2006-049
S:\Our Documents\Ordinances\06\ZOS-0025a.doc
ORDINANCE NO. d,(tJ{}6-0t.JQ
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 2000-32 I
TO AMEND THE DETAILED PLAN FOR THE PLANNED DEVELOPMENT 174 (PD-I74)
ZONING DISTRICT AND LAND USE CLASSIFICATION, THE SUBJECT PROPERTY BEING
LOCATED AT THE SOUTHEAST CORNER OF JOHNSON LANE AND JOHN PAINE ROAD
WEST OF FORT WORTH DRIVE; PROVIDING FOR A SAVING CLAUSE; PROVIDING FOR
A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLA TrONS THEREOF;
PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-0025)
WHEREAS, on June 15, 1999, by Ordinance 99-205, the City Council approved a change in
zoning for 396.7 acres of land to Planned Development 174 (PD-I74) zoning district, as more
particularly described therein; and
WHEREAS, on September 12,2000, by Ordinance 2000-321 the City Council approved a
Detailed Plan for 378. I acres ofland to Planned Development 174 (PD-174) zoning district, as more
particularly described therein; and
WHEREAS, on January I 1,2006, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommend approval of the requested amendment to the detailed
plan; and
WHEREAS, the City Council finds thai the amendment to the detail plan is consistent with
the Comprehensive Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Ordinance 2000-321, providing approval of a Detail Plan for 378.1 acres
within the Concept Plan for Planned development 174 (PD-I 74) zoning district classification and use
designation, is amended by partially superseding the following condition:
No more than 67% of the lots may have houses with attached, front facing garages.
At least 50% of such auachedJront facing garages shall be recessed a minimum of
18 inches from the front of the house. Front facing attached or detached garages
cannot extend in front of the house. However, attached garages that do notface the
street may extend in front of the house.'
A portion of the Detail Plan, representing approximately 3 I 0 acres, shaded in the map attached
hereto as Exhibit "A", and incorporated herein by reference, will instead be subject to the following
conditions, which shall be noted on the Detailed Plan as applicable to the defined 3 I 0 acres only:
1. All lots may have front facing garages. Front facing attached or detached
garages cannot extend in front of the house. However, attached garages that do
not face the street (typically referred to as J-swings) may extend in front of the
house.
2. All front facing garages shall contain at least one ofthe following features, but
no single feature may be used on more than 50% of the lots:
a. Recessed 18",
b. Have architectural control of single car doors separated by a masonry
column, and/or
c. Garage doors shall be constructed with wood or simulated wood panels
with wood or simulated wood trim (Carriage Style Garage Doors, refer
to attached Exhibit B).
3. Windows shall be provided with trim, including but not limited to brick
bands, shutters and/or stone options.
4. Each front and side yard will be fully sodded and each front yard shall be
landscaped with a minimum of 20 one-gallon shrubs and 2 three-inch trees
prior to the original conveyance of any house.
5. The minimum square footage of houses shall be:
. 1,400 sq. ft. on lots less than 7,000 sq. ft. (max. 649 lots).
. 2,000 sq. ft. on lots 7.000 sq. ft to 8,400 sq. ft. (526 lots)
. 2,200 sq. ft. on lots 8,400 sq. ft. and greater (at least 97 lots)
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SECTION 2. The provisions of this ordinance, as they apply to the amendments herein
approved, shall govern and control over any conflicting provisions of Ordinance 2000-32 I, but all
the provisions of Ordinance 2000-32 I, as they apply to the regulations 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 2000-32 I, showing the
amendment herein approved.
SECTrON 4. 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 other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person violating any provision ofthis 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 6. 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
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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 1-1:/1
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO L~QAL_FORM:
EDWIN M. SNYDER: CITY ATTORNE'Yj
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day of '- .!)Mu/
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,2006.
EULINE BROCK, MAYOR
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EXHIBIT - A
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EXHIBIT. B
Examples of "Carriage Style" Garage Doors
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All photographs taken on December 29,2005 at Fountain Lake subdivision in Euless, TX