1984-133NOTE Amended by Ordinance No 99-072
NOTE Amended by Ordinance No 2001-176
NO 96 - /33
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 52 9 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF
BONNIE BRAE AND PAYNE DRIVE, AND IS MORE PARTICULARLY DESCRIBED
HEREIN, TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM
AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION TO
PLANNED DEVELOPMENT "PD" 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 of the
following described property, to-wit
All that certain tract or parcel of land situated in the Frances
Batson Survey, Abstract No 43, Denton County, Texas, being the
same 52 98 acre tract conveyed by J A Gladish et ux to W C
Collier on November 15, 1951, recorded in Volume 374, Page 609,
Deed Records of said County and being more particularly described
as follows
BEGINNING at the northeast corner of said Collier tract in the
middle of a public road,
THENCE south 1055' west with the middle of said road and the east
line of said Batson Survey 1145 38 feet to a point in said road,
THENCE north 87°25' west with a fence most of the way 1200 81 feet
to a fence corner,
THENCE north 2°13' east with a fence 95 7 feet to a fence corner,
THENCE north 87°23' west with a fence 899 06 ieet to a fence
corner,
THENCE north 2°06' east with a fence most of the way 1041 19 feet
to a point in the middle of an east-west public road,
THENCE south 87°38' east with the middle of said public road
2095 96 feet to the place of beginning, containing in all 52 986
acres of land
is hereby changed from Agricultural "A" District Classification
and Use designation to Planned Development "PD" 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 the comprehensive site plan for
the areas designated for single-family "SF-7" use as shown on the
attached site plan and designated as Blocks A and B therein
SECTION III
That in approving the planned development district ordinance,
the City Council hereby approves the preliminary site plan showing
the proposed land uses within the areas designated as Blocks C and
D for zero lot line use, Blocks E and F for multi-family (10 acres)
use, Block H for neighborhood service (6 32 acres) and Blocks F and
G for multi-family use (14 9 acres)
Prior to the issuance of any building permit for development
of those uses listed in this Section III, 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 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
Electrical service shall be underground except for mayor trans-
mission lines
2 That all regulations of Appendix B-Zonin~ of the Code of Ordi-
nances applicable to single-family "SF-7f districts shall apply
to the site plan designated for single-family "SF-7" land use,
unless otherwise specifically stated herein
3 That in the area designated on the site plan attached hereto as
"Neighborhood Service' there shall be no sales of alcoholic
beverages, either for on or off-premise consumption
4 That in the area designated on the site plan attached hereto as
"Neighborhood Service' there shall be no gasoline service
stations permitted or motor fuel dispensing pumps or devices of
any kind
SECTION V
That the development of the property shall be in substantial
compliance with the site plan attached hereto and made a part hereof
for all purposes
The Zoning Map of the City of Denton, Texas, adopted the 14th
day of January, 1969, as an Appendix to the Code of Ordinances of
the City of Denton, Texas under Ordinance No 69-1, be, and the
same is hereby amended to show such change in District Classifica-
tion and Use subject to the above conditions and specifications
SECTION VI
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 VII
That this ordinance shall be in full force and effect immedi-
ately after its passage and approval, the required public hearings
having heretofore been held by the Planning and Zoning Commission
and the City Council of the City of Denton, Texas, after giving due
notice thereof
PASSED AND APPROVED this the day of 1984
A-J1 , 7~A
R D 0 S T, YOR
CI Y OF NTON, TEXAS
ATTEST
C~~SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
JOE D MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
BY 4lX Q ` 1 11 tfym
