1999-432ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 97-
205, TO PROVIDE FOR A CHANGE IN THE DETAILED PLAN FOR PLANNED
DEVELOPMENT (PD-35), BY APPROVING A REVISED DETAILED PLAN FOR 7 626 ACRES
OF LAND LOCATED ON THE CORNER OF U S HWY 377 AND THE SANTA FE RAILWAY,
WEST OF F M 1830, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000 00 FOR VIOLATIONS THEREOF, PROVIDING FOR A SEVERABILITY CLAUSE,
PROVIDING FOR A SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE (Z-
99-079)
WHEREAS, D R Cameron and Associates, has apphed for an amendment m zomng for
7 626 acres of land on Planned Development (PD-35) by askang for approval of a revised dettuled
plan for the 7 626 acres, and
WHEREAS, on October 27, 1999, the Planning and Zomng Conumsslon recommended
approval of the requested change m zomng, and
WHEREAS, the City Council finds that the change ~n zomng will be consistent w~th the
1988 Denton Development Plan, the 1998 Denton Plan Pohc~es, and the 1999 Growth Management
Strategies and Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That ordinance 97-205 prowd~ng approval of a revised detailed plan for
Planned Development No 35 ~s hereby amended for the 7 626 acre property described m the legal
descnptlon attached hereto and mcorporated here~n as Exinint "A', by approval of a revised det~uled
plan as descnbed m Exinbit "B", winch is attached hereto and incorporated hereto by reference The
7 626 acre property shall be subject to the following additional condmon
The exterior of the homes to be constructed shall consist of at least 75% brick,
windows and doors excepted
SECTION 2 That a copy ofth~s ordinance shall be attached to Ordinance No 97-205,
showing the amendment hereto approved
SECTION 3 That any person vlolatmg any provis~on of tins ordinance shall, upon
convmt~on, be fmed a sum not exceeding $2,000 00 Each day that a prows~on oftlus orchnance is
violated shall constitute a separate and d~stmct offense
SECTION 4. That if any section, sub-sectton, paragraph, clause, phrase, or pmxnslons of tins
ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity
of this ordinance as a whole or any part ofpmms~ons hereof, other than the part so demded to be
invalid or unconstitutional
SECTION 5 That Ordinance No 97-205, as amended, shall remam m full force and effect,
save and except as amended by tins ordinance
~ That this ordinance shall become effective fourteen (14) days from the date
of its passage, and the City Secretary ~s hereby dareeted to cause the caption ofthts ordinance to be
published twtce m the Denton Record-Chromcle, a dmly newspaper published tn the City of Denton,
Texas, wltlun ten (10) days of the date of its passage
PASSED AND APPROVED this the
JACK I~ER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2
EXHIBIT A
LEOAL DESCRIPTION
WHEREAS, pULTE HOMB CORPORATION OF TEXAS, Is the owner of a two tracts oflund s,tuated m
the B B B &'C R R Survey, Abstract No 196, m the City of Denton, Denton County, Texas, betng part of
a 70 654 acres of land, as described m Clerks File No 97-R0055782, m the Deed Records of Denton County,
Texas, being more pamenlarly described as follows
BEGINNIN(], at a ½ inch ~ron rod found at the most northerly of the most westerly northwest comer of Bent
Creek Phase i, an adchtton to the C,ty of Denton, Texas, as described m Volume O, Pages 85-86 m Map
Records of Denton County, Texas and being m the mtersectlon of the south right of way line of U S Highway
377 (Variable w~dth R O W ) and the north right of way Ime of Mosscreek Drive (50' R O W ),
THENCE, North 44004'42" East, along lhe smd R~O W ofU S Highway 377 and along the north line of said
70 654 acre tract for a distance of 115 00 feet to a ½ mch iron rod found,
THENCE SoUth 46006'03" Faa, departing the said R O W and along the westerly northeast line of the said
70 654 acre lract for a distance of 634 64 fe.~ to a ½ tach iron rod found, said iron being m the north line of
Bent Creek Phase II,
THENCE, South 43°45'39'' West, along smd north line for a d,stance of 115 00 feet to a ½ tach iron rod
found, said Iron bemg m the North right of way line of Mosscrcek Drive,
THENCE, North 46°06'03'' West, enntmumg along the said north R O W linc of Mosscreek Drive for a
distance of 635 28' to POINT OF BEGINNING and containing 1 675 acres of land
BEGINNINO, at a ½ tach non rod found at the most southerly of the most westerly northwest comer of Bent
Creek Phase I, an addition to the City of Denton, Texas, as described m Volume O, Pages 85-86 m Map
Records of Deaton County, Texas and benlg m the mterseouon of the south right of way lme of U S Highway
377 (Variable vndth R O W ) and the south right of way line of Mossereek Drive (50' R O W ),
THENCE, South 46006'03'' East, along said south R O W line of Mosscreek Drive for a &stance of 635 56
feet to a ½ tach lrog rod found,
THENCE, South 43045'39" West, dspartmg the smd R O W along the northwest line of said Bent Creek
Sub&vision Ph I, for a distance of 467 67 feet to a ½ tach ~ron rod found m the North R O W line of the G C
& S F Paulroad,
THENCE, North 35°23'10" West, along the smd north R 0 W line for a distance of 649 09 feet to a ½" iron
rod set, said point lying m the south right of way line of U S Highway 377,
THENCB, North 44004'42" East, along tho smd south right of way line ofU S Hwy 377 for a distance of
347 00 feet to the POINT OF BEGINNING AND CONTAINING 5 951 ACRES OF LAND