1997-205 NOTE Amended by Ordinance No 99-432
O INANCE NO q 7-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A REVISED DETAILED
PLAN FOR PLANNED DEVELOPMENT NO 35 (PD-35) FOR THE 70 654 ACRES AS SHOWN
1N THE ATTACHED DETAILED PLAN, THE SUBJECT PROPERTY BEING LOCATED
BETWEEN U S 377 AND F M 1830, APPROXIMATELY 1,700 FEET SOUTH OF HOBSON
LANE, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS, D R Cameron & Associates, on behalfofH S Osborne, owners of the subject
property, has apphed for approval cfa revised detailed plan for the 70 654 acres described in Exlmbit
A, which constitutes Planned Development 35 (PD-35), a planned development district established
by Ordinance 81-79, and
WHEREAS, on June 11, 1997, the Planmng and Zomng Comrmsmon recommended approval
of the requested detad plan, and
WHEREAS, the Cay Council finds that tbas detmled plan will be in compliance with the
Denton Development Plan, NOW, THEREFORE,
THE COUNC1L OF THE CITY OF DENTON HEREBY ORDAINS
Section I That Ordinance No 81-79, as ~t relates to Planned Development Dmtnct 35 (PD-
35), consisting of 70 654 acres more particularly described by the legal description attached hereto
and incorporated herein as Exhibit A, is hereby amended by adopting a rewsed detmled plan for the
70 654 acres, smd detmled plan being attached hereto and incorporated herein as Exhibit B for all
purposes, subject to the following conditions
A The acqmmiort, dedication, and inclusion of an approximately 20-acre site for a pubhc
park
B Construction ofaddmonal infrastructure to the park site to provide access for the first
adjacent houses built in the subdivision
Sectaon II That Ordinance No 81-79 as amended, shall remain in full force and effect, save
and except as amended by this ordinance
S~Ctlon III That a copy ofttus ordinance shall be attached to Ordinance No 81-79
Section 1V That any person v~olatmg any provlmon oftbas ordinance shall, upon conviction,
be freed a sum not exceeding $2,000 00 Each day that a provision oftbas ordinance is violated shall
constitute a separate and distinct offense
SeXton V That flus orchnance shall become effective fourteen (14) days fi'om the date of~ts
passage, and the Cxty Secretary is hereby dtrected to cause the caption of this ordinance to be
pubhshed trace m the Denton Record-Chronicle, a dally newspaper pubhshed m the Cay of Denton,
Texas, w~tban ten (10) days of the date or,ts passage
PASSED AND APPROVED tbas the t/~ dayof ~ , 1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE2
~E N 4~ ~ 3~ W, 2362e fHt~ h ~ h d~ RW~ I
~n~ ~, T~s. ~ in bon r~ found f~ com~ ~ said
S~Y~ C~CATE
ORDINANCE NO qT'
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 97-
205, TO PROVIDE FOR A CHANGE IN TI-I~ 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,
W-EST 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 applied for an amendment m zoning for
7 626 acres of land on Planned Development (PD-35) by askang for approval of a rexased detaded
plan for the 7 626 acres, and
WHEREAS, on October 27, 1999, the Planmng and Zomng Commission recommended
approval of the requested change in zomng, and
WHEREAS, the City Council finds that the change in zomng will be consistent w~th 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 I That ordinance 97-205 providing approval of a revised detmled plan for
Planned Development No 35 is hereby amended for the 7 626 acre property described in the legal
description attached hereto and ~ncorporated herein as Ex2ublt "A", by approval ofa rewsed detmled
plan as described m Exl~blt "B", wl~ch is attached hereto and incorporated herein by reference The
7 626 acre property shall be subject to the following additional condition
1 The exterior of the homes to be constructed shall consist of at least 75% brick,
windows and doors excepted
