1985-015978L
NOTE Amended by Ordinance No 97-235
NO
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS,
AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF
THE CITY OF DENTON, TEXAS BY ORDINANCE NO 69-1 AND AS SAID MAP
APPLIES TO 129 245 ACRES OF LAND LOCATED ADJACENT AND EAST OF F M
428 (SHERMAN DRIVE) AND ADJACENT AND NORTH OF KINGS ROW AND THE
CAMBRIDGE SgUARE SUBDIVISION, AND IS MORE PARTICULARLY DESCRIBED
IN EXHIBIT 'A" ATTACHED HERETO AND MADE A PART HEREOF, TO PROVIDE
FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A"
DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT
"PD" DISTRICT CLASSIFICATION AND USE DESIGNATION, AND PROVIDING
FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I
That the zoning classification and use designation applicable
to all or part of the property described as Exhibit "A" attached
hereto and made a part hereof for all purposes is hereby changed
from Agricultural "A" District Classification and Use Designation
to Planned Development "PD" District Classification and Use
Designation under the Comprehensive Zoning Ordinance of the City
of Denton, Texas
SECTION II
That in approving this planned development district ordinance,
the City Council hereby approves a preliminary site plan showing
the general proposed land uses within the district Prior to the
issuance of any building permit for development within the district
or part thereof, a comprehensive site plan shall be required to be
submitted and approved as part of this ordinance in accordance with
Article 11, Appendix B-Zoning, of the Code of Ordinances
SECTION III
That the development of the property shall be in substantial
compliance with the comprehensive site plan attached hereto and
made a part herein for all purposes
SECTION IV
That prior to issuance of any certificate of occupancy for the
use of any building within the planned development district, the
following conditions shall be met
Development shall conform to approved zoning concept plan
2 Specific site plan approval is required for all developments
except single family (SF-10) and duplex housing Site plan
approval must be granted prior to the issuance of building
permits
3 Density in multi-family Sections C, E, and F shall be limited
to 18 units per acre
4 Gross retail acreage in Section D shall not exceed ten (10)
acres on final zoning concept plan
Z-1696/ROBERT HOLLOWAY CORPORATION/PAGE 1
5 Section B shall be limited to land uses permitted in the City
of Denton office (0) zoning district only
6 A minimum six (6) foot solid combination wood/masonry or
masonry fence shall be erected along all property lines where
residential land uses of any type abut retail and/or office
land uses
7 All City of Denton development standards, subdivision
regulations, land development codes, and building code
requirements shall be enforced unless expressly waived
in the approved planned development (PD) ordinance
8 Final street alignment shall be determined by the City
Transportation Engineer
SECTION V
That the City Council of the City of Denton, Texas, hereby
finds that such change is in accordance with a comprehensive plan
for the purpose of promoting the general welfare of the City of
Denton, Texas, and with reasonable consideration, among other
things for the character of the district and for its peculiar
suitability or particular uses, and with a view to conserving the
value of the buildings, protecting human lives, and encouraging
the most appropriate uses of land for the maximum benefit to the
City of Denton, Texas, and its citizens
SECTION VI
That this ordinance shall
be in
full
force and
effect
immediately after its passage and approval,
the required
public
hearings having heretofore been held by
f the
il
the
Cit
Planning and
of Denton
Zoning
Texas,
Commission and the City Counc
o
y
,
after giving due notice thereof
PASSED AND APPROVED this the
~ day
of
1985
R1V U v uta+vau~:,
CIT OFD TON, TEXAS
ATTEST
UT 0 T E 'A' 14IT, EZ I Y
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
JOE D MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
Z-1696/ROBERT HOLLOWAY CORPORATION/PAGE 2
E2HISIT A
All those certain tracts or parcels of land situated In the
County of Denton, State of Texas, being described in two
tracts as follows, to wit
FIRST TRACT
All that certain tract or portal of land situated in the
Samuel Ne Crackon Survey, A 817, City and County of Denton
Teas, being a ;"ass' of a (called) 153 163 acre tract described
in a deed from Toay Turner Trustee to Georgia Wands Akers
Nassey and Nolen Mortis Nilsen an February 3 1976 recorded
in Volume 772 pots 903, Deed Records of Denton County
Texas and being more fully described as fellows
SIGINNING at the West Southwest corner of said 1S3 $63
acre tract at the Intersection of the middle of a branch
with the Easterly right of way of P N Highway 629
TR6NCS N 300 38' 60w last with the Easterly right of
way of F N Highway 628 along And sear a fence a distance of
1176 08 feat to a steel pin an the Southerly right of ray of
a tract for proposed Loop 281 as described in a deed fro.
