HomeMy WebLinkAbout2000-3585 W., PP197 &I
ORDINANCE NO " 35
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM AGRICULTURE (A) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO PLANNED DEVELOPMENT-187 (PD-187) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 42 ACRES OF LAND
LOCATED ON THE SOUTH SIDE OF POCKRUS PAGE RD WEST OF SWISHER RD ,
APPROVING A DETAILED PLAN, PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE (Z-00-11)
WHEREAS, The Preserve At Pecan Creek Partners, LTD , on behalf of Patrick D O'Brian
initiated a change in zoning for 42 acres of land from Agriculture (A) zoning district classification
and use designation to Planned Development-187 (PD-187) zoning district classification and use
designation, and
WHEREAS, on August 9, 2000, the Planning and Zoning Commission concluded a public
hearing as required by law, after which a motion passed recommending approval of the requested
change in zoning, and
WHEREAS, the City Council finds that the change in zoning is consistent with The Denton
Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The zoning district classification and use designation of the 42 acre property
described in the legal description attached hereto and incorporated herein as Exhibit A is changed
from Agriculture (A) zoning district classification and use designation Planned Development-187
(PD-187) zomng district classification and use designation under the comprehensive zoning
ordinance of the City of Denton, Texas, in accordance with the detailed plan attached hereto and
incorporated herein as Exhibit B, which detailed plan is hereby approved with the following
conditions
1 Require that fencing along Pockrus Page Road have masonary columns every
50 feet on center
2 Maintain the standards of the Concept Plan for Phase A approved with
Ordinance No 98-395 which is attached and incorporated as Exhibit "C"
3 Allow porches in the front yard in accordance with Ordinance No 99-429
which is attached and incorporated as Exhibit D
4 Site design for houses will be similar to the houses shown in the photographs
that were introduced into the record at the City Council public hearing on
September 26, 2000, copies of which in Exhibit E attached hereto and
incorporated herein by reference
Page 1 of 2
5 Oureo 187O
SE TION 2 The City's official zoning map is amended to show the change in zoning
district classification
SECTION 3 If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable
SECTION 4 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
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 -Chronicle, a daily newspaper published m the City of Denton,
Texas, within ten (10) days of the date of its passage
PASSED AND APPROVED this thec;6 `, day of 2000
ATTEST
JENNIFER WALTERS, CITY SECRETARY
10
APPROVED AS TO LEGAL FORM
HERBERT L P DUTY, CITY TTORNEY
BY
EU�.�Aftk
LINE BROCK, MAYOR
Page 2 of 2
f�
EXHIBIT A
k6U116
GOUDWIN MARSHALL
PAGE tf_
PROPERTY DESCRIPTION
STATE OF TEXAS,
COLMTY OF DENTON,
BEPIG a tract of land sllueted it, the Gideon Walker Survey Abstract No 133U City of
Derlon Denton Courtly Texas, being as of a tract of fond as described in deed to Nino
V,rgnqu O'Brien, recorded In Volume 591 Page 392 of the Deed Records of Denton
Cocnly, Texas (DRDCT It all of a tract of land as desce [bed m deed to Patrick Douglas
0 Or inn recorded in Volume 551, Page 396 DRDLT all of a tract of to ,d as described
in dead to Nina Virginia 0 Brien recorded In Volume 821 Pogo 72 DRTCT and all of o
hart o1 land as deecribed In deed to Patrick D O Brien and J Stevens Rogers recorded
In Vulture 931, Pogo 146 DRDCT and being more particularly described as lonowsr
SE(,INMNG of a PK null found asphall pavement wdhm Pcc,k,ue Page kood at the
original northeast corner of the final plot of Lot 2 Block I Kanas Addition on addition to
the Cityof Denton Denton Courtly Texas as recorded In Cabinet O Slide 365 of the Plot
Race,dof Doolo,r County Taxes, same belnq the northwest corner of sold Nino Virginia
O B Ian tract recorded in volume 5911 Page 392 DRDCT and the non Ihwesf corner at a
frocl of land ITracl 21 as described In deed to 2 D Monte recorded Ili Volume 480 Page
574 DRDCT from which a axle found bears N 40 59 13 W 10 07 test,
Nine
Virginia O'Brien 9tr tract, cold Patrwithin
