1999-429AN 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 deflmtton of a front yard to allow porches beyond the bmld~ng lme for single-
family lots m Planned Development 132 (PD 132) zoning district, and
WHEREAS, on October 13, 1999, the Planning and Zoning Commission recommended
demal of the requested change in the deflmtlon of"front yard" so to approve the amended defimtlon
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 defimtton 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 pertmn to a "front yard" as established by
Ordinance 98-394, wtuch adopted an amended concept plan for 427 616 acres wltlun Planned
Development 132 (PD 132) zomng chstnct classfficatlon and use designation, described in the legal
description attached hereto and incorporated herein as Exhibit A are amended under the
comprehensive zomng 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 mmn building line On all
single-family lots, porches with structural support (colunms) shall be allowed to
extend ~nto the front yard five feet (5'-0") and any associated roof overhang and/or
smlar special arcbatectural feature shall be allowed to extend another three feet (3'-
0") Outside of pomhes and their assoclated 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 guardrall, fence or other object,
except as provided for roof overhang or similar special arcbatecmral features or plant
matenal
Porch
Porch means an open, unenclosed, unobstructed, and non-habitable space w~th
structural supports (columns) attached to the fi.om of a single-family dwelling facing
a pubhc street and used for a purpose customanly mmdental to the mmn structure,
not including those allowed m accessory buildings (e g garage or carport), m a
residential district
Guardraii.
Guardrad means a system of braiding components located along the open sides of
a porch's elevated surface for the purpose of m~mmizmg the possibility of an
accidental fall fi.om the elevated surface to the lower level
SECTION 2 That the prowsmns of flus ordinance shall govern and control over any
eonflmtmg prowsmns of Ordinance 98-394, but all prows~ons of Ordinance 98-394 as they apply
to the remaining portion of Planned Development 132 (PD 132) zomng district land use regulations
not herein amended, shall continue m full force and effect
SECTION 3 That a copy of flus ordinance shall be attached to Ordinance 98-394 showing
the amendments heretn approved
SECTION 4 That any person wolatmg any prows~on of th~s ordinance shall, upon
conviction, be fined a sum not exceeding $2,000 00 Each day that a provis~on of flus ordinance ~s
violated shall constitute a separate and d~stmct offense
SECTION 5 That ff any section, subsection, paragraph, sentence, clause, phrase, word,
or prowslons of tbas ordinance shall be adjudged mvahd or held unconstitutional, the same shall
not affect the Vallrhty of this ordmance as a whole or part or prows~ons hereof, other than the part
so demded to be invalid or tmconstltut~onal, and the C~ty Council of the City of Denton, Texas
hereby declares ~t would have enacted such remmnmg portions despite any such vahthty
SECTION 6 That flus ordinance shall become effective fourteen (14) days fi.om the date
of its passage, and the C~ty Secretary is hereby darected to cause the caption oftlus ordinance to be
published twine m the Denton Record-Chromcle, a daffy newspaper pubhshed in the C~ty of Denton,
Texas, within ten (10) days of the date or,ts passage
PASSED AND APPROVED this the /~-~/g day of .~l/./~f~ ,1999
JAC~
Page 2
ATTEST
JENNIFER WALTERS, CITY SECRETARY
AP~] lOVED AS TO LEGA~ FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 3
EXHIBIT A
(PAGE 1 OF
LEGAL DESCRIPTION
BEING a 427 618 acre tract of land in the G Walker Survey Abstract NO 1330 and the W
Ourham Survey, Abstract NO 330 s~tuated in the City of Oenton Denton County, Texas and the
Extra-terr)tor~al Jurisdiction of Denton County Texas said tract Peing conveyed to Tara LanO
Ltd by deed recorded tn Denton County Clerk s File NO 97-R00§773!