Georgia Wanda Akers Nasmry, et ol, to the State of Texas and
recorded in Volwa 1023, page 365, Deed Records of Denton
County,
THENCE Southeasterly with the South bounder: line of
said proposed Loop 389 the following{ 7 bearings nd distances
(1) N 76. 21' 09' E 60 71 feet, (2) S 66. 68' 31 E
136 39 feet, (3) S 600 31' 105" E 266 66 feet (6) S 62•
06 $2, E 190 19 foot, (5) S 630 01' 01 E 603 11 feet
(6) S 66. 16' 07' ! 600 0 feet, and (7) S IS- 03' $1 E
ilt 07 tut to a steel pin en the !at boundary line of said
113 0563 acre tract and of said McCracken Survey
THINC! S 3. 37 69 West a distance of 2223 56 feet to
a steel pin at the Southeast corner of said tract and of
said McCracken Survey near a turn in Rings Row
THENCE N 97. OS' 36 West with the South boundary line
of the McCracken Survey in Rings Row a distance of 666 26
feet to the South Southwest corner of the 163 163 acre tract
in the middle of A branch,
THENCE N 30 15' 26 East 100 27 feet to the beginning
of a curve
THENCE Northwesterly around a curve to the left having
a centr angle of IS* 03' a chord of N 61. 66 06 West
93 60 falut a radius of 60 0 foot and an arc length of 92 21
fat to the and of said curve,
THENCE N 8S• 67 31 West 166 53 feet to s corner in
the middle of said branch,
THENCE Northwesterly around a curve to the right having
a control angle of 052. 16', a chord of N 69. 39' 36 West
19 77 fret, a radius ei N2 91 feet and an arc length of
92 96 feet to the and of said curve
THENCE N 33. 31' 36" West 738 66 Last to a corner in
said branch
THENCE N 29. 31' 36•' West 216 91 feet to a corner in
said branch
THENCE N 330 31' 36' West 653 17 feet to a corner in
said branch
THENCE N 559 6S' 36" West 91 0 feet to the Place of
Ieginning and containing in all 103 769 acres of land
Z-1696/ROBERT HOLLOWAY/PAGE 3
Salll117 "A' nmtamWtson
SECOND TRACT
All that certain tract or parcel of land situated in the
Samuel McCracken Survey, A 137, Denton County Texas being
part of a (called) 153 663 acre tract described in a deed
from Tony Turner, Trustee, to Goorgia Wanda Akers Massey
and Nolen Martin Wilson on February S. 1976 recorded in
Volume 772, page 903, Dead Records of said County and being
more fully described as follows
COMMENCING at the Northwast corner of said 1S3 $63 acre
tract at the intersection of the Easterly right of way of
F N Highway 421 with the middle of Hartle* Field Road
TH8NC8 S 30. 31' 40' Nest with the Easterly right of
way of F M Highway 421 a distance of 639 63 feet to a steel
pin at the place of beginning,
THENCE S 170 $9r 23' East a distance of 99S 01 feet to
a stem] pia on the last boundary line of the 1S3 $63 acre
tract and the East boundary line of the McCracken Survey
THENCE S 30 37' 49' Nest with the last boundary line
of said tract and of said Survey a distance of 1373 19 fast
to a steel pin on the North boundary line of a tract for
proposed Loop 211 as described in a deed from Georgia wands
Akers Massey, at al, to the State of Texas and recorded in
Volume 1023 page 362, Deed Records of Denton County
THENCE Northwesterly with the North boundary line of
proposed Lop 218 the following 5 bearings and distances
(1) N SO- 2~' 37" W 3$1 07 foot, (2) N 560 10 15 N
$00 0 feet (3) N 490 40' 43 N 446 41 feet (4) N S6
49' $3" N 147 6O feet, and (S) N 11. 40' 17 w 74 42 feet
to a steel pin on the most Westerly boundary line of the
153 $63 sere tract and on the Easterly right of way of F M
Highway 428
THENCE N 300 38' 40 last with said right of ray along