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ORDINANCE NO --O
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO
84-133 TO PROVIDE FOR A DETAILED PLAN FOR 2 338 ACRES LOCATED WITHIN
PLANNED DEVELOPMENT 86 (PD-86), THE SUBJECT PROPERTY IS LOCATED ON
THE SOUTH SIDE OF WINDSOR DRIVE, EXTENDING TO THE NORTH SIDE OF
WESTWARD DRIVE, APPROXIMATELY 1,037 FEET WEST OF BONNIE BRAE,
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, on October 16, 1984, by Ordinance No 84-133, the City Council approved
a change in zoning for 52 9 acres of land to Planned Development 86 (PD-86) Zoning District,
and
WHEREAS, on December 16, 1998, Carter and Burgess, Inc on behalf of Ryland
Homes, submitted a Detailed Plan for 2 338 acres located within PD-86, and
WHEREAS, on January 27, 1998, the Planning and Zoning Commission unanimously
recommended approval of a Detailed Plan for 2 338 acres with modifications, and
WHEREAS, the City Council finds that the Detailed Plan is in compliance with the
Concept Plan for Planned Development 86 (PD-86) zoning district the 1988 Denton
Development Plan, the 1998 Denton Plan Policies and the 1999 Growth Management Strategy,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That Ordinance No 84-133 providing for the approval of a Planned
Development Zoning District Classification and Use Designation for the property described as
PD 86 is amended by approving the Detailed Plan attached hereto and incorporated herein by
reference as Exhibit "B" for 2 338 acres located within PD-86, more particularly described by a
legal description attached hereto and incorporated herein by reference as Exhibit ` A", with the
following conditions
1 That the minimum lot size be 7,000 square feet
2 Stone columns be placed in the perimeter fence
3 Stone fence columns to be placed at maximum fifty foot intervals
4 100% brick exterior finish on the first floor
SECTION II. That the provisions of this ordinance as they apply to the 2 338 acres
shown in the detailed plan herein approved, shall govern and control over any conflicting
provisions of Ordinance No 84-133, but all the provisions of Ordinance No 84-133 as they
apply to that remaining portion of the 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 84-133
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
SECTION V. 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 APPROVED this theO m day of 199
JACK LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBER~TL PROUTY, CITY ATTORNEY
BY
EXHIBIT
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ORDINANCE NO 1-I f62
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 84-
133 TO PROVIDE FOR A DETAILED PLAN / PROJECT PLAN FOR 21 295 ACRES
LOCATED WITHIN PLANNED DEVELOPMENT 86 (PD-86) ZONING DISTRICT, THE
SUBJECT PROPERTY BEING GENERALLY LOCATED AT THE SOUTHWEST CORNER
OF WINDSOR AND BONNIE BRAE, PROVIDING A SAVINGS CLAUSE, PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS
THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (SP-01-0002)
WHEREAS, on October 16, 1984, the City Council approved a change in zoning for 52 9
acres located at the southwest corner of Windsor and Bonnie Brae from Agricultural (A) zoning
to Planned Development (PD-86) zoning, and
WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-069 which
established certain nonresidential interim regulations (the Nonresidential Interim Regulations"),
and
WHEREAS, the Nonresidential Interim Regulations established, among other things, a
project plan requirement, and
WHEREAS, on January 22, 2001, the Catholic Diocese of Fort Worth, submitted a
Detailed Plan / Project Plan for 21 295 acres of land located within PD 86 with the intent to
develop a church and parochial school, and
WHEREAS, on March 28, 2001, the Planning and Zoning Commission recommended
approval of a Detailed Plan / Project Plan for such 21 295 acres, and
WHEREAS, the City Council finds that the Detailed Plan / Project Plan is consistent with
the approved Concept Plan for PD-86 and meets the requirements of the Nonresidential Interim
Regulations, NOW, THEREFOR,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 Ordinance No 84-133 providing for the approval of a Concept Plan for the
