2015-263S: \Legal \Our Documents \Ordinances \15\Z15- 0021.docx
ORDINANCE NO. 2015 -263
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING AN AMENDMENT TO
A DETAILED PLAN FOR A SINGLE FAMILY DEVELOPMENT WITHIN A PLANNED
DEVELOPMENT 12 (PD -12) DISTRICT ZONE ON AN APPROXIMATELY 1.37 ACRES OF
PROPERTY, GENERALLY LOCATED ON THE NORTH SIDE OF WINSTON DRIVE,
APPROXIMATELY 139 FEET NORTHEAST OF THE CORNER OF WATERFORD WAY
AND WINSTON DRIVE IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (Z15-0021)
WHEREAS, on June 3, 1986, the City Council approved a Concept Plan and development
standards for approximately 74.8 acres of land within the Planned Development 12 (PD -12) zoning
district, as more particularly described therein ( "Concept Plan "); and
WHEREAS, on October 21, 2014, the City Council approved a Detailed Plan to construct
a single- family development consisting of at least eight (8) residential lots on approximately 1.37
acres of land (the "Detailed Plan "), generally located on the North side of Winston Drive,
approximately 139 feet Northeast of the corner of Waterford Way and Winston Drive in the City
of Denton, Denton County, Texas, and legally described in Exhibit "A ", attached hereto and
incorporated herein by reference (the "Property "); and
WHEREAS, after discovering that approximately 0.29 acres of the Property were not
included in the City of Denton but were included in the Concept Plan, the City Council approved
a Boundary Adjustment Agreement Ordinance to adopt an agreement with the City of Corinth in
order to incorporate the approximately 0.29 acres of land into the City on June 16, 2015
( "Boundary Agreement "); and
WHEREAS, Graham Mortgage Corp. applied for an amendment to the Detailed Plan for a
single family development within the Planned Development 12 zone to accurately reflect the
approximately 0.29 acres of land in the Boundary Agreement which is included in the 1.37 acres
of land on the Property, said Amended Detailed Plan is attached as Exhibit "B" hereto and made
a part hereof by reference (the "Detailed Plan Amendment "); and
WHEREAS, on July 22, 2015, the Planning and Zoning Commission, in compliance with
the laws of the State of Texas, have given the requisite notices by publication and otherwise, and
have held due hearings and afforded full and fair hearings to all property owners interested in this
regard, and have recommended approval (7 -0) of the Detailed Plan Amendment; and
WHEREAS, on September 1, 2015, the City Council likewise conducted a public hearing
as required by law, and finds that the request meets and complies with all substantive and
procedural standards set forth in Section 35.3.4 of the Denton Development Code and the laws of
the State of Texas, and is consistent with the Denton Plan and the Denton Development Code; and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for the Detailed Plan Amendment, have determined that the
proposed use is in the best interest of the health, safety, morals, and general welfare of the City of
Denton, and accordingly, said amendment should be granted as set forth herein; NOW
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The Detailed Plan for the Property is hereby amended as attached in Exhibit
IC
SECTION 3. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. Any person, firm, partnership or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 5. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 6. In compliance with Section 2.09(c) of the Denton Charter, 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, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the day of
2015.
J
CTIJUS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Exhibit A
PROPERTY DESCRIPTION
Whereas Winston 4 Development, LLC,, is the owner of all that certain tract of land
situated in the City of Denton, Denton County, Texas and in the M.E.P. & P. R.R.
Survey, Abstract Number 950 and the Gideon Walker Survey, Abstract Number 1330,
Denton County, Texas, recorded in County Clerk File Number 2013 - 121526, Real
Property Records, Denton County, Texas and being more particularly described as
follows:
BEGINNING at a' /z inch iron rod found on the North line of Winston Drive a (60 foot
right -of -way) for the Southeast corner of Lot 1, Wimbleton Village Phase 1, an addition
to said City, according to the Plat thereof recorded in Cabinet C, Page 31, Plat Records,
Denton County, Texas;
THENCE North 25 Degrees 09 Minutes 37 Seconds East with the Southeast line of said
Wimbleton Village a distance of 129.47 feet to a capped iron rod stamped "KAZ" set for
the Northwest corner of the herein described tract;
THENCE South 86 Degrees 58 Minutes 44 Seconds East departing said Southeast line
a distance of 346.78 feet to a capped iron rod stamped "KAZ" set for corner;
THENCE North 89 Degrees 09 Minutes 36 Seconds East a distance of 58.01 feet to a
capped iron rod stamped "KAZ" set for corner;
THENCE North 85 Degrees 21 Minutes 51 Seconds East a distance of 27.74 feet to a
capped iron rod stamped "KAZ" set for the most Northern Northeast corner of the
herein described tract;
THENCE South 61 degrees 28 minutes 10 seconds East a distance of 36.96 feet to a
capped iron rod stamped "KAZ" found;
THENCE South 06 Degrees 32 Minutes 01 Seconds East a distance of 99.77 feet to a
capped iron rod stamped "KAZ" set for Southeast corner of the herein described tract in
the North right -of -way line of said Winston Drive and the beginning of a curve to the
right with a radius of 995.87 feet a chord bearing of South 88 Degrees 17 Minutes 25
Seconds West a distance of 167.49 feet;
THENCE with said curve an arc distance of 167.69 feet to a' /2 inch iron rod found for
corner;
THENCE North 86 Degrees 53 Minutes 09 Seconds West with the North line of said
Winston Drive a distance of 363.94 feet to the PLACE OF BEGINNING and enclosing
1.37 acres of land more or less.
Exhibit B - Detailed Plan
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