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1970-008 NO ?o -; ~ ORDIN~qliCE AMENDING TH~ ~ONING ~ O~ TEE CITY OP 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 ~O CERTAIN PROPERTY KNOWN AS CITY LOT 2 OF CITY BLOCK 135 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED BY PLAT INCORPORATED THEREIN, AND DE- CLARING~N EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS S~CTION 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 C~ty of Denton, Texas, under the provisions of Ordinance No 69-1, be, and the same is hereby amended as follows All the hereinafter described property is hereby removed from the "SF-7" Single Family Dlstrlct as shown on sa~d Zoning Map, and all provisions of Ordinance No 69-1 adopted the 14th day of January, 1969, as amended, shall hereafter apply to sa~d property as "PD" Planned Development D~str~ct according to, and sub3ect to, the below conditions and requirements, and to the plat attached hereto and made a part hereof for all purposes, and being generally described as all that certain lot, tract or parcel of land s~tuated ~n the City and County of Denton, Texas, known as City Lot 2 of Clty Block 135 as shown th~s date on the Tax Rolls and the Official Tax Map of the C~ty of Denton, Texas, and being the same property described in metes and bounds on the attached plat (located between Bell Avenue and North Locust Street), which con- d~t~ons and requirements are as follows 1 No building or other structure shall be constructed on or across ex~st~ng lot l~nes shown on the attached plat and on future replats, nor be closer than the front, sade and rear yard requirement stated in the Zoning Ordinance (Ordinance No 69-1) The term "Lot L~nes" as used ~n th~s ordinance shall mean the d~v~s~on l~nes of any shown lot or parcel of land whlch c~rcum- scribe an area w~thln the attached plat 2 Lot Lines shall be changed only by resubdlvld~ng or re- platting ~n the manner provided by the Subd~vlslon Regulations, in Article 13 03 of Appendix A to the Code of Ordinances 3 When a tract or parcel of land ~s resubdlv~ded or replatt- ed, any and all additional r~ghts of way and easements whlch are deemed necessary by the Planning and Zoning Commission shall be dedicated by the owners of the land the same as ~f the tract or parcel were being orlglnally s%%bdlv~ded 4 Each lot or tract shown on the attached plat shall be l~mlted to one structure only regardless of the use lndlcated on the plat, until same is further platted w~th~n the delineated areas shown on the attached plat, and each such plat shall show all pro- posed building sites, building set back l~nes from each street and abutting property, all utlllty, street, alley and access r~ghts of way, and drainage ways Upon the dedication to the Clty of all needed streets, alley ways or easements to serve same, and upon the completion of the paving of all streets abutting such property, and needed to gain access thereto, as may be required by the Plann- ing and Zoning Commission, such plat shall be filed of record in the Plat or Deed Records of Denton County, along with the general plat attached hereto upon ~ts approval by the Planning and Zoning Commission Bulld~ng permits will only be issued for those areas shown on the detailed plat as building areas w~th~n the set back l~nes 5 When a tract or parcel of land ~s resubdlv~ded or platted as described ~n the paragraph above, any and all additional r~ghts of way and easements required or deemed necessary by the Planning and Zoning Com~%sslon shall be dedicated by the owner as if the tract or parcel were being originally subdlv~ded 6 All provisions of Ordinance No 69-01 (Zoning Ordinance) of the C~ty of Denton shall apply to the property within the attached plat to permit the zoning uses ~nd~cated thereon, by shadlng or -2- otherwise, and no other restrictions than those found for each such use d~str~ct shall apply, except as provided here~n, or by deed res- traction, nor shall any other use than those permitted by the res- pectlve zoning d~str~ct be permitted w~th~n the areas so designated on the attached plat, and the zonlng dlstr~ct areas so defined shall not be changed except by amendment of this ordinance A platting or replatt~ng of any area shall not affect the uses permitted w~th~n the respective d~str~cts shown on the attached plat 7 Ail the streets, easements, alleys and r~ghts of way indicated on the attached plat have been properly dedicated, or are now being dedlcated, to the C~ty of Denton, and the same are hereby accepted by sa~d C~ty of Denton, and the same are hereby accepted by sald City for public purposes 8 Ail streets shall be paved as required by the Planning and Zoning Co.mission prior to the issuance of any building permit, and all paving shall be done accordlng to the specifications on f~le an the off~ce of Community Development, and under ~ts direct ~nspect~on and supervls~on The paving w~dth w~th~n the designated street rights of way shall be as required by the Dlrector of Community Development, provided that the usual standards for same be followed 9 Ail ordinances of the C~ty of Denton and laws of the State of Texas shall be complied with, and all regulations regarding the subdividing of property are hereby expressly made applicable hereto. lncludlng Appendix "A" to the Code of Ordinances 10 No building permit or certificate of occupancy wall be ~ssued until the pertinent conditions stated herein have been complied w~th 11 All structures other than residential structures shall be built ~n conformance w~th the requirements of the second fire d~str~ct as established and defined in Sectlon 5-1 of the Code of Ordinances and such structures shall be sub3ect to the regulations pertaining to such second f~re d~str~ot --3-- The owner of the land described in the attached plat, for and · n consideration of the granting by the C~ty Councll of th~s zoning classification on the sa~d property, does hereby b~nd itself, ~ts successors, executors, administrators and asslgns to fully comply w~th all of the above described terms and conditions for the use of sald land as long as th~s ordinance shall remain ~n effect, and the sa~d owner understands that w~thout full and complete compliance on its part w~th the sa~d terms and conditions the uses permitted herein and hereby would otherwlse be prohlb~ted under the Zonlng Ordinance of the C~ty of Denton, and ~n order to secure th~s amendment to the Zoning Map to make such use of the aforesald land, does hereby covenant that ~t will fully and completely comply with the terms and cond~tlons here~n mentioned, that thls aovenant shall run with the land, and shall be b~nd~ng upon ~tself, ~ts he~rs, successors, executors, ad- ministrators and assigns, that upon breach of th~s covenant this Planned Development D~strlct may, at the C~ty Councils d~scret~on, be made null and void and thereupon sa~d property shall once more and · mmed~ately become sub]eot to the regulations applicable to property in the "SF-7" S~ngle Family Zoning D~str~ct under the terms of the Zoning Ord~nanae of the City of Denton w~thout any r~ght on the part of ~tself, ~ts he,rs, successors, executors, administrators or assigns to continue the development of sa~d premises as planned SECTION II That the City Council of the City of Denton, Texas, hereby f~nds that such Planned Development Dlstr~ct ~s ~n accordance w~th a com- prehensive plan for the purpose of promotlng the general welfare of the C~ty of Denton, Texas, and w~th reasonable consideration, among other th~ngs, for the character of the land and for ~ts peculiar su~t- ab~llty o~ peculiar uses and with a v~ew to conserving the value of the homes and buildings ~n the v~c~n~ty, protecting human l~ves, and en- couraging the most approprlate uses of land for the maxlmum benefit to the City of Denton and ~ts oltlzens -4- SECTION III That this ordinance shall be ~n full force and effect ~mmedlately after ~ts passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the C~ty Council of the City of Denton, Texas, after g~vlng due not~ce thereof PASSED AND APPROVED thls the 24th day of February, A D 1970 L A NELSO'N~, ~AY~R ~ CITY OF DENTON, TEXAS ATTEST BRO0~S ~OLT, CITY SECRETARY CITYOF DENTON, TEXAS /~ITY OF DENTON, TEXAS -5-