ick Douglaskrus 0 Breoe Road along tract sold Ninon no, Ill
lines Brien tract
and told Patrick D O'Brien and J Stevens Rogers tract a dislonce of 1268 57 foci
fDeods rotor 1269 60 Joel 1 iu a 1/2 run rod found ul the northeast corner of said Patrick
D 0 Brien and J Stevens Rogers tract Bold point lylna in The west line of a Irdel of land
as described in Deed of Truer 1The Preserve al Pecon Creek Lid 413 512 acre trod I
racurdod In Comity Clark a document number 99-ROO60706 of the Real Properly Records
of Denton, Texas IRPRDCT I, floor which o railroad spike in asphalt pavement set at the
westarlymsti northwest corner of said The Preserve of Paden Greek, Lid 'rorl bears
N 02 2257' E 6 57 feel,
THENCE S 02 22 57' W departing said Pockrus Puge Road along the east line of sold
Pair ck 0 0 Brian and J Stevens Rogers tract the east line of said Z D Moore Tract 2
and the wool If.,* of cold The Preserve at Peeon Creek Ltd tract o distance of 1580 71
fool (O Orion Dead 1572 89 fool I to a 1/2' Iron rod with a plastic cap sal al the southwest
corner of said The Preserve at Facial Greek Ltd tract and the southeast corner of said
Patrick D O Bt ton and J Slovens Rogers tract sold point lying In the north line of a tract
of told us di,evibed In quitclaim dead to The City of Denton Texas recorded in County
Clerk s documanl number 93-RO058485 RPRDCT from which a 1/2 1r on pipe found
beat 5 02 22 57' W 103 59 feet and a 1/2' eon rod found of the southeast corner of said
Z D Moore Tract 2 and the southeast corner of a tract of land w described In dead to
Nine Virginia 0 Brier, recorded In Volume 1204 Page 213 DRDCT bears 5 02 22 57' W
a distance of 804 38 fool,
THENCE alongg the north Ilse of sold The City of Denton Texas tract and the south fines
of sold Patric D O'Brien and J Steven Rogers tract sold Nino Virgin a 0 Brien tract
and said Patrick Douglas O Brien frac the following,
N 74 03 42 W at a distance of 443 40 teat (Deed 436 O feet ) passing a 1/2' Iron
rod found at the southwest corner of sold Patrick D 0 Brien and J Stevens
Rogers tract and the southeast corner of said Nina Virginia O Brian tract recorded
in Valurne 627 Pogo 72 DRDCT at a distance of 623 48 feet passing a 1/2' Iron
rod found of $ 02 31 09' W 0 65 led from hire continuing a total distance of
955 b6 feel (DNas total 954 10 feet 1 to a 1/2' Iron rod with a plastic cap set at an
angle poinl In the west line of said Z D Moore Traci 2 said po nt being the point
of curvature of a non - to, art circular curve to the left I, am which a 1/2 Von rod
found in a west line of sold Z D Moore Truer 2 at the no, fhwest turner of u tract
of Iona os described in deed to May Helen Wrlglit recorded in Volume tO43
Page 523 DRDCT, bear* 5 00 3yl 03 E 104 32 tool and a fens corns found old
the southwest corner of sold Z D Moore tract 2 and the southwest corner of sold
Wrlgld Iruc bears S 00 37 03' E 913 41 feet (Z D Moore Traci 2 - Deed 915 1
lea(l,
Northwester)yy along said non-taigenl circular curve to the Jeff having o radius that
bears 5 16 0e 18' W, 1964 64 leaf (a 2 5S ,nil, add curve -chord definition I
through a control angle of 09 59 14' tin me dlsionLe of 331 02 feel Wood 327 60
feat 1 and having a chord trial bears N 76 41 I8' W a distance of 330 63 reef to a
3/4' Iron rod found at the southwest coi ne, of said Patrick Douglas 0 Elf ten frucl
the wrislertys t southwest caner o1 sold Z D Muare Traci 2 and the southeast
boorsraucuro ooN 86 00 40 KW sY 9d 711 feelr lPlol cihord 529 62rreal l found
43' E deporting the north line of sold The City of Dalton Texas tract
of said Lot Z, Block I Kanas Addition the west lire of sold Putrh.k
act and the wool line of sold Z D Moon Traci 2 of c distance of
d 168 38 fowl I passing a 1/1 Iron rod found of Iho weslerlymosl
f said Patrick Douglas O Brian tract and the southwest canner of said
Ian Id Lot 2f, recorded
Block Id in Kenos Additime on theewest lines off said Nine Virginia
along
the west line of sold Z D Moore Traci 2 at a distance of 1298 55 feet
ell passingg a 5/B' run rod found al Iho nariheasl corner of said Let 2
I a total distance of 1322 9'1 reef lPlol 1321 8U feel 0 Brian duds foal
D Moore Traci 2 - Deed 1342 6 feel I to the POINT OF BEGINNING and
)19 square feet or 41 713 auras of land SAVE AND EXCEPT ony „ghis
sold Pockrus Page Rood
6tA6
jA.
