1999-318\\CH LOL\VOLl~shared\dept\LOL\Our Docurnents\Ordmances\99~Z 99 050 doc
ORDINANCE NO ~q-o'~/~
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) Zomng D~stnct encompassing 401 23 acres of landed, as more
partmularly described therean, and
WHEREAS, Denton/CJW Partners, LTD, has apphed for a detailed plan for Planned
Development 139 (PD-139) contmmng 253 15 acres of land, and
WHEREAS, on August 1 l, 1999, the Planmng and Zoning Comm~smon recommended
approval of the detailed plan, and
WHEREAS, the Caty Council finds that the detmled plan will be in comphance w~th the
amended concept plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the Detmled Plan attached hereto and mcorporated here~n by reference
as Exhlbat "B" for 264 72 acres located w~ttnn PD-139, and more particularly described ~n Exhabtt
"A", whach m attached hereto and incorporated herean by reference, is hereby approved subject to
the followmg condmons
A Access to Bonme Brae including constmctton access will not be permitted until such
time that Bonme Brae on etther mdc of Ponder Road ~s etther closed, or substantmlly
~mproved to include C~ty of Denton standard pavement section and 100 year bridge
improvements
B No development other than the single family detached and one convemence store
may occur until the Interchange at 1-35 and Ponder Road is reconstructed as a standard
diamond configuratton, or Ponder Road m extended to Hwy 377 and Ponder Road
through the development m constructed wtth 2 lanes tn each d~recnon
C That 75% of the budding exterior, except doors and wtndows, be constructed of brick
or stone
~ That any person vmlatmg any provtmon of thru ordinance shall, upon
convtct~on, be fined a sum not exceethng $2,000 00 Each day that a provm~on of thru ordinance is
v~olated shall conmtute a separate and dmnnct offense
\\CH LGL\VOLl~harod\dept~LGL\Our Documents\Ord~nances\99~Z 99-050 doc
~ That the pmv~slons of this ordinance, as they apply to the 253 15 acres
descnbed by Exhibit A, govern and control over any conflicting provisions of ordinances relating
to PD-139, as they relate to subj eot property, but all the provisions of smd orchnances relating to PD-
139 as they apply to the remainder of the planned development district not herein amended shall
continue m force and effect and shall apply to the remainder of smd district
~ That a copy of tlus ordinance shall be attached to PD-139, showing the
amendment herein approved
~ 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 ofthts ordinance to be
pubhshed twice m the Denton Record-Chromcle, a dally newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its pas~e
JA~d~LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2
09/02/99 08 49 FAX 8174606682 R L Bob Scott PE ~002 ~
BBtN(~ a tract of land out ofthe
L ~S~oy, A~No ~55n~S ~~y,A~No 1021
~on ~, T~ ~ ~g a ~ ofP~lNo 1 ~ ~ d~ to ~w~
~on ~o~ V~ ~rd~ ~ CI~ Doc~ No ~4865 of~ ~on Co~,
~ ~ ~ ~ ~ ~lm~ d~ ~ ~Hows
BEO~O ~ a
ofa ~ ~ ~r ~ Somh~t ~, sad ~ ~ N~g'E 548 69 f~ ~om
t~ ~ ~ oft~ ~ 3~s ~n S~y,
~NCE N65*38'51"W 255 84 ~ W a ~mt. ~ ~mt ~ ~mg ~ ~immn5 ofn
c~e to ~ ~ w~ cho~ ~ N43'54' 16"W ~3 ~ ~ ~ a ~ ~e of
43~9'11" ~ a ~ius of625 00
~ ~ aN~~ d~ ~ ~d c~ W ~t, 474 36 ~W a ~,
c~ to ~ left w~ c~ ~ N57' I 8'48'~ 431 81 f~t m~ a ~nt~ nng~ of
7~18'14" ~ a
~ m a N~ly
~ 587'32'05~W 635 80 ~ ~ n ~, ~ ~ a~ ~mg ~ ~g of a
c~e ~ ~ leR ~s~ ~ ~ 575058'39"W 350 61 ~ ~ a cemr~ ~le of
23~'53~ ~ a
~ 5~°~*12'~ 279 83 ~ ~ a ~, ~ ~ ~ ~ ~ ~nnm~ of a
c~e m ~ ~ ~m c~ ~ NSlo35'4~'W 419 22 ~ ~ a c~d ~ of
67°58'~~ ~ a
~ N~°33'E 1,988.36 ~ ~ a ~ ~r a ~,
~ Nig°52'W 53 62
~NCE ~ n We~
T~ N62°~'00"W 595 05
~ m ~ d~ ~ ~ 5t~ ofTe~ ~r ~ ng~f-~y z~rd~ m Vo~
529, P~e 538 of~ D~ R~or~ of Dm~n
~ N17°3~'~, ~g ~ E~t~ly ~e of~e ~d SWe ofTe~ ~ 170 15
09/02/99 09 49 FAX 8174606982 R L Bob Scott
THENCE S62°28'00"E, leaving the said Easterly right-of-way ofthe smd State of Texas
tract of land, 715 68 feet to a point, said point also being the beglnnm_o of a curve to the
left whose ehord bents S74°17'09"E 385,07 feet wxth a central angle of23°35'17" and a