and near a fence a distance of $33 31 foot to the Place of
Beginning and containing in all 25 477 acres of land
Z-1696/ROBERT HOLLOWAY
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ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A DETAILED PLAN
FOR PLANNED DEVELOPMENT NO 90 (PD-90) WITH RESPECT TO 56 639 ACRES AS
SHOWN IN THE ATTACHED DETAILED PLAN, THE SUBJECT PROPERTY BEING
LOCATED BETWEEN SHERMAN DRIVE AND KINGS ROW APPROXIMATELY 1,500 FEET
NORTHEAST OF THE SHERMAN DRIVE/KINGS ROW INTERSECTION PROVIDING FOR
A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, GBW Engineers, on behalf of Bel Air Development LTD, has applied for
approval of a detailed plan for 56 639 acres described in Exhibit A, and located within Planned
Development No 90 (PD-90), a planned development district established by Ordinance 85-15, and
WHEREAS, on August 27, 1997 the Planning and Zoning Commission recommended
approval of the requested detail plan, and
WHEREAS the City Council finds that this detailed plan 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 85-15 as it relates to Planned Development District No
90 (PD-90), a planned development district comprising 129 245 acres of land, is hereby amended with
respect to 56 639 acres of land located therein and more particularly described in the legal
description attached hereto and incorporated herein as Exhibit A, by adopting a detail plan for said
56 639 acre parcel, such plan being attached hereto and incorporated herein as Exhibit B for all
purposes
SECTION II. That the provisions of this ordinance, as they apply to the 56 639 acres
described by Exhibit A, govern and control over any conflicting provisions of Ordinance No 85-15
as it relates to the subject property, but all the provisions of said ordinance as it applies to the
remainder of the planned development district not herein amended shall continue in force and effect
and shall apply to the remainder of said district
SECTION III. That a copy of this ordinance shall be attached to Ordinance No 85-15
showing the amendment herein approved
SECTION IV 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
5ECII-MA 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-Chromcle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage
PASSED AND ~ ~
1997 APPROVED this the v~ day of pSe ~~jy/
JAC L E R MAYO
ATTEST
JENNIFER WALTERS CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY 2~-c /I I t s I < Ixr cj
PAGE 2
EXHIBIT A
July 31, 1997 AUG U 6 1997 Samuel McCracken Survey
GBW No 97 058 03 Abstract Number 817
56 639 Acres DE`l~s I Denton County Texas
- -t,~
DESCRIPTION
A 56 639 acre tract of land out of the Samuel McCracken Survey Abstract Number 817 Denton County
Texas being part of the called 94 6232 acre tract of land (Tract II) as deeded to Tony A Riley and filed in
Clerks File Number 93 R0019780 Deed Records of Denton County, Texas (DRDCT)
COMMENCING for reference at a found 3/4 inch rod accepted as being the northeast comer of said Riley
deed and being in the south line of the variable width Right of Way for Loop 288 and being the northwest
comer of the called 63 494 acre tract as deeded to Gerald W Brown and Robert M Brown in Volume 1631,
Page 955 (DRDCT) from which point a concrete highway monument bears S 66°35 34' W a distance of 0 61
feet,
THENCE S 01 °5658' W with the east line of said Riley deed being the west line of said Brown tract a
distance of 977 46 feet to the POINT OF BEGINNING
THENCE continue S 01 °56 58 W with the line common to said Riley Deed and said Brown tract and partially