pi
tl i f�
eF
+A A
— --—TIN
F � A iiiT a E,�dA= r
A
F Ix
F � AAI
j
F F ear a pQ
A I i h IK
FI 8s 1 FI a --IN
^ A i ^ i
x F�
u
Ip? 1
��tl@it�A
INS
�1
I�
Yam_^ f
EXHIBIT B
WQs
ii@ Ell
i
AOAW
I Ind
a I
�I
1
+
n'
9
o
_
_
s �
1A
II.NVJX4
i �Y3arx "!
�x
I
/ i$
0
[Y�
f!
1
QLm®�Yj Y
aai
ll -
rKe
�p L
,
06
— 3NI'Ih171VW ^'^"a"'^
N
e
4
SdX31 'NOlN30
3AH3S3ad 3H11
I
e
Se°k
l a s
I i
� I
� I
e
����
°
18421VJ3NN
e�
,•I
I
I
I
,I
I �
� 1
I
\
v
si �f
I
I
I
I
1 �
6
n
t�J
1 9
SVX31 NO1N3O
Na3S38d 3111
-t O
Gee 0 00 000
b
°
F
R�gy Y
nBA�
calif
p�eeRe
ENCLOSURE 2
f O C k R U 'i
—_—P A4I ROA U
aA..TO L
R�
-� Y
oxxrox CRT Mwrx _
CCRgrM LYTY MNRx
fflln
ClAPP i. d4ENDED
date J
N TRACT R
MS FA OLY W
N
1
m /A xxA.1 i ..n
PLANNING b DEVELOPMENT
„w'SY.Li51F^.J:'SLA111Tw�^wr
3 -
s� 13
i y 9
DETAILED PLAN�-
T ;� THE PRESERVE
m DENTON. TEXAS
FRO
M .J- IOLI\9MM20\0fMfa4\Ouc Wcumu � wn<N\90\2 lB 0] 1ec
EXHIBIT C
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR APPROVAL OF A
DETAILED PLAN FOR 138 992 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 132
(PD 132) ZONING DISTRICT, THE SUBJECT PROPERTY IS LOCATED NORTH OF SHADY
SHORES ROAD JUST NORTH OF I-35 EAST AND EAST OF SWISHER ROAD, PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS
THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, on October 18, 1988, by Ordinance 88-166, the City Council approved a change
in zoning for 414 9 acres of land to Planned Development 132 (PD 132) Zoning District, as more
particularly described therein, and
WHEREAS, on August 15, 1989, by Ordinance 89-101, the City Council approved an
amendment to the concept plan of Planned Development 132 (PD 132) zoning district and a detailed
plan for 217 3 acres of land, as more particularly described therein, and
WHEREAS, on March 11, 1998, Mathew Goodwin, on behalf of Marc Footlic, applied to
amend the approved concept plan for Planned Development (132) zoning district and provide for a
detailed plan for 138 992 acres therein, and
WHEREAS, on September 9, 1998, the Planning and Zoning Commission unanimously
recommended approval of an amended concept plan for Planned Development 132 (PD 132) zoning
district and a detailed plan for 138 992 acres located therein, and
WHEREAS, on November 7, 1998, in the previous public hearing to this one, the City
Council approved the amended concept plan for Planned Development 132 (PD 132) zoning district,
and
WHEREAS, the City Council finds that the detailed plan is in compliance with the concept
plan for Planned Development 132 (PD 132) zoning district, the 1988 Denton Development Plan and
the 1998 Denton Plan Policies, NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
CTION I That the detailed plan attached hereto and incorporated herein by reference as
Exhibit B for 138 992 acres located within PD 132, more particularly described by the legal
description attached hereto and incorporated herein by reference as Exhibit A, is hereby approved
with the following condition
1. Tract D shall require a new Detail Plan if any portion is developed as any
land use other than a public school and/or public park
Z-98-037 ( r_
SECTION II That the transportation improvements attached hereto and incorporated herem
by reference as Exhibit C shall be required with the development of Tracts A, B, D and G
SECTION III That the City's official zoning map is amended to show the approval of the
detailed plan
SECTION IV 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
