1994-002e:\wpdocs\ord\country.o
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE CONCEPT
PLAN FOR THE PLANNED DEVELOPMENT (PD) DISTRICT CLASSIFICATION AND
USE DESIGNATION ADOPTED PURSUANT TO ORDINANCE 86-145 BY REPEALING
THE ORIGINAL CONCEPT PLAN AND USES PROVIDED THEREUNDER AND ADOPTING
A GENERAL CONCEPT PLAN OF 21.54 ACRES AND A DETAILED PLAN OF 142.39
ACRES FOR RESIDENTIAL, GOLF COURSE AND OPEN SPACE USES FOR
APPROXIMATELY 164 ACRES OFLAND BEING LOCATED GENERALLY ADJACENT TO
U.S. HIGHWAY 377 AT BRUSH CREEK ROAD; GRANTING SIGN VARIANCES;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, DDC Development Group, Inc. has applied for an
amendment to the Planned Development (PD) District Classification
and Use Designation adopted pursuant to Ordinance No. 86-145, by
requesting the approval of a general concept plan for 21.54 acres
and a detailed plan for 142.39 acres for residential, golf course
and open space uses; and
WHEREAS, the applicant has requested deviations from the
standards of the Signs and Advertising Devices Chapter of the Code
of Ordinances as allowed by section 33-183 (c) of such ordinance;
and
WHEREAS, the city Council finds that allowing the applicant an
additional sign and increasing the height limit for such signage
does not violate the criteria established by section 33-254 of the
Signs and Advertising Devices Chapter since: (a) the signs are
well integrated into the entry walls for the subdivision, (b) the
signs are in scale with the proposed development and potential
development in the area, (c) the size and shape of the signs relate
well to their surroundings, (d) the signs will be placed out of the
sight triangle for the street intersecting with entrance to the
subdivision, and (e) the illumination of the signs will be directed
at the signs and screened by landscaping from nearby lots; and
WHEREAS, on December 8, 1993 the Planning and Zoning Commis-
sion, after a public hearing, recommended approval of the requested
changes; and
WHEREAS, the city Council finds that the proposed amendments
will be in compliance with the Denton Development Plan; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Ordinance No. 86-145, providing approval of a
planned development (PD) zoning district classification and use
designation for approximately 164 acres of land as described in
Exhibit "A", is hereby amended by repealing the original concept
plan and the uses provided thereunder and adopting a General
Concept Plan for 21.54 acres and a Detailed Plan for 142.39 acres
for residential, golf course and open space uses as described in
Exhibit "B", relating to Denton Country Club Estates, such Exhibits
being attached hereto and made a part hereof for all purposes.
SECTION II. That the variances to the sign ordinance set forth
in t~is ordinance are hereby granted.
SECTION III. That the provisions of this ordinance as they
apply to the General Concept Plan, the Detailed Plan, the uses
provided thereunder, the sign ordinance variances and the
subdivision rules and regulations variances set forth in this
ordinance shall govern and control over any conflicting provision
of Ordinance No. 86-145, but all the provisions of Ordinance No.
86-145 as they apply to that remaining portion of the PD zoning
district classification and use designation not herein amended,
shall continue in force and effect and shall apply to the remainder
of said district.
SECTION IV. That a copy of this ordinance shall be attached to
Ordinance No. 86-145, showing the amendment herein approved.
SECTION V. That any person violating any provision of this
ordinance shall, upon conviction, 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 VI. That this ordinance shall become effective
fourteen (14) days from the date of its passage, and the city
Secretary is hereby directed to cause the caption of this ordinance
to be published twice in the Denton Record-Chronicle, the official
newspaper of the city of Denton, Texas, within ten (10) days of the
date of its passage. ~ ~
PASSED AND APPROVED this the day of , 1994.
BOB CASTLEBERRY, MAYOR/ ~
/
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
PAGE 2
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
PAGE 3
BXH1BIT
Page 1 of 2
ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE H.
HAGGOOD SURVEY, ABSTRACT NUMBER 517; THE W. HUDSON SURVEY,
ABSTRACT NUMBER 586; AND THE GEORGE W. DAUGHERTY SURVEY, ABSTRACT
NUMBER 351, DENTON COUNTY, TEXAS AND BEING ALL OF A TRACT SHOWN BY
DEED TO JOE W. RHOADES, RECORDED IN VOLUME 639, PAGE 486, DEED
RECORDS, AND BEING ALL OF A TRACT SHOWN BY DEED TO HERBERT E. WYSS,
RECORDED IN VOLUME 1042, PAGE 834, DEED RECORDS, AND BEING ALL OF A
TRACT OF LAND SHOWN BY DEED TO EWELL BURKHALTER, ET AL, RECORDED
IN VOLUME 886, PAGE 602, DEED RECORDS OF SAID COUNTY AND BEING MORE
FULLY DESCRIBED AS FOLLOWS:
Beginning at the intersection of the East right-of-way linc of U.S. Highway 377 and the
South right-of-way line of Brush Creek Road, said point being the POINT OF BEGINNING:
Thence proceed South 89°41'40% a distance of 555.00 feet to a point and comer;
Thence proceed North 09°30'13' East, a distance of 30.31 feet to a point and comer;
Thence proceed South 89°41'40" West, a distance of 591.88 feet to a point and comer;
Thence proceed South 00°18'19' East, a distance of 100.00 feet to a point and comer;
Thence proceed South 47°54'53.' East, a distance of 389.97 feet to a point and comer;
Thence proceed South 80°57,59' East, a distance of 120.00 feet to a point and comer;
Thence proceed South 58°16'27u East, a distance of 523.35 feet to a point and comer;
Thence proceed South 00°33'13" West, a distance of 145.00 feet to a point and comer;
Thence proceed North 89015'26' West, a distance of 163.84 feet to a point and comer;
Thence proceed South 00°51'55~ East, a distance of 394.53 feet to a poxnt and comer;
Thence proceed South 02059'17'' West, a distance of 919.66 feet to a point and comer;
Thence proceed North 89°38, 13' West, a distance of 1452.92 feet to a point and comer;
Thence proceed South 00° 13' 18' West, a distance of 1032.26 feet to a point and corner;
Thence proceed South 79°10'32" West, a distance of 591.60 feet to a point and corner;
Thence proceed South 79°06'55' West, a distance of 1260.43 feet to a point and comer;
EXHIBIT A
Page 2
Thence proceed North 50°07'44' West, a distance of 399.90 feet to a point and comer;
Thence proceed North 27°28'00' East, a distance of 309.74 feet to a point and comer;
Thence proceed North 79°01'16' ga~t, a distance of 246.68 feet to a point and comer;
Thence proceed North 25018'56' East, a distance of 488.75 feet to a point and comer;
Thence proceed South 76o08, 10" West, a distance of 232.86 feet to a point and comer;
Thence proceed North 27°28'00H East, a distance of 2128.68 feet to a point and comer;
Thence proceed North 33°09'14" '~.q ~a distance of 301.15 feet to a point and comer;
Thence proceed North 27°37'11~ East, a distance of 294.39 feet to a point and comer;
Thence proceed North 58°35'38~ East, a distance of 156.33 feet to the POINT OF
BEGINNING.
EXH%BIT B ~
Page 1 of 2
'~enton Country Club Estates NORTH
Date 12/4/93 Scale: None
EXHIBIT B ~
Page 2
'3enton Country Club Estates (Sign Detail)NORTH
Date: 12/4/93 Scale: None