HomeMy WebLinkAbout1999-318\\CH LGL\VOLi\shared\dept\LGL\Our Documents\Ordinances\99\Z 99 050 doc
ORDINANCE NO 9q 3 /,0
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 99-
317 TO PROVIDE FOR THE APPROVAL OF A DETAILED PLAN CONTAINING 264 72
ACRES WITHIN THE AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 139
(PD-139) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION LOCATED
BETWEEN BONNIE BRAE ROAD AND INTERSTATE 35W AT FM 2449 (PONDER ROAD),
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR
VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-050)
WHEREAS, on August 17, 1991, the City Council approved an amended concept plan for
Planned Development 139 (PD-139) Zoning District encompassing 40123 acres of landed, as more
particularly described therein, and
WHEREAS, Denton/CJW Partners, LTD, has applied for a detailed plan for Planned
Development 139 (PD-139) containing 253 15 acres of land, and
WHEREAS, on August 11, 1999, the Planning and Zoning Commission recommended
approval of the detailed plan, and
WHEREAS, the City Council finds that the detailed plan will be in compliance with the
amended concept plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the Detailed Plan attached hereto and incorporated herein by reference
as Exhibit "B" for 264 72 acres located within PD-139, and more particularly described in Exhibit
"A", which is attached hereto and incorporated herein by reference, is hereby approved subject to
the following conditions
A Access to Bonme Brae including construction access will not be permitted until such
time that Bonnie Brae on either side of Ponder Road is either closed, or substantially
improved to include City of Denton standard pavement section and 100 year bridge
improvements
B No development other than the single family detached and one convenience store
may occur until the Interchange at I-35 and Ponder Road is reconstructed as a standard
diamond configuration, or Ponder Road is extended to Hwy 377 and Ponder Road
through the development is constructed with 2 lanes in each direction
C That 75% of the building exterior, except doors and windows, be constructed of brick
or stone
SECTION 22 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
\\CH LGL\VOLI\shamd\dept\LGL\Our Documents\0rdmsnces\99\Z 99-050 doc
SECTION 3 That the provisions of this ordinance, as they apply to the 253 15 acres
described by Exhibit A, govern and control over any conflicting provisions of ordinances relating
to PD-139, as they relate to subject property, but all the provisions of said ordinances relating to PD-
139 as they apply to the remainder of the planned development district not herein amended shall
continue in force and effect and shall apply to the remainder of said district
SECTION 4 That a copy of this ordinance shall be attached to PD-139, showing the
amendment herein approved
SECTION 5 That this ordinance shall become effective fourteen (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-Chromcle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its pas sa e
r�-
PASSED AND APPROVED this the / -- day of/J/1�� , 1999
JAC LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2
09/02/99 08 49 FAX 9174606682 R L Bob Scott PE __ _ _w,10002
EXHIBIT "A"
BEING a tract of land out of the James Edmonson Survey, Abstract No 401, the James
L Harris Survey, Abstract No 555 and the S A Pritchett Survey, Abstract No 1021
Denton County, Texas, and being a part ofParc el No 1 described in deed to Southwest
Denton Joint Verdure recorded in Clerks Document No 094865 of the Denton County,
Deed Records and being more particularly described as follows
BEGINNING at a point in the East line of the said James Edmonson Survey in the middle
of a County Road for the Southeast corner, said point being N00"08'E 548 69 feet from
the Southeast corner ofthe said James Edmonson Survey,
THENCE N89052' W 50 00 feet to a point for a corner,
THENCE N65038'51 "W 255 84 feet to a point, said point also being the beginning of a
curve to the right whose chord bears N43054' 16"W 463 06 feet with a central angle of
43*29' 11" and a radius of 625 00 feet,
THENCE in a Northwesterly direction, with said curve to the right, 474 36 feet to a point,
THENCE N22009'4TV 103.25 feet to a point, said point also being the beginning of a
curve to the left whose chord bears N57" 18'48"W 43191 feet with a central angle of
70°18'14" and a radius of 375 00 feet,
THENCE in a Northwesterly direction, with said curve to the left, 460 14 feet to a point,
THENCE S87032105"W 635 80 feat to a point, said, point also being the beginning of a
curve to the left whose chord bears S75058'39"W 350 61 Seet with a central angle of
23'06'53" and a radius of 875 00 feet,
THENCE in a Westerly direction, with said curve to the left, 353.00 feet to a point,
THENCE S64025' 12"W 279 83 Poet to a point, said point also being the beginning of a
curve to the right whose chord bears N81935'45"W 419 22 feet with a central angle of
67"58'04" and a radius of 375.00 feet,
THENCE in a Westerly direction, with said curve to the right, 444 85 feet to a point for a
corner in the common line of said Edmonson and Pritchett Surveys,
THENCE N00933-E 1,988.36 feet to a point for a corner,