SECTION V 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 this the /0 day of Yl!/ 1998
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
EXHIBIT A
(PAGE 1 OF 3)
PROPERTY DESCRIPTION
STATE OF TEXAS,
COUNTY OF DENTON,
Being a tract of land situated in the G Walker Survey, Abstract No 1330 in the City of Denton, Denton County,
Texas, and being a portion of that certain tract of land described in a deed to Tara Land, Inc as recorded in
County Clerk's File No. 97—R0057731 of the Real Property Records of Denton County, Texas (RPRDCT I. and also
being a portion of that certain called 3 000 acre tract of land described in o deed to Barry A Sagan as recorded
In County Clerk's File No 97—RO043702, RPRDCT, and being more particularly described by males and bounds
as follows,
BEGINNING at a point of the Intersection of Page Rood and Swisher Road, some being an inner ell corner of said
Tara Land, Inc tract,
THENCE N 00 13'50' E, along o westerly line of said Taro Land, Inc tract and in Swisher Road, a distance
of I, 511 72 feel to a northwest corner of said Tara Land, Inc tract,
THENCE, departing Swisher Road, along the common northerly lines of said Tara Land, Inc tract and the
southerly lines of the Tracts described in deeds to Joy Powell as recorded in Volume 1695. Page 921 of the
Deed Records of Denton County, Texas (DRDCT 1, Gregory L Crawford as recorded In Volume 3229, Page 0920,
DRDCT and ]Dab and wife Beverly Cook as recorded in County Clerk's File No 93—R0053971, RPRDCT, the
following
N 89.53'06' E, a distance of 660 36 feet,
N`89 51'38' E, a distance of 975 20 feet to the southeast corner of said Cook tract, some being an
inner ell corner of said Tara Land, Inc tract,
THENCE, along the common wester) lines of sold Tara Land, Inc tract and the easterly line of said Cook tract,
the easterly Ilne of the tracts descried in deeds to Belly J McDonnell, Russell McDonnell and wife, Delta
McDonnell as recorded in Volume 3013, Page 0540 DRDCT, Johnny F McCormick and wife, Lynda Gayle
McCormick as recorded in Volume 3238. Page 058'7, DRDCT and Ilene Powell as recorded In Volume 1695. Page
911, DRDCT, the following,
N 00 34114' E, a distance of 320 09 feet,
N 01 54111' W, a distance of 34 17 feel,
N 00 II'49' W, a distance of 331.30 feet,
N 00 02'46' W. a distance of 397 50 feet to a point in the centerline of a proposed road, some lying
In a circular curve to the left having a radius point that bears N 12 08'58' W. 500.00 feet,
THENCE, departing a common westerly line of sold Tara Land, Inc. tract and the easterly line of sold Ilene Powell
tract, along the centerline of sold proposed road, traversing said Taro Land, Inc tract the following'
northeaslerly, olo sold circular curve to the left, througgh a central angle of 13.22'26' , an arc length
of 116 71 feet and oving o chord that bears N 71 09 49 E. 116 45 feet to the point of tangency,
N 64 28136' E. a distance of 341 78 feel to the point of curvature of a circular curve to the right,
having a radius of 1,000 00 feel,
northeasterly asaid circular curve to the right, through a central angle of 16 29'18' , on arc
length of 297.77 feel, and having a chord that bears N 72 43115' E, 286 78 feel,
THENCE, departing the centerline of sold proposed road, traversing sold Tara Land, Inc tract the following,
S 01.231560 E. a distance of 790 50 feet,
N 88.14128' E, a distance of 69.31 feet,
S 59 07117' E. a distance of 269.09 feel to a point In the centerline of a second proposed road, some