Planned Development Zoning District Classification and Use Designation for the property
described as PD-86 is amended by approving the Detailed Plan / Project Plan attached hereto and
incorporated herein by reference as Exhibit B for 21 295 acres located within PD-86, more
particularly described by the legal description attached hereto and incorporated herein by
reference as Exhibit A, subject to the following condition
Lighting on the property shall be designed and maintained so as not to shine on or
otherwise disturb adjoining property or to shine and project upward to prevent diffusion
into the night sky
SW NummuW~Noeooa~~➢I~BPLIAWldrc
SECTION 2 The provisions of this ordinance as they apply to the 21 295 acres shown in
the Detailed Plan/ Project Plan herein approved, shall govern and control over any conflicting
provisions of Ordinance No 84 133, but all the provisions of Ordinance No 84-133, as they
apply to that remaining portion of the district not herein amended, shall continue in force and
effect and shall apply to the remainder of said district
SECTION 3 A copy of this ordinance shall be attached to Ordinance No 84 133
showing the amendment herein approved
SECTION 4 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 5 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, 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 , 2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FO
HERBERT L PROU Y, CIT ATTORNEY
BY 1'7L
PAGE 2
EXHIBIT A
LEGAL DESCRIPTION
WHEREAS, The Church of the Immaculate Conception, is the owner of a
21.295 core Tract of land situated in the F BATSON SURVEY, Abstract No
43, City of Denton, Denton County, Texas and being the some 21.295 acre
Tract of land described in deed to Bonnie Brae, LTD recorded in Volume
4176, Page 21, of the Deed Records of Denton County, Texas Bearing
basis for this survey is the North line of the said Bonnie Sme, LTD, -
Tract, Sold 21.295 cam tract being more particularly described by metes
and bounds, as follows
BEGINNING at a 1/2" Iron rod found, for the most Southerly Southwest
comer of the said Bonnie Brae, LTD Tract, and being on the
Northerly One of a Tract of land described In deed to D Gene
Gamble as recorded in Volume 674, Page 466 of the Deed Records c
Denton County, Texas,
THENCE N 02' O5' 38" E, along the common line of the Bonnie Bras, I
Tract, and the D Gene Gamble Tract, a distance of 91 63 feet, to
a 5/8* Iron rod found,
THENCE departing the said common line and over and across the said
Bonnie Bros, LTD Tract, the following calls
S 8r 25' 01" E. a distance of 3514 feet, to a 6/8' iron rod
found,
NORTHEASTERLY along a curve to the left having a radius o
61844 feet, a delta angle of 11 41' 19°, a long chord that bears
N 86 43' S6" E, a distance of 125 94 feet, an am distance 12616
feet, to 5/8" iron rod found,
N 02' 07' 28" E, a distance of 103714 feet, to a 5/8" iron rod
found on the North line of the said Bonnie Bros, LTD Tract, and
being on the centerline of Windsor Drive,
THENCE S 87* 40' 33" E, along the said North line and along the said
centerline a distance of 55755 feet, to a 5/8" iron rod found, for
the Northeast comer of the said Bonnie Bros, LTD Tract, and being
the Northwest comer of a Tract of land described in deed to SPS
Partnership as recorded in Volume 1586, Page 588 of the Deed
Records of Denton County, Texas,
THENCE along the common One of the said Bonnie Brae, LTD Tract, aril
the &P S Partnership Trost, the following calla
S 02' 22' 31" W, a distance of 25730 feet, to a 1/2" iron rod
found,
°a S 32' 10' 59" E, a distance of 57510 feet, to a 1/2° iron rod
found,
S 88' 03' 01" E, at a distance of 158 69 feet, to a Pit nail found,
on the East line of the said Bonnie Brae, LTD Tract, and being the
centerline of Bonnie Bros,
THENCE S 01' 56' S8" W, along the said East line and the said
centerine, a distance of 41497 feet, to a PI< nail found, for the
Southeast comer of the said Bonnie Bras, LTD Tract,
THENCE N 87' 28' 21" W. departing the sold centerline and along the
South One of the said Bonnie Brae, LTD Tract, a distance of
120093 feet, to THE POINT OF BEGINNING and containing 21 295 aor
of land more or less
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