HomeMy WebLinkAbout1999-429%%CH LGUVOLMH.UtfiplpKP LWrtUoevmeoY`UAlauna.M N9 7J
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT
TO THE AREA REGULATIONS AS THEY PERTAIN TO THE DEFINITION OF A "FRONT
YARD" OF ORDINANCE 98-394 WHICH APPROVED AN AMENDED CONCEPT PLAN FOR
PLANNED DEVELOPMENT 132 (PD 132) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 427 616 ACRES OF LAND LOCATED TO THE NORTH OF SHADY
SHORES ROAD AND THE EAST SIDE OF SWISHER ROAD, PROVIDING FOR A SAVINGS
CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR
VIOLATIONS THEREOF, PROVIDING FOR SEVERABILITY CLAUSE, AND PROVIDING
FOR AN EFFECTIVE DATE (Z-99-067)
WHEREAS Marc Footlik, on behalf of the Preserve at pecan Creek Partners, Ltd, has
applied to amend the definition of a front yard to allow porches beyond the building line for single-
family lots in Planned Development 132 (PD 132) zoning district, and
WHEREAS, on October 13, 1999, the Planning and Zoning Commission recommended
denial of the requested change in the definition of "front yard" so to approve the amended definition
required a super majority vote of the City Council, and
WHEREAS, the City Council finds that an amendment to the area regulations as they pertain
to the definition of a "front yard" for single-family lots will be consistent with the 1988 Denton
Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and
Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the area regulations as they pertain to a "front yard" as established by
Ordinance 98-394, which adopted an amended concept plan for 427 616 acres within Planned
Development 132 (PD 132) zoning district classification and use designation, described in the legal
description attached hereto and incorporated herein as Exhibit A are amended under the
comprehensive zoning ordinance of the City of Denton, Texas, as follows
Front Yard for Single-family Lots.
Yard, front means an open, unoccupied space on a lot facing a street extending across
the front of a lot between side lot lines and from the main building line On all
single-family lots, porches with structural support (columns) shall be allowed to
extend into the front yard five feet (5'-0") and any associated roof overhang and/or
similar special architectural feature shall be allowed to extend another three feet (3'-
0") Outside of porches and their associated roof overhang and/or similar special
architectural features, the front yard shall not be obstructed from a point forty-two
inches (42") above the general ground level by a guardrail, fence or other object,
except as provided for roof overhang or similar special architectural features or plant
material
NCH WUWLI�HM8pp8 LW DxummWAEw.wwl9c2-9G06]tlx
Porch
Porch means an open, unenclosed, unobstructed, and non -habitable space with
structural supports (columns) attached to the front of a single-family dwelling facing
a public street and used for a purpose customarily incidental to the main structure,
not including those allowed in accessory buildings (e g garage or carport), in a
residential district
Guardrail.
Guardrail means a system of building components located along the open sides of
a porch's elevated surface for the purpose of minimizing the possibility of an
accidental fall from the elevated surface to the lower level
SECTION 2 That the provisions of this ordinance shall govern and control over any
conflicting provisions of Ordinance 98-394, but all provisions of Ordinance 98-394 as they apply
to the remaining portion of Planned Development 132 (PD 132) zoning district land use regulations
not herein amended, shall continue in full force and effect
SECTION 3 That a copy of this ordinance shall be attached to Ordinance 98-394 showing
the amendments herein approved
SECTION 4 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 tins ordinance is
violated shall constitute a separate and distinct offense
SECTION 5 That if any section, subsection, paragraph, sentence, clause, phrase, word,
or provisions of this ordinance shall be adjudged invalid or held unconstitutional, the same shall