radms of 940 00 f~set,
THENCE m an Easterly chrection, with smd curve to the left, 387 81 feet to a point for n
THENCE N19~24'52"W 494 31 feet to a po~t for a comer,
THENCE N40°44'47"E 295 68 feet to a point for a comer,
THENC~ N43°02'50"W 464.1~ feet to n point for a conxer,
THENCE N2°I3'44"E 284 05 feet to n pomt for a comer;
THENCE N15°31'II"W 131 63 feet to a point for a corner,
TIIENCE N69°31 '47"W 223 22 feet to a point for a comer tn ~he Easterly line of the sa~d
State of Texas truer,
THENCE N27°37']~, with the Easterly line ofthe said State of Texas tract, 540 79 feet to
a 1" xron m the North hne of the said Pntchett Survey and for the Northwest corner of
th,, treat of land,
THENCE S 89°02, E, along the smd North hne o£the Pntchett Sm'vey, to and along the
North line of smd Harris Survey, For the North hne of smd tract of land, 3,061 80 feet to
a 1" ~'on for the Northeast corner of seid Harris Survey Aha th~s tract of land,
THENCE S 00008, W, to and along the said n~ddle of County Road, being also along the
East hne of said Hams Survey, to and along the Fast line of smd F_Amonson Survey for
the East ~ of fbi, tract of land a distance of 4,750 51 feet to th~ POINT OF
BEOINNI~O and contnmmg 276 55 acres of land, except for three tracts of Innd
BEING a tract of land out of the S A. Pntchett Survey, Abstract No 1021 Demon
County, Texns and being a pnrt ofPm~lNo 1 descn~-d tn deed to Southwest Demon
~omt Vanture recorded m Clerks Document No 094965 of the Denton County, Deed
Records nnd being more parttc~_nrly descr~hed as follows
BEGINNING nta point that is S38°43'29"E 378 13 feet flora the Noxthwest comer of
smd Southwest Denton Joint Venture U'act of land. sag point also being the beginning Of
a curve to the left whose chord bears S73°51 '35'E 267 46 feet vnth a central nn~ol~ of
12°31'31' and a rndius of 1,225 92 feet,
THENCE in an Enste~ly chrect~on, with said curve to the left, 267 99 f~t to a point,
TItENCE S80~07'20"E 82 53 feet to a point, smd point also being the beginning ora
curv~ to the leR whose chord bears S89°31'$0'~ 400 80 feet wnh a central nngle of
18'49'00~ nmi a radms of 1,225 92 feet,
~CE m an F. nsterly dn~ion, wxth sa~d curve to the left, 402 61 feet to a point;
THENCE N81*03'40"E 136 78 ~et to a point ~or a comer,
THENCE S40°44'47''W 1,066 71 feet to a point for a corner,
TI-II~TCE N42o$2'50"W 459.70 feet to a point for a corner,
THENCE N7~51 ' 17"W 140.g7 feet to a point for a comer;,
09/02/99 08 49 FAX 8174606682 R L Bob Scott PE ~0Q4 .
~CE N20°.qS'13"E 430 82 feet to the POINT OF BEGINNING and cont.mmg 8 23
acres ofhnd, more or less
Tract Two
BEING a tract of land out of the Jnmes L Hams Survey, Abstract No 555 Denton
County, Texns end being a part of Pnrcel No 1 described in deed to Southwest Denton
.~omt Venlm~ recorded in Clerks Document No 094865 of the Denton County, Deed
BEOINNI3lO at a point timt ~s S00°08'W 2,052 17 feet l~om the Northeast comer of the
saul Snm~s L Harris Survey and the Southwest Denton $omt Venture tract of land;
THt~CE N89°52'W 330 00 fe~ to a pomt for a comer,
THENCE N00°08'E 234 00 fi~et to a point for a comer,
THENCE S89°52'E 330 00 feet to apomt for a corne~,
THENCE S00°08'W ~34 00 fl~-t to the POINT OF BEOINNING and contnmi-g 1 77
acres ofhnd, more or less.
Tract Three,
BEING a tract ofhnd out of the James Edmonson Survey, Abstract No 401 Denton
Couuty; Texas and being n part ofPmcelNo I descrR~d m deed to Southwest Donton
Joint Veature recorded in Clerks Docunmm No 094865 ofthe Denton County, Deed
BEGINNING at a point that Is N00°08'E 3,127 03 feet ~om the Southeast comer ofthe
smd James NA _mtm~n Survey and the Southwest Demon Joint Venture tra~ of land,
THENCE S00°08'W 234 00 feet to a point for a corner;
THENCE N89°52'W 340 00 ~ to a poh~t for a comer,
THENCE N00°08'E 234 00 fret to a pomt f~r a corner,
THENCE S89°$2'E 340 00 fe~t to the POINT OF BEGINNING and containing I 83
aat~s of land. more or less
Leavm8 in nil 264 72 acres oflAna, more or less for tins Exhibit.
EXHIBIT B