1998-243Z98-033
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, RESCINDING ORDINANCE 82-20
CREATING PLANNED DEVELOPMENT 37 (PD 37) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION, AND PROVIDING FOR A CHANGE FROM SINGLE FAMILY 7
(SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, TO ESTABLISH
PLANNED DEVELOPMENT 167 (PD 167) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION, CONTAINING 2 112 ACRES LOCATED ON THE SOUTH SIDE OF EAGLE
DRIVE, THE WEST SIDE OF KENDOLPH DRIVE, THE NORTH SIDE OF WILSHIRE
STREETI AND THE NORTH SIDE OF THE SOON TO BE REALIGNED AVENUE D,
PROVIDING FOR THE APPROVAL OF A DETAILED PLAN AND LANDSCAPE PLAN FOR
SAID DISTRICT, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00
FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Bill Ward, on behalf of the five (5) property owners, Umverslty of North Texas,
Jose Toledo, the Gore Fanuly Realty, ltd, the Norrmle Family Partners and the MIRAI Corporation,
has apphod for a change in zoning for 2 112 acres of land from Planned Development 37 (PD-37)
zoning district classification and use designation and Single Family 7 (SF-7) zomng district
classification and use designation to Planned Development 167 (PD 167) zonmg chstnct classrficatlon
and use designation, and the approval cfa detailed plan and landscape plan for 2 112 acres located
therein, and
WHEREAS, on July 22, 1998, the Planmng and Zomng Comrmsslon recommended approval
of the requested change in zoning, and
WHEREAS, on July 22, 1998, the Planning and Zoning Commission recommended
rescinding planned development 37 (PD-37) and approval of the detailed plan and landscape plan wath
the condition that on-site visitor parlang spaces be included, and
WHEREAS, the City Council finds that the change in zoning will be in compliance vath the
1988 Denton Development Plan and the 1998 Denton Plan Policies, NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That Ordinance 82-20, which created Planned Development 37 (PD 37), is
hereby rescinded
SECTION II That a copy oftlas ordinance shall be attached to Ordinance 82-20, showing
that it has been rescinded
SECTION III That the zoning district classification and use designation of the 2 112 acre
property described in the legal description attached hereto and incorporated herein as Exhibit A, is
changed from Planned Development 37 (PD-37) zoning district claslficanon and use designation and
Single Family 7 (SF-7) zomng district classification and use designation to Planned Development 167
(PD 167) zomng district classification and use designation under the comprehensive zoning ordinance
of the City of Denton, Texas by approving the detmled plan wl~ch is attached hereto as Exlublt "B"
and ~ncorporated here~n and subject to the following condition
1 That as part of the platting process for PD-167 that a crosswalk be ~ncluded at the
intersection of Kendolph and Eagle Drive
SECTION IV That a landscape plan attached as Exhibit "C" and mcorporated here~n, for
the 2 112 acres comprising Planned Development 167 (PD 167) zomng dlstnct descnbed by Exlub~t
A, ~s hereby approved
SECTION V That the C~ty's officml zomng map ~s amended to show the change m zomng
d~stnct classification
SECTION V That any person wolatmg any provlston of th~s ordinance shall, upon
conv~ctlon, be fined a sum not exceeding $2,000 00 Each day that a provmsion of this ordinance ~s
wolated shall constitute a separate and d~st~nct offense
SECTION IV That fins ordinance shall become effective fourteen (14) days from the date
of~ts passage, and the C~ty Secretary ~s hereby d~rected to cause the caption ofth~s ordinance to be
pubhshed twice m the Denton Record-Chromcle, a dady newspaper pubhshed ~n the City of Denton,
Texas, vatlun ten (10) days of the date or,ts passage
PASSED AND APPROVED thls the /~dayof ~ , 1998
JAC~I~LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