SECTION 2 That a copy of tlus ordinance shall be attached to Ordinance No 97-205,
showing the amendment herein approved
$]~CTION 3 That any person violating any provision of tlus ordinance shall, upon
convmt~on, be freed a sum not exceeding $2,000 00 Each day that a provision oftlus orchnance is
violated shall constitute a separate and distinct offense
SECTION 4. That if any section, sub-section, paragraph, clause, phrase, or proxasions oftbas
ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity
oftlus ordanance as a whole or any part of promslous hereof, other than the part so decided to be
invalid or unconstitutional
SECTION 5 That Ordinance No 97-205, as amended, shall remain m full force and effect,
save and except as amended by tins ordxnance
SECTION 6 That thzs ordinance shall become effectxve fourteen (14) days fi-om the date
ofxts passage, and the C~ty Secretary is hereby dxrected to cause the captxon of this ordinance to be
pubhshed twice m the Denton Record*Chromcle, a dmly newspaper pubhshed m the C~ty of Denton,
Texas, within ten (10) days of the date ofxts passage
JAC AYOR
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2
EXHIBIT A
LEOAL DESCRIPTION
WHBREAS, PULTE HOME CORPORATION OF TEXAS, lS the owner ora two tracts of land s,tuated m
tho B B B & C R.R. Surwy, Aba'act No 196, In the City of Denton, Denton County, Texas, being part of
a ?0 654 acr~ of land, as demonbod In Clerks FIle No 97-R0055782, m tho Deed Records of Denton County,
Texas, being Inoro part~ouinrly described as follows
BEGINNING, at a ½ Inch ~ron rod found at tho Inost northerly of the most westerly northwest comer of Bent
Crook Phase I, an ad&t~un to tho C,ty of Denton, Texas, as described m Volume O, Pages 85-86 m Map
Records of l]~nton County, Toy. as and beu~ in the intersection of the south right of way line of U S Highway
377 (Variable wldth R O W ) and the north n~ht of way line of Mosscreek Drive (50' R O W ),
THENCE, North 44004'42" East, along the smd R.O W of U S I-I~ghway 377 and along the north line of sa,d
70 654 aero tract for a &stanee of 115 00 feet to a ½ Inch Iron rod found,
THENCE SOUth 46°06'03" East, departing the smd R O W and along the westerly northeast line of the smd
70 654 acre tract for a d~stanee of 634 64 feet to a ½ mob iron rod found, said Iron being m the north hne of
Bent Creek Phase II,
THENCE, South 43°45'39" West, along smd north line for a thstance of 115 00 feet to a ½ tach iron rod
found, smd iron being In the North right of way hne of Messoreek Drive,
THENCE, North 46°06'03" West, continuing along the said north R O W line of Nlossoreek Drive for a
~hstanc~ of 635 28' to POINT OF BEGINNING and containing 1 675 acres of land
TRACT II
BEGINNING, at a ½ Inch ~ron rod found at the Inost southerly of the Inost westerly northwest corner of Bent
Crook Phase 1, an ada,tlon to the City of Denton, Toyms, as described In Volume O, Pages 85-86 In Map
Records of Denton County, Toy. as and b~mg In the intersection of the south n~ht of way line of U S Highway
377 (Variable vadth R O W ) and the south n~ht of way line of Mossoreek Drive (50' R O W ),
TH]~CE, South 46006'03" East, along smd south R O W line of Mosscreek Drive for a dmtance of 635 56
feet to a ½ inoh ~ro~i rod found,
THENCE, South 43°4Y39" We~t, departm~ the smd R 0 W along the northwest line of said Bent Creek
Sub(hvlslon Ph I, for a &stance of 467 67 feet to a ½ mob ~ron rod found m the North R O W line of the O C
· ~' S F Rmlroad,
THENCE, North 35°23'10" West, along tho smd north R O W line for a &stance of 649 09 feet to a ½" ~rnn
rod s~t, smd point lying in the south n~ht of way line of U S I-5ghway 377,
THENCE, North 44004'42" East, along tho smd south right of way line of U S Hwy 377 for a &smnc~ of
347 00 feet to the POINT OF BEGINNING AND CONTAINING 5 951 ACRES OF LAND