lying in a circular curve to the right having a radius point that bears N 65.32'11' W, 1, 350 00 feet,
EXHIBIT A
(PAGE 2 OF 3)
THENCE, along the centerline of said second proposed road, traversing said Tara Land, Inc. tract the following
southwesterly, along said circular curve to the right, through a central angle of 26.54'40' , an arc length
of 634.08 feet and having a chord that bears S 37 55'09' W. 628 27 feet to the point of tangency,
S 51 22'30' W. a distance of 438 85 feet to the point of curvature of a circular curve to the left,
having a radius of 1.000 00 feet,
southwesierly, olony sold circular curve 10 the left, through a central angle of 15 22'37' an arc
length of 26y8 38 feet, and having a chord that bears S 43.41'11' W, 267.57 feet to the point of
tangency,
S 35 59153' W. a distance of 223 57 feet to the point of curvature of a circular curve to the right,
having a radius of 1.000.00 feet,
southwesterly, along sold circular curve to the right, through a central an Is of 12 II156' , an arc
length of 212 91 feet, and having a chord that bears S 42 05'51' W. 51 feet to the point of
tangency,
S 48 II148' W, a distance of 472 21 feet to the point of curvature of a circular curve to the left
having a radius of 800 00 feet,
southwesterly, along said circular curve to the left, througgh a central angle of 15.41'16' an arc
length of 219.04 feel, and having a chord that bears S 40 2I'10' W. 218.36 feet to the point of
tangency,
S 32 30'32' W, passing at an approximate distance of
Land, Inc, tract and the northerly line of the oforementio,
approximately 17 feet from the common northwest corner 1
of sold Tara Land, Inc. tract, continuingg, traversing set
distance of 214 feet a common easterly Ifne of sold Taro
Began tract, said point being southerly, approximate ryry 2i
said Began tract and an Inner oil corner of sold Toratom
of sold second proposed road and traversing sold Tara Li
feet to the point of curvature of a circular curve to the r
? feet a common southerly line of said Toro
Began tract, said point being easterly,
sold Began tract and an Inner ell corner
o9an tract, possin at an approximate
nd, Inc. tract and the westerly line of sold
,ei from the common northwest corner of
Inc tract, continuing, along the centerline
Inc. tract for an overall dlstonce of 510 24
1 having a radius of 1,500.00 feet,
southwesteprlyy, along sold circular curve to the right, througgh a central angle of 33 15144' , an arc
length of 870.61 feel, and having a chord that bears S 49.08'25' W. 858 63 feel,
THENCE, departing the centerline of sold second proposed road, traversing sold Taro Land, Inc tract the
follow ing 1
S 34 21111' E. a distance of 249.45 feet,
N 56 50145' E. a distance of 260 85 feet,
N 81 I8135' E, a distance of 267.04 feet,
N 46 33100' E, a distance of 77.85 feat,
N 65 10104' E, a distance of 134 35 feel to an easterly line of sold Toro Land, Inc tract, same being
near the cost line of said Swisher Road,
THENCE S 00.32'50' W. along an easterly line of said Tara Land, Inc tract and near the east line of sold
Swisher Road, a distance of 337 93 feet to a point, sold point being called S 21.24153, W, a distance of 52 36
feet from the intersection of the north line of Chapporral Drive and the east line of sold Swisher Rood,
and In
ld
sher
distance of 070. 5S 00 3feel,tola point easterly
n Swishereof Rood, somerbeingthe northeaInc st corner f theitract oRood.