THENCE M9052' W 53 62 feet to a point, said point also being the beginning of a curve
to the right whose chord bears N76010'00"W 502 10 feet with a central angle of
27°24'00" and a radius of 1,060 00 feet;
THENCE in a Westerly direction, with said curve to the right, 506 91 feet to a point,
THENCE N6202810011W 595 05 feet to a pout in the Easterly line of a 42 526 acres tract
described in the dead to the State of Texas for highway right-of-way recorded in Volume
529, Page 538 of the Deed Records of Denton County, Texas,
THENCE N17037'00"W, along the Easterly line of the said State of Texas tract 17015
feet to a point for a corner;
09/02/99 08 49 FAX 8174608082 R L Bob Scott PE
191003
THENCE S62*28'00"E, leaving the said Easterly right-of-way of the said State of Texas
tract of land, 715 68 feet to a point, said point also being the beginning of a curve to the
left whose chord bears S74°17'09'E 385.07 feet with a central angle of 23038'1 T' and a
radius of 940 00 feet,
THENCE in an Easterly direction, with said curve to the left, 387 81 feet to a point for a
corner;
THENCE N19°24'52"W 494 31 Seat to a point for a corner,
THENCE N400441471E 295 68 foal to a point for a corner,
THENCE N43002'50"W 464.18 fleet to a point for a corner,
THENCE N2013'44"E 294 05 feet to a point for a comer;
THENCE N15*31' 11"W 13163 feet to a point for a comer,
THENCE N69031'4T'W 223 22 fleet to a point for a comer inthe Easterly line of the said
State of Texas tract,
THENCE N27°37'E, with the Easterly line of the said Stine of Texas tract, 540 79 feet to
a 1" iron in the North line of the said Pritchett Survey and for the Northwest corner of
this tract of land,
THENCE S 89002, E, along the said North hue of the Pritchett Survey, to and along the
North line of surd Harris Survey, For the North line of surd tract of land, 3,06180 feet to
a 1" iron for the Northeast comer of said Harris Survey and this tract of land,
THENCE S 00008' W, to and along the said muddle of County Road, being also along the
East line of said Harris Survey, to and along the East line of said Edmonson Survey for
the East line of this tract of land a distance of 4,750 51 feet to the POINT OF
BEGINNING and containing 276 55 acres of land, except for three tracts of land
described as follows•
11T Mi.1M
BEING a tract of land out of the S A. Pritchett Survey, Abstract No 1021 Denton
Coutny, Texas and being a part of Parcel No 1 described in deed to Southwest Denton
Joint Venture recorded in Clerks Document No 094965 of the Denton County, Deed
Records and being more particularly described as follows
BEGINNING at a point that is S38°43'29"E 378 13 fret from the Northwest comer of
said Southwest Denton Joint Venture tract of land, said point also being the beginning of
a curve to the left whose chord bears S73051'35"E 267 46 feet with a central angle of
12*3113 V and a radius of 1,225 92 feet,
THENCE in an Easterly direction, with said curve to the left, 267 99 feet to a point,
THENCE S80°07'20"E 82 53 £eat to a point, said point also being the beginning of a
curve to the left whose chord bears S89031'50"E 400 80 feet with a central angle of
18*49'00" and a radius of 1,225 92 feet,
THENCE in an Easterly direction, with said curve to the left, 402 61 feet to a point;
THENCE N810031401133 136 78 feet to a point for a corner,
THENCE 840044'47'W 1,066 71 feet to a point for a corner,
THENCE N42052'50"W 459.70 feet to a point for a corner,
THENCE N7°51' 1T'W 140.97 feet to a point for a corner;
09/02/99 08 49 FAX 8174608882 R L Bob Scott PE
Q 004
THENCE N20"58' 13'E 430 82 feet to the POINT OF BEGINNING and contanung 8 23
acres of land, more or less
Tract Two
BEING a hart of land out of the James L Hams Survey, Abstract No 555 Denton
County, Texas and being a part of Parcel No 1 described in deed to Southwest Denton
Jomt Venture recorded in Clerks Document No 094863 of the Denton County, Deed
Records and bemg more particularly described as follows
BEGINNING at a point that is S00008' W 2,05217 feet from the Northeast comber of the
said James L Harris Survey and the Southwest Denton Joint Venture bract of land;
THENCE N89052'W 330 00 feet to a posit for a comer,
THENCE N000081E 234 00 feet to a pomt for a comer,
THENCE S89052'E 330 00 feet to a pourt for a corner,
THENCE S000081W 234 00 feet to the POINT OF BEGINNING and containing 177
acres of land, more or less.
Tract Three,
BEING a tract of land out of the James Edmonson Survey, Abstract No 401 Denton
County, Texas and being a part of Parcel No 1 described m deed to Southwest Denton
Joint Venture recorded in Clerks Document No 094965 of the Denton County, Deed
Records and being more particularly described as follows
BEGINNING at a point that is N00008'E 3,127 03 feet from the Southeast comer of the
said James Edmonson Survey and the Southwest Denton Joint Venture tract of land,
THENCE S00°08'W 234 00 feet to a point for a corner;
THENCE N89052' W 340 00 feet to a point for a corner,
THENCE N00608'E 234 00 feet to a point for a corner,
THENCE S890522E 340 00 feet to the POINT OF BEGINNING and containing 183
acres of land, more or less
Leavmg in all 264 72 acres of land, more or less for this Exhibit.
EXHIBIT B
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