not affect the validity of this ordinance as a whole or part or provisions hereof, other than the part
so decided to be invalid or unconstitutional, and the City Council of the City of Denton, Texas
hereby declares it would have enacted such remaining portions despite any such validity
SECTION 6 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 passage
PASSED AND APPROVED tins the Il�h day of ' 1999
JAC M LER, MAYOR
Page 2
cx wL\VOLII�x.wemoeerv.a�wO.uxYtlmuww0Y1[Onsmzaum�az
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
Page 3
EXHIBIT A
(PAGE 1 OF 3)
LEGAL DESCRIPTION
BEING a 427 616 acre tract of land in the G walker Survey Abstract No 1330 and the w
Ourham Survey, Abstract No 330 situated in the City of Denton Denton County, Texas and the
Extra -territorial Jurisdiction of Denton County Texas said tract being conveyed to Tara Land 1
Ltd by tleetl recorded in Denton County Clerk s File No 97-ROO57731
BEGINNING at a point found at the intersection Of the North right -Of -way line Of the M K & T
Railroad (100 ROW) and the East line of a tract conveyed to Patrick D 0 Brien and J Steven
Rogers by tleetl recorded in Volume 934, Page 146 of the Deed Records of Denton County
Texas
THENCE NOO'14 05 W along the East line of said 0 Brien/Rogers tract 1586 69 feet to a point
said point being on the South right-of-way line of Pockrus-Page Road (50 ROW)
THENCE S89'55 13"E along the South right-of-way line of said Pockrus-Page Road 1077 93
feet to a point
THENCE N89'38 38"E along the South right-of-way line of said Pockrus-Page Road 295 73
feet to a paint
THENCE N00'13 50"E along the East line of Swisher Road (50 ROW), 1511 72 feet to a paint
on the South line of a tract of land conveyed to Joy Powell by deed recorded in Volume 1695
Page 921 of the Deed Records of Denton County, Texas
THENCE N89'53 06"E 680 36 feet to a point
THENCE N89'51 38"E 975 20 feet to a point found for the Southeast corner of a tract conveyed
to Bob and Beverly Cook by tleetl recorded in Denton County Clerk s File No 93-ROO53971
THENCE N00'34 14"E, 320 09 feet to a point
THENCE N01054 11"W 34 17 feet to a paint,
THENCE N00'll 49"W, 331 30 feet to a point,
THENCE N00'02 46"W, 346 64 feet to a point found for the Northeast corner of a tract of land
conve etl to Johnny and Lynda McCormick by deed recorded in Volume 3238 Page 587 of the
Deed Recortls of Denton County Texas,
THENCE S89448 51"W along the North line of said McCormick tract 1632 50 feet to a point
THENCE S8�'08 53"W, 4 99 feet to a point found for the Northwest corner of a tract conveyed
to Johnny and Lynda McCormick by tleetl recorded in Volume 198 Page 906 of the Deed
Records of Denton County Texas said point also being on the East right-of-way line of said
Swisher Road,
THENCE N00'57 09"E along the East right-of-way line of said Swisher Road 283 10 feet to a
point said point being the Southwest corner of a tract conveyed to LaJuana Leatherwood by
document recorded in Denton County Clerk s File No 96-R30681-211 of the Deed Records of
Denton County, Texas,
THENCE N60'21 03-E 271 89 feet to a point,
THENCE NB$'11 52-E, 526 69 feet to a paint
THENCE N89951 18'E, 150 03 feet to a point,
THENCE N89'51 52'E, 704 84 feet t0 a point said paint being found for the Southeast corner
of a tract of land conveyed to Milton Robert Jacobs and Lynn S Willard by deeds recorded in
Volume 1310, Page 110 and Volume 1330, Page 327 of the Deed Recortls of Denton County,
Texas
THENCE N00'02 46'W, 31 62 feet to a point,
THENCE N00'08 14'W, 374 26 feet to a point,
THENCE NO1'21 16"W, 271 72 feet to a point,
THENCE N00'23 18"W, 534 87 feet to a point found for the Northeast corner Of a tract
conveyed to Robert and Carol Beene by deed recorded in Volume 1001, Page 927 of the Deed
Records of Denton County Texas
THENCE N89.30 46-E, 1261 21 feet to a point found for the Southeast corner of a tract
conveyetl ttl Raymond and Judith Grimes by deed recorded in Volume 1411 Page 654 of the
Deed Records of Denton County, Texas,
EXHIBIT A
(PAGE 2 OF 3)
THENCE N00'40'32'W, 83 57 feet to a point, said point being the Point of Curvature of a