lands
described in a Qyllclaim deed to Lake Cities Municipal Utility Authority as recorded in Volume 1929, Page 830,
DROCT, and a southeast corner of said Tara Land, Inc. tract and a being situated northerly, approximately
80 feet from the northeast corner of Shiloh Cemetery,
EXHIBIT A
(PAGE 3 OF 3)
THENCE N 89 07107' W, deporting sold Swisher Road, olong a common southerly line of said Toro Land, Inc
tract and the northerly Tine of sold Lake Cities Municipal Utility Authority tract, passing at an opprowimole
distance o4202 feet the common northwest corner of sold Lake Cities Municipal Utility Authority tract and on
inner ell corner of sold Toro Land, Inc tract, continuing, traversing said Tara Land, Inc tract for an overall
distance of 234.88 feet,
THENCE, traversing said Toro Land, Inc tract the following:
N 01 59'16' E, o distance of 335 14 feet,
N 16 05'10' W, a distance of 309.50 feet,
N 82 05'20' W. o distance of 330 74 feet,
N 07 19102' W, a distance of 426 04 feet,
N 34 21'II' W, o distance of 252 75 feet to a point in the centerline of the aforementioned second
proposed rood,
THENCE, along the centerline of sold second proposed road, traversing said Tara Land, Inc. tract the following%
S 66 32'54' W. a distance of 982 41 feel to the point of curvature of a circular curve to the left,
having o radius of I, 000.00 teat,
of 623 59yfaalong sold ct, and having olchordvthat MoreeS.48.41$02' Wtrol . 613g53 lest, 43.44' , on are length
S 86 55122' W, departing the centerline of sold second proposed road o distance of 701 03 feet to
common
a west line of sold Toro Land, Inc. tract and the east line of that certain tract of land
described in a deed to Patrick D. O'Brien and J Steven Rogers as recorded In Volume 934, Page 146,
DRDCT,
THENCE
dista distance ofI14 ,395 50 feet Ito athe pointnin Page Road. some beingto sold Tara na. Inc tract and northwest corner of old Toro LdarnRogers d Inc trod
tract,
THENCE S 89 55113' E. with a northerly line of sold Tara Land, Inc tract and in Page Road, a distance of
1,077 93 feet,
THENCE N 89 38'38' E, continuinI don% o northerly line of sold Tara Land, Inc tract and In Page Road, a
distance of 296.73 fact to the POINT OF BEGINNING, and containing 6,054,510 square feet or 138.992 acres
of land, more or less
- ' EXHIBIT B
(PAGE 1 OF 2) _ �� /
'MONITIONnY.now� _=T
U,------- �- � K... err
Rim MOOT
ANvownu
un.acnoY
p Hutt o
YYW MYIT� ♦i • /
a. COT"CnT Wn1 1 `• `/•_/
II � I�,� T•s� �3r.-XTi .�.1'�—ors J , .�., � /✓
o.w
mew.Yr
TRACT e
WOLA MrLT 41
y'ir'•
P A G c K R U S
ROAD I J! I/
` i •,.H� .l TRACT 0
Yaaatu,w �`� • •� � 1@4`„ ��
�_ • �00*
17"r.• U TiuoT s
_ /[/yJ�__ •ten • Nzol
/ I
♦a
"/r� MYI1. YVLMIY61 /
I I N
emu' •a,cxruw
D
II O
S H A
ewwn, em uen D Y S H D R E S ♦♦ 1i� :1 enTAR
YuoT eWye em urn '�'�
eeWTNl ern urlY •{�•�f'�T.r�.T.�
•7CS.'Y.R L� •�••
\3g Y
ram+ j' All
I DETAILED PLAN
t THE PRESERVE i E
�pil II m DENTON, TEXAS,'a f.
TYPICAL CORNER LOT REQUIREMENTS
I
rrweu wT n m
I,eT Fsn
me
I
+TIII+T �e=
i TYFOLL 10, ,OM M'
rwr w,esrn,w
I rt•ni
I
• I
y I
I
I
I
nneu ur+V1,1 W`
w•r ur fMM Iw
+r••+r
EXHIBIT B
(PAGE 2 OF 2)
TYPICAL LOT REQUIREMENTS
It
S PF °>t
i� l �a`ey�a�C'rtm�°w ea ���seT m�SJ�`Ss�A
I rrnl• w, rn w
i
I
I
+ SINGLE FAMILY LOT REQUIREMENTS
THE PRESERVE
tit I I I m OENTON, TEXAS
IW LOLIVOLI%SHARLb gn"LWVD =U\ONb.ee.A0TL9946
EXHIBIT D
I
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 Foothk, 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 deft tion 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 Imes and from the main building line On all
smole-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
arc�tectural features, the front yard shall not be obstructed from a point forty-two
me es (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
%K WL% LNHAKkowmv L%ft�mowmo.ewPns 7m
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
SE TION 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 this 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 this the day of .1999
JAC M LER, MAYOR
Page 2
NCf 41AL\VOLI V HAp�BF�IpLW v Da�mmM4Nbmo W9PZMONAee
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
0' , =
Page 3