F ~hared~dept~OL~Our Doeument~\OrdmaneesL98~Z 98 033 Ordinance doc
PAGE 2
EXHIBIT A
PEOPFRTY DESCRIPllON
2 112 aero tract of land eduoted in the E PuchoIski Survey, Abstract No gg6 Denton Count~, Texos
~nd being m portion of Lot 1. mhd =fl of Lots 2-4. Block A J S ~llioms Add~bon to the City of
Denton oceording to the plok recorded m Volume 343, Pegs 436, Pl~t Records, Denton
Texas, amid 2 112 mcr. froot beMg ~ portlen of ~ certain treat of Iond described by deed to J
EQfoel Toledo end recorded in Volume 1130, Pmge g67, Deed Records, Denton County, Tax.e. bemg ell
of two carte= ~rmcts of Imnd demcrlbmd by deeds ~e Jose Re,eel Toledo ~nd recorded m Volume 1135
Peg. 75. meld deed records ~nd to Herald R ~ore ~nd Betty G ~ore end recorded in Inekmment No
97-80223, being ~ portion of three certain trect~ o~ Iond os described by deeds to the Stet. of
Texas for the uae end benefit of North Texo. St=to Umvers~iy end recordsd In Volume god. Page 867
Volume 18~1, P.ge 8gO end Volume go8, Peg. 177, Deed Records Oenton County, Texas, being a port,on
of Ave~e D Qnd said ~ 112 .cra tract of IQnd being mere porbcul~rly described by metes mhd bounds
~s follows:
5eginnlng ~}, o~/8' Iron pin set ~n the west right-of-way hne of Kendolph Drive and sc~d po~nt be~rs
South 03~758 East. ~ distance of 1500 feet from the northeast corner of sold Lot 1 Block A
and said north.cst corner bemg In the south rlght-of-wey hne of Eagle Drive,
~ence South 03'07'58" [cst, clang sc~d west right-of-way hne of Kendolph DHve. c d~stonce
of 310 36 feet to ~ 3/8' ~ron pin found ct the southeos~ corner ef sold Lot 4, Block A end .cid poet
also being m the north right-of-way line of ~lsh=re Lone,
Thence $o~th 58 29'54' West. clang sold north Hghi-of-w~y lee of ~lsh~re Lone and clang the
south property line of said Lot 4, a d~stonce of 133 25 feet to o 3/8" ~ron pin found et the southwes~
corner of sold Lot 4, sc~d iron pin c~so being the south.cst corner of o certom tract of land described
b~ deed ~o ~ore [emily Pcrtner~, L~ end recorded m instrument No g3-36700, s~td deed records,
~ence North 03'07'55' West, leaving sold north right-of-way h~e and oread co~mon I]ne~
sold Lot 4 end sold ~ore tracts, c d~stcnce of ~0483 feet 1/Z ~ron p~n found ~ ~he north.cst corner
of sa,d ~ore tract,
~ence South 87~137~ West, e di~t~nce o~,185 42 feet to o 5~8" iron pm set In the proposed new
easterly right-of-way line of Avenue D (80 pubhc right-of-way) and so~d pelnt being ~n a cu~e
the left whose r~dlus 1. 34000 fee~ on~ I~ng chord bears North 46'32'15" Wes~, 155 57 feet.
~ence ~long s~d easterly right-of-w~y line and o and sold curve ~n c northwesterly direction
through e central angle of 26'26'59". cn ccc length o{ 156 g6 feet to o 5/8" Iron p~n set,
~ence North 59'45'44" West, contl~ulng along sold easterly r~ght-of-wcy hne. ~ d~st~nce of 34 89
feet tO c 5/8" Iron pin set ct the Iht?section of sc~d ecsteHy right-of-way hne Avenue D end
proposed new sou{herly rlght-o~-wcy hne of Ecgle Drive end so~d point c~so bei, g ~n ~ curve [o the
right whose fcdius ls 20000 fast and long chord beats North 6330'49" E~st, 15675 fee[
Thence Olong s~ld southerly rl~ht-of-woy line ~nd clang so~d curve m c northeasterly direction
through a central ongle of 46'08'37". on crc length of 161 07 feet to o P-K nail set.
~ence Nor{h 86'35'11" East. c d~stonce of 755 feet to c P-K nc~l set.
~ence North 0321'1~" West, o d~stonce of 1000 feet to o P-K nc~l set,
~ence North 8635'11" Ecst. 15 O0 feet poreltel wdh the south right-of-way hne of Ecg~e Orlve.
o distance of 30328 fast to the Point of Beginmng and contoimng g2 335 square feet or 2112 cores
of land
DATE JULY 6. 1998
EXHIBIT A
SCALE' I' ' 100'
N 05'21'12" W
N 86'3.~ E
D=46'08'37"
R=200. O0
L=161.07
L.C ~Nt EAGLE DRIVE - 1~' POINT OF
BEGINNING
156.~ ,so~ P~,
~ 92,333 S / ~ 1t2 ACRE
P~ s~ ~
R= ~ SET
56.96
155. 133
/8' IR~ PIN
~LS~IgE ~E
0AlE ,JUt. Y 6, 1998