2001-023 O INANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO PLANNED DEVELOPMENT (PD-192) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 2 94 ACRES OF
LAND LOCATED ALONG THE SOUTH SIDE OF AUDRA LANE APPROXIMATELY 640
FEET WEST OF MOCKINGBIRD LANE, PROVIDING A DETAILED PLAN ENCOMPASSING
2 94 ACRES, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00
FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE (Z-00-013)
WHEREAS, Carl McCullar xmtlated a change ~n zomng for 2 94 acres of land from
Agricultural (A) zomng district classification and use designation to Planned Development (PD)
zoning district classlfieatlon and use designation, and
WHEREAS, on December 6, 2000, the Planning and Zoning Commission concluded a pubbc
heanng as required by law, after which a motion to recommend approval of the requested change in
zoning was passed, and
WHEREAS, the City Council finds that the change in zoning is consistent with the
Comprehensive Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The zomng district classffication and use designation ofthe 2 94 acre property
described in the legal description attached hereto and incorporated herein as Exbablt A is changed
from Agricultural (A) zomng district classification and use designation Planned Development
(PD-192) zomng district classification and use designation under the comprehensive zomng
ordinance of the City of Denton, Texas, subject to the following conditions
1 The permitted land uses are restricted to those described on the Detmled Plan attached hereto
and incorporated herein by reference as Exhibit B The Detmled Plan is hereby approved as
a part of PD-192 The subject property shall be developed in accordance with the Detailed
Plan
2 Additional culvert(s) may be reqmred under Audra Lane to handle increase in storm water
discharge from the proposed development based on further drainage analysis submitted to
and reviewed by staff
3 Street trees shall be planted approximately 30 feet on center along Beverly Drive and the east
side of the proposed street in conjunction with the total required number of trees
Page 1 of 2
SECTION 2 The C~ty's official zomng map is amended to show the change in zomng
dlsmct classification
SECTION 3 If any provision of this ordanance or the apphcatlon thereof to any person or
clmumstance is held ~nvahd by any court, such mvahdlty shall not affect the validity of other
provisions or applications, and to this end the provisions of thls ordinance are severable
SECTION 4 Any person violating any provision ofth~s ordinance shall, upon conviction, be
fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance ~s violated shall
constitute a separate and distinct offense
SECTION 5 This ordinance shall become effective fourteen (14) days from the date of~ts
passage, and the City Secretary ~s hereby d~rected to cause the caption of this ordinance to be
published twice m the Denton Record-Chromcle, a dmly newspaper published in the C~ty of Denton,
Texas, wittun ten (10) days of the date of its passage
PASSED AND APPROVED thrs the ~ ~-~ day of ~AM..~ ,2001
EULINE BROCK, MAYOR
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERB~iY'BY -~CITY ATTORNEY
Page 2 of 2
EXHIBIT A
B~n,I ~ll that cerl:n,, lot., trac~, o~ p~£¢el of l~nd
~hnLrn~L h.mbeE ~473. ~n ~he City and County GE Denton,
r,,xn~, belnq pa~t el :hat certain (catle~) 53.7 ac~e
~d[t ~ recorded in Vol.,n, 108, Page 149, Deed Records o~
D-oLeo County, Texas, and being part o~ bha[ cerbatn
p~rc-I o