1981-079 Amended by Ordinance No
97-205
NO qq
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAg ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCF NO 69-1,
AND AS SAID MAP APPLIES TO APPROXIMATELY 71 767 ACRES OF LAND,
MORE OR LESS, OUT OF THE B B B & C R R SURVEY, ABSTRACT NO
196 IN THE CITY OF DENTON, AND MORE PARTICULARLY DESCRIBED
HEREIN, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I
The Zoning Classification and Use Designation of the
following described property, to-wit
FIRST TRACT-All that certain lot, tract or parcel of land lying
and being situated in the City and County of Denton, State of
Texas, and being all of a First Tract of 20 994 acres, and all
of a Second Tract of Lots Numbers 1,2,3,4, and 5 of the
Phllllps Addition to the Clty of Denton, as conveyed by deed
dated March 25, 1959 from Elmer Phillips and wife, Mayme
Phillips to H S Osborne and wife, Edna M Osborne, as shown
of record in Volume 445, Page 129 of the Deed Records of Denton
County, Texas, and a part of a certain F~rst Tract of 67-1/2
acres as conveyed by deed dated September 2K, lq48, from W
Clarence Smlth and wife, Fern D Smith to H S Osborne and
wife, Edna M Osborne, as shown of record ~n Volume 346, Page
539 of the Deed Records of Denton County, Texas, the above
named lands lying east of the Atchison, Topeka and Santa Fe
Railroad, and being out of the of B B B & C R R Company
Survey, Abstract No 196, and being mor~ particularly described
as follows
BEGINNING at a steel pin in the west boundary l~ne of a north
and south public road whose width is 80 feet, and being
designated as Farm to Market Road No 1830 (formerly old Fort
Worth to Denton Highway) sa~d point of beginning being the
northeast corner of the past mentioned first tract of 20 994
acres,
THENCE south 00°54'40'' east, along the West Boundary Line of
Farm to Market Road No 1830, 576 42 feet to a steel pin for
the southeast corner of the past mentioned first tract of
20 994 acres, and being in the north boundary l~ne of a first
tract of 67-1/? acres, as conveyed by W Clarence Smith and
wife to H S Osborne and wife, Edna M Osborne,
THENCE south 89°53' east along the north boundary line of the
above mentioned 67-1/2 acre tract 40 00 feet to a point in the
centerllne of Farm to Market Road No 1830, and being ~n the
east boundary line of the B B B & C R R Company Survey,
Abstract No 196, for the northeast corner of the past
mentioned 67-1/2 acre tract,
THENCE south 00°54'40'' east along the east boundary l~ne of the
B B B & C R R Company Survey, and the center l~ne of Farm to
Market Road No 1830, 1091 3 feet, to a point for the southeast
corner of the past mentioned 67-1/2 acre tract (call on this
line belng 1107 22 feet),
Z-1496-LATIERRA COMPANY (RICHARD KELSEY)
THENCE south 89°37'22'' west and passing at 40 feet the east
boundary line of Farm to Market Road No 1830, contlnu~nq on
said course, and along existing fencellne and the south
boundary line of the past mentioned First Tract of 67-1/2
acres, 1521 00 feet, to a steel pin and fence corner post for
the southwest corner of tract herein described and being ~n the
northeasternly r~ght of way line of the Atchison, Topeka and
Santa Fe Railroad,
THENCE north 35°27' west along the northeasternly boundary line
of the Atchison, Topeka and Santa Fe Railroad right of way and
being 75 feet from and parallel to the centerl~ne of said
railroad 1483 3 feet to a steel pin for corner, and being ~n
the west boundary l~ne of Lot 1 of the past mentioned Phillips
Addition, east boundary llne of Lot 1 of the past mentioned
Phllllps Addition, and being in the east r~ght of way l~ne of
Un~ted States Highway No 377 and being the most western corner
of the past mentioned Elmer Phillips and w~fe, to H S Osborne
and w~fe second tract,
THENCE north 43"51 east along fence line and the east boundary
l~ne of sa~d Highway No 377 and being 85 feet east of and
parallel to the centerllne of said highway and along the west
boundary line of the past mentloned Lots Numbers 1,2,3,4, and 5
of the Phillips Addition, 512 00 feet to a fence corner post
for the northwest corner of Lot Number 5 and the southwest
corner of Lot Number 6 of sa~d Phillips Addition,
THENCE south 46°09' east along fencellne and passing at 200
feet the northeast corner of Lot Number 5 of sa~d addition,
