses as planned SECTION II, That the City Council of the City of Denton, Texas, hereby finds that such Planned Development District is in accordance with a comprehensive plan for the purpose of promoting the general wel- fare of the City of Denton, Texas, and with reasonable consideration, among other things, for the character of the land and for its pecu- liar suitability or peculiar uses and with a view to conserving the value of the homes and buildings in the vicinity, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton and its citizens SECTION III That this ordinance shall be in full force and effect immed- iately after its passage and approval, the required public hear- ings having heretofore been held by the Planning and Zoning Com- mission and the City Council of the City of Denton, Texas, after giving due notice thereof --4-- PASSED AND APPROVED this the 22nd day of December, A D 1970 A~,:~DER M FINLAY,/:~'Z~ MAYOR CITY OF DENTON, TEX~S/ ~' ATTEST B:S HO'LT, CITY SECRETAR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM //~yK OQF DBEA~g~: ~EITx~sATTORNEY CONDITIONS AND REQUIREMENTS ACCEPTED, this the ~ ~--~ day ~WNER -5-