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
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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
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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
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