BEGINNING at a point found at the intersect~on of the North right-of-way l~ne of the M K & T
Railroad (100 ROW) and the East line of a tract conveyed to Patrick O 0 Br~en anO d Steven
Rogers Py deed recorded tn Volume 934, Page t46 of the Deed Records of Denton County
Texas
THENCE NO0't4 05 W along the East l~ne of said 0 Brian/Rogers tract t586 69 feet to a point
sazd point being on the South right-of-way lzne of Pockrus-Page Road (50 ROW)
THENCE s8g'55 t3"E along the South r~ght-of-way ]zne of said Pockrus-Page Road ~077 93
feet to a point
THENCE N89'38 38"E along the South r~ght-of-way )ina of sa~d Pockrus-Page Road 298 73
feet to a point
THENCE NO0'~3 50'E along the East line of Swisher Road (50 ROW), ~5~ 72 feet to a point
on the South )ina of a tract of land conveyed to Joy Powell by deed recorded ~n Volume ~695
Page 921 of the Dead Records of Denton County, Texas
THENCE N89'53 O6'E 680 36 feet to a point
THENCE N89'5t 38"E 975 20 feet to a point found for the Southeast corner of a tract conveyed
to Bob and Beverly Cook by deed recorded in Denton County Clerk s Fzle No 93-R005397~
THENCE N00'34 ~4"E, 320 og feet to a
THENCE NOl'§4 I~'W 34 ~7 feet to e point,
THENCE NO0°ii 49"W, 33! 30 feet to a poznt.
THENCE NO0'02 46'W, 346 64 feet to a point found for the Northeast corner of a tract of land
conveyed to Johnny and Lynda McCormick by deed recorded in Volume 3238 Page 587 of the
Deed Records of Denton County Texas,
THENCE sag'4G 5t"W along the North line of said McCormick tract $632 50 feet to a point
THENCE S8§'08 53'W. 4 99 feet to a po3nt found for the Northwest corner of a tract conveyed
to Johnny'and Lynda McCormick by dead recorded in Volume lgB Page 906 of the Oeed
Records of Oenton County Texas sa3d point also being on the East right-of-way 13ne of sa~d
Swisher Road,
THENCE N00'57 OG"E along the East right-of-way line of said Swisher Ro~d 28~ ~_feet to.a
point said point being the Southwest corner of a tract conveyed to Laduana Leatnerwood Dy
document recorded in Denton County Clerk s File No 96-R3068~-2~ of the Deed Records of
Denton County, Texas,
THENCE N68'2% 03'E 271 89 feet to a po[nt,
THENCE N8~'1~ §2'E, 526 69 feet to a point
THENCE N8g'§t t8'E, ~50 03 feet to a point,
THENCE N8g'5~ §2'E, 704 84 feet to a point said point Pelng found for the Southeast c~r~er
of a tract of lan~ conveyed to M~]ton Robert Jacobs and Lynn S Wlllard by deeds recorDeD in
Volume 13~0. Page ttO and Volume ~330, Page 327 of the Deed Records of Denton County,
Texas
THENCE NO0°O~ 46'W,
THENCE NO0°08 ~4'W.
THENCE NO4 '2~ t6'W,
31 62 feet to a point.
374 26 feet to a point,
271 72 feet to a point,
THENCE N00'23 ~8'W, 534 87 feet to e point found for the Northeast corner of a tract
conveyed to Robert and Carol Beene by deed recorded ~n Volume ~OOl, Page 927 of the Deed
Records of Denton County Texas
THENCE N89'30 46'E, 126t 2i feet to a point found for the Southeast corner of a tract
conveyed to Raymond and Judith Grimes by deed recorded in volume 14t! Page 654 of the
Deed Records of Denton County. Texas.
EXHIBIT A
(PAGE 2 OF 3)
THENCE NOO'40'S2'H, 83 57 feet to a point, said point beiog.~ Point of Curvature of a
non-tangent circular curve to the right having a radius or 114o O0 feet. a central angle of
27'53'58', a chord bearing of NtO'20'CO'E and e chord length of §4g 84,
THENCE along said curve to the right. 555 tt feat to s point,
THENCE N2t*20'Sg'E, S95 84 feet to a point on the Southern line of a Corps of Engineers
(COE) tract,
THENCE S70'4S'OS'E, 24g 98 feet to e point,
S24'35'32'E, 1t53 89 feet to a point.
