1996-155 ORDINANCE NO ~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION TO A PLANNED DEVELOPMENT (PD) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION BY APPROVING A DETAIL PLAN FOR
THAT PLANNED DEVELOPMENT FOR 4 104 ACRES OF LAND LOCATED ON THE
WEST SIDE OF HIGHLAND PARK ROAD, JUST NORTH OF WESTRIDGE STREET,
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIO-
LATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Tremont-Kelsoe/Pltner Joint Venture initiated a
change in zoning by applying for approval of a detail plan for
4 104 acres of land from the Single Family 7 (SF-7) zoning dlstr~ct
classification and use designation to a Planned Development (PD)
zoning d~strlct classlf~catzon and use deszgnat~on, and
WHEREAS, on June 26, 1996, the Planning and Zoning Commission
recommended approval of the requested change in zoning and approval
of the detail plan, and
WHEREAS, the City Council finds that these changes ~n zoning
w~ll be in compliance with the Denton Development Plan, NOW,
THEREFORE
THE COUNCIL OF THE CITY QF DENTON HEREBY ORDAINS
SECTION I That the zoning d~strlct classification and use
designation of the 4 104 acres of land descrlbed in Exhibit 1,
attached hereto and incorporated herein by reference, is changed
from the Single Family 7 (SF-7) zoning district classification and
use designation to a Planned Development (PD) zoning district
classification and use designation by adopting the detail plan,
attached hereto and ~ncorporated here~n as Exhibit 2 for all
purposes, in accordance wlth D~v~slon 2 of Article IV of Chapter 35
of the Code of Ordinances
SECTION II That the provisions of th~s ordlnance as they
apply to the 4 104 acres described by Exhibit 1 govern and control
over any conflIcting provision of Ordinance No 69-01 or ~ts
amendments, and the City's official zoning map is hereby amended to
show the change 1n zoning d~str~ct classification
SECTION III That the C~ty Attorney and C~ty Manager, or
their designates, are hereby authorized to review and approve as to
form and compliance restrictive covenants and indemnification
language contained w~thln deeds and property association bylaws
SECTION IV That any person v~olat~ng any provision of this
ordinance shall, upon conv~ctlon, be fined a sum not exceeding
$2,000 00 Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense
SECTION V That this ordinance shall become effective four-
teen (14) days from the date of its passage, and the City Secretary
is hereby darected to cause the captaon of thas ordanance to be
published twace an the Denton Record-Chronicle, a dally newspaper
publashed an the City of Denton, Texas, wlthan ten (10) days of the
date of ats passage
PASSED AND APPROVED thas the/~~ day of ~ , 1996
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
4 104 ACRES
FIELD NOTES for all that certain tract of land situated zn the A N B
Tompklns Survey Abstract Number 1246, City and County of Denton, Texas
and bezng all of the called Four acre tract descrzbed zn the deed from
Lula G Johnson to I R Williams recorded zn Volume 273, Page 555 of the
Deed Records of Denton County, Texas, also being all of the 0 057 of an
acre tract descrzbed zn the deed form Robert N Laremore et ux to Eugene
P Wrzght et ux recorded zn Volume 1989, Page 988 of the Real Property
Records of Denton County, Texas and all of the 0 061 of an acre tract
described in the deed from Max F Oelschlaeger, II et ux to Eugene P
Wright et ux recorded in Volume 1989, Page 992, the sub]ect tract being
more partzcularly described as follows
BEGINNING for the Northeast corner of the tract being described herein
at the Northeast corner of the said Four acre tract at a fence corner
post on the West lzne of Highland Park Road,
THENCE South 00 Degrees 27 Minutes 00 Seconds West wzth the West l~ne of
Highland Park Road a dzstance of 261 99 feet to a bols d'arc fence
corner post at the Southeast corner of the Four acre tract and the
Northeast corner of a called 0 283 acre tract described in the deed to
Max F Oelschlaeger II et ux recorded in Volume 772, Page 11 of the said
Deed Records,
THENCE North 89 Degrees 55 Mznutes 42 Seconds West along a fence with
the South line of the Four acre tract a distance of 246 14 feet to an
zron stake found at the Northeast corner of the Oelschlaeger to Wrzght
tract,
THENCE South 00 Degrees 30 Minutes 19 Seconds East with the East l~ne of
the samd Oelschlaeger to Wright tract a distance of 100 02 feet to a 1/2
inch ~ron rod found at the Southeast corner thereof in the North line of
W~steria Street as shown on the plat of W~llowwood Add,tmon recorded in
volume 8, Page 18 of the Plat Records of Denton County, Texas,
THENCE South 89 Degrees 55 Mmnutes 24 Seconds West wmth the North line
of the said Wmsteria Street and the South line of the said Oelschlaeger
to Wrmght tract passing at 26 35 feet a 1/2 inch mron rod at the
Southwest corner thereof and the Southeast corner of the Laremore to
Wrmght tract and continuing, in all, a total dmstance of 52 33 feet to a
1/2 inch iron rod found at the Northeast corner of Lot 1, Block A of
Willowwood Addition and the Southeast corner of the tract descrmbed ~n
the deed from Robert N Laremore et ux to Frank J Martmn et ux recorded
under Clerk's File Number 93-R0059720 of the samd Real Property Records,
THENCE North 00 Degrees 46 Minutes 05 Seconds East with the East line of
the sa~d Martmn tract a dmstance of 100 06 feet to a 1/2 mnch iron rod
set at the Northeast corner thereof in the South line of the 2 500 acre
tract described in the deed from I R Williams to Eugene P Wrmght et ux
recorded in Volume 1990, Page 1,
PAGE 2
TOMPKINS SY
STRANGE
THENCE South 89 Degrees 57 Minutes 18 Seconds West with the South line
of the 2 500 acre tract a distance of 365 51 feet to a 5/8 inch iron rod
found 0 4 feet East of a fence corner post at the Southwest corner of
the 2 500 acre tract and the Four acre tract,
THENCE North 00 Degrees 31 Minutes 29 Seconds East w~th the West line of
the 2 500 acre tract and the Four acre tract a distance of 263 36 feet
to a steel fence corner post at the Northwest corner thereof,
THENCE South 89 Degrees 52 Minutes 32 Seconds East with the North l~ne
of the 2 500 acre tract a distance of 413 37 feet to a 1/2 inch ~ron rod
found at the Northeast corner thereof,
THENCE South 89 Degrees 53 Minutes 48 Seconds East w~th the North l~ne
of the Four acre tract a distance of 248 03 feet to the PLACE OF
BEGINNING and enclosing 4 104 acres of land
slh
]d58/96046