with the west line of The Meadows of Windy Hill Section 1, Phase 1, an addition to the City of Denton as
recorded in Cabinet M Page 306 Plat records of Denton County, Texas (PRDCT) a distance of 1143 29 feet
to a point for the southeast corner of the parcel herein described said point being the northeast corner of a
0 472 acre parcel of land deeded to the city of Denton for Kings Row and recorded in Clerks Record 96
R0087404 (DRDCT),
THENCE departing said east line and crossing said Riley Deed with the north line of said Right of Way parcels
in Clerks File 96 R0044823 and 96 R0087404 the following four courses and distances
1) S57°1645"W 6889 feet to a point
2) S 69°24'49" W, 66 37 feet to a point,
3) S 80°40'59" W 88 84 feet to a point
4) N 88-19 54" W, 669 97 feet to a point, said point being at the southeast comer of a 0 3843 acre parcel
of land as deeded to Denton Sherman Drive Joint Venture and recorded in Volume 1715, Page 836
(DRDCT) and being the northeast comer of a called 0 0913 acre parcel deeded to Teasley Road
Associates Seven and recorded in Volume 2246, Page 172 (DRDCT)
EXHIBIT A
Page 2 of 3
THENCE S 02°2848" W with the east line of said parcel a distance of 30 00 feet to a point on the south line
of said Riley Deed,
THENCE N 88°19 54" W with said south line a distance of 132 54 feet to the southwest corner of said Riley
Deed being the southeast corner of Cambridge Square subdivision, an addition to the City of Denton as
recorded in Volume 4 Page 38 (PRDCT)
THENCE N 02°2848' E with the west line of said Riley Deed and with the east line of Cambridge Square
a distance of 165 00 feet to a set %x' iron rod, being the northeast corner of Lot 11, Block E of said subdivision
said point being the northwest corner of said Denton Sherman Drive Joint Venture parcel and being in an
existing creek bed
THENCE with the west line of said Riley Deed and the east line of said Cambridge Square and with said creek
the following six courses and distances
1) N 87°31'12' W 96 53 feet to a iron rod set
2) With a tangent curve to the right,
R = 101 91 feet
Delta = 52° 16'00'
L = 92 97 feet
CB = N 61 °23 14'W
CO = 89 78 feet to a %i' iron rod set,
3) N 35-15'12' W, 738 68 feet to a h" iron rod set,
4) N 31 ° 15' 12"-V 214 94 feet to a W' iron rod set,
5) N 35° 15'12" W, 653 17 feet to a 1/2" von rod set
6) N 57°06'12' W, 78 38 feet to a point for the westernmost comer of the parcel herein described, being
the northwest comer of Cambridge Square, and being on the east Right of Way line for Sherman
Drive
THENCE N 29°04'08' E with the west line of said Riley Deed being the east line of said Sherman Right of
Way a distance of 561 40 feet to a point,
THENCE departing said east Right of Way line and crossing said Riley deed the following six courses and
distances
EXHIBIT A
Page 3 of 3
I ) S 61 °00 27 E, 195 84 to a point
2) With a tangent curve to the left
R = 370 00 feet
Delta = 28° 12 57'
L = 182 21 feet
CB - S 75°06'56' E
DC = 180 37 feet
3) S 89°13 24 E 422 14 feel to a point
4) S 00°5845 E 657 01 feet to a point
5) S 89°07 43 E 442 47 feet to a point
6) S 87°29 52 E 705 48 feet to the the POINT OF BEGINNING and containing 56 639 acres of land
NOTE Chain of title for the following parcel which is included in the Riley Deed is not determined
Denton Sherman Drive Joint Venture, Vol 1715, Page 836 (DRDCT) dated August 29 1985
C\OFFICr\\\P%NlN\WI DOGS\PR0JCCFS\97.058\DrSCR3 WPD
EXHIBIT B
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