continuing on sa~d course, a total distance of 635 6 feet, to a
steel Din and fence corner post for ~nner ell corner on the H
S Osborne tract of land,
THENCE north 43"51' east 200 00 feet to a steel p~n for corner,
THENCE north 46°09'west along fencel~ne 235 6 feet to a fence
corner post or corner,
THENCE north 43"51' east along fence]~ne 300 00 feet to a fence
corner post for the most northern northwest corner of the
Osborne First Tract of 20 994 acres,
THENCE north 89"17' east along fencel~ne 1375 3 feet to a point
of beginning and conta~ning 70 765 acres of usable land and
1 002 acres in public road, making a total of 71 767 acres of
land
~s hereby changed from Agricultural "A" D~strlct Classification
Use to Planned Development "PD" Dlstr~ct Classification and Use
(Planned Development "PD" zonlng on 71 76 acres for Single
Family (SF-10), Mult~-Family (MF-R) and Two-Family (?-F)) under
the Comprehensive Zoning Ordinance of the C~ty of Denton, Texas
subject to the following conditions and restrictions, to-wit
1 The density of lots abutting the railroad shall
be l~mlted to no more than four (4) un~ts per
lot, and
2 Plat approval shall constitute s~te plan approval
The Zoning Map of the City of Denton, Texas, adopted the 14th
day of January, 1969, as an Appendix to the Code of Ordinances
Z-1496-LATIERRA COMPANY (RICHARD KELSEY)
of the City of Denton, Texas under Ordinance No 69-1, be, and
the same ~s hereby amended to show such change in District
Classification and Use
SECTION II
That the City Council of the C~ty of Denton, Texas hereby
f~nds 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 th~ngs for the character of the district and for
peculiar suitability or partlcular uses, and with a view to
conserving the value of the buildings, protecting human l~ves,
and encouraging the most appropriate uses of land for the
maximum benefit to the City of Denton, Texas, and its citizens
SECTION III
That this ordinance shall be in full force and effect
immediately after ~ts passage and approval, the required public
hearings having heretofore been held by the Planning and Zoning
Commission and the City Councll of the City of Denton, Texas,
after giving due not~ce thereof ~f__~,~
PASSED AND APPROVED this the /$~ day o~ ,
'CITy OF DF~NTON, TEXAS
/
ATTEST
BILL ANGELO, D~ CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS
Z-1496-LATIERRA COMPANY (RICHARD KELSEY)
ORDINANCE NO q~7-~gT~V~"'
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 A~S SHOWN
IN 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 THF_,REOF, AND PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS, D R Cameron & Assocmtes, on behalfofH S Osborne, owners of the subject
property, has apphed for approval ora rewsed detailed plan for the 70 654 acres described in Extuint
A, winch constitutes Planned Development 35 (PD-35) a planned development district established
by Ordinance 81-79, and
WHEREAS, on June 11, 1997, the Plamung and Zoning Comnussion recommended approval
of the requested detail plan and
WHEREAS, the City Council finds that tins det~uled 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 81-79 as it relates to Planned Development District 35 (PD-
35) cons~sting of 70 654 acres more particularly described by the legal description attached hereto
and incorporated herein as Exinb~t A, is hereby amended by adopting a rewsed detailed plan for the
70 654 acres said detmled plan being attached hereto and incorporated herein as Exinb~t B for all
purposes
Sectaon II That Ordinance No 81-79 as amended shall remain in full force and effect save
and except as amended by tins ordinance
Section III That a copy of tins ordinance shall be attached to Ordinance No 81-79
Section 1V That any person v~olating any provision oftbas ordinance shall upon conviction
be fined a sum not exceeding $2 000 00 Each day that a provision of tins ordinance ~s violated shall
consmute a separate and distinct offense
Section V That this orchnance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby d~rected to cause the caption of this ordinance to be
published twice m the Denton Record-Chromcle a dally newspaper published in the Oty of Denton
Texas witinn ten (10) days of the date of its passage
JAC~f~LLER, MAYOR
ATTEST
JENNII~ER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
~BN4~3~W23528FNI~~M~R~o