non -tangent circular curve to the right having a radius of 1140 00 feet, a central angle of
27'53'58", a chord bearing of N10'20 00"E and a chord length of 549 64,
THENCE along said curve to the right, 555 11 feet to a point,
THENCE N21'20'59'E, 698 84 feet to a point on the Southern line of a Corps of Engineers
(COE) tract,
THENCE S70046'08'E, 249 98 feet to a point,
THENCE S24'35'32"E, 1163 69 feet to a point,
THENCE N79'32'26"E, 244 71 feet to a point,
THENCE S53'03'40"E, 477 60 feet to a point,
THENCE S41'05'07'E, 385 93 feet to a point,
THENCE S41'34'2B"E, 302 08 feet to a point,
THENCE S30'30'21"W, 360 72 feet to a point,
THENCE S51*07'36*W, Sao OS feet to a point,
THENCE S23'31'04"W, 247 93 feet to a point found for the Northwest corner of a tract
conveyed to Hidden Valley Association by deeds recorded in Volume 556 Page 6603 and
Volume 551, Page 416 of the Deed Records of Denton County, Texas,
THENCE S89'44'52"W along the North line of said Hidden Valley tract, 705 60 feet to a point
found for the Northwest corner of said Hidden Valley tract,
THENCE S00'20'38'E along the West line of said Hidden Valley tract, 766 06 feet to a point
THENCE S00001'56"W along the West line of said Hidden Valley tract, 71t 82 feet to a point
found for the Northwest corner of Hidden Valley Estates, a subdivision to the City of Denton
Denton County, Texas as recorded in Cabinet D, Slide 377 of the Plat Records of Denton
County, Texas,
THENCE S00'21'40"E along the West line of said Hidden Valley Estates, 776 91 feet to a point
found for the Southwest corner of said Hidden Valley Estates, said point also being the
Northwest corner of a tract of land conveyed to Susanne Turner by deed recorded in Volume
842, Page 348 of the Deed Records of Denton County, Texas,
THENCE S00.21'10"W along the west line of said Turner tract, 248 16 feet to a point,
THENCE S00'12'41"W, 51 73 feet to a point found for the Northeast corner of a tract conveyed
to James and Beverly Arrasmith by deed recorded in Volume 2275, Page 5 of the Deed Records
of Denton County, Texas,
THENCE S88053'22"W, 354 12 feet to a point,
THENCE S89'53'53"W, 340 50 feet to a point,
THENCE S89*21'38"W. 989 42 feet to a point,
THENCE S88039'390W, 989 28 feet to a point
THENCE S00632'50"W, iOSS 92 feet to a point,
THENCE S00"53'03"E, 1070 15 feet to a point found for the Northeast corner of Shiloh
Cemetery an addition to the City of Denton, Denton County, Texas recorded in Cabinet J. Slide
43 of the Plat Records of Denton County, Texas,
THENCE N89'07'07"W along the North line of said Shiloh Cemetery, 202 03 feet to a point for
the Northeast corner of said Shiloh Cemetery,
THENCE S01'ii'02"W, 79 97 feet to a point.
THENCE SO$'30'56"E along the West line of said Shiloh Cemetery, 424 20 feet to a point found
for the Southwest corner of said Shiloh Cemetery, said point also being on the North right-of-way
line of Shady Shores Road (50'ROW),
EXHIBIT A
(PAGE 3 OF 3)
THENCE Ne8'56 31-W along the North right-of-way line of said Shady Shores Road 586 31
feet to a point found for the intersection of the North right-of-way line of Said Shady Shores
Road and the North right-of-way line of MK&T Railroad (100 ROW), said point alsobeing the
Point of Curvature for a non -tangent circular curve to the left having a radius of 2387 22 feet
a central angle of 14'47 55 , a chord bearing of N39'39 26'W and a chord length of 614 87feet
THENCE along said curve to the left and the North right-of-way line of said Railroad 616 58
feet to a point
THENCE N48'19 15'W along the North right-of-way line of said Railroad right-of-way, 277 07
feet to a point found for the Point of Curvature of a circular curve to the left having a radius
of 1542 71 feet a central angle of 28'29 14 a chord bearing of N62'33 45'W and a chord
length of 759 15 feet
THENCE along said curve to the left and the North right-of-way line of said Railroad right-of-way
767 03 feet to a point,
THENCE N76'48 29'W along the North right-of-way line of said Railroad right-of-way, 213 89
feet to the POINT OF BEGINNING and containing 18 626,936 square feet or 427 616 acres of
land