N79'32'29"E, 244 71 feet to a point,
S53'03'40"E, 477 60 feet to s point,
54t'05'07"E. 385 g3 feet to a point,
54t'S4'28"E, 302 08 feet to a point,
SSO'SO'2t"N. 360 72
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
feet to a point,
THENCE S5i'07'36"N, 680 0t feat to e point,
THENCE S23'3t'O4'H, 247 93 feet to e point found for.t~a.NoEt~west_~rn~r
conveyed to Hidden Valley Association by deeds recorDeD in volume b~ Page o~u~ sna
Volume 55t, Page 4t6 of the Deed Records of Denton County. Texas,
THENCE 589'44'52'H along the North line of sai~ ~dde~ Valley tract, 705 60 feet to a point
found for the Northwest corner of said Hidden va[ley tract,
THENCE S00'20'38'E along the West line of said Hidden Valley tract, 766 06 feet to a point
THENCE 500'01'56"fl along the Heat line of said Hidden Valley tract, 7ii 52 feat to a point
found for the Northwest corner of Hidden Valley Estates. a subdivision to the City of Denton
Denton County. Texas aa recorded in Cabinet D, 51ida 377 of the Plat Records of Denton
County, Texas,
THENCE S00'21'40'E along the Neat line of said Hidden Valley Estates, 776 9t 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 SO0'2i'iO'H along the west line of said Turner tract, 248 i6 feet to a point,
THENCE SO0'i2'4i"H, 8i 73 feet to a point found for the Northeast corner of a tract conveyed
to James a~d Beverly Arrasmith by deed recorded in Volume 2275, Pegs 5 of the Oeed Records
of Denton County. Texas.
THENCE S88'53'E2"N, 354 i2 feet to e point,
THENCE S89'53'53"H, 340 50 feet to a point.
THENCE S89'2t'38'N, g8g 42 feet to e point,
THENCE S88'3g'39'H, 989 28 feet to a point
THENCE S00'3~'50'N, 1088 92 feet to e point,
THENCE 900'53'03"E, t070 tS feet to s 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 Nag'O7'O7'N along the North line of said 5hilo~ Cemetery, 202 03 feet to a point for
the Northeast corner of said Shiloh Cemetery,
THENCE SOi'ti'O2'N, 79 97 feet to e point,
THENCE S0~'30'56~E along the Heat 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'ROH),
EXI-IIBIT A
(PAGE 3 OF 3)
~HENCE N88'§6 32'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 Snores
Road and the North r~ght-of-way line of NK&T Railroad (200 ROW), sa~d point also Oe~n9 the
Point of Curvature for a non-tangent c~rcular curve to the left having a radius of 2387 22 feet
a central angle of 14'47 55 , a chord bearing of N3g'3g 26'W and a chord length of 6i4 B7feet
THENCE along sa~d curve to the left and the North right-of-way line of said Railroad 6~6 58
feet to a Do~nt
THENCE N48'19 16'H a]on9 the North right-of-way l~ne of said Railroad right-of-way, 277 07
feet to a point found for the Point o~ Curvature of a c~rcular curve to the ]eft havIng a radius
of 1542 71 feet a central angle of 28'29 ~4 a chord bearIng of N62'33 ~§"~ and a chord
length of 759 l§ feet
THENCE along sa~O curve to the left and the North right-of-way ]~ne of sald Railroad r]ght-of-wa~
767 03 feet to a point,
THENCE N76'4G 29'~ along the North r~ght-of-way line of sa~d Raj]road rIght-of-way, 213 8g
feet to the POINT OF BEGINNING and containing ~8 626,938 square feet or 427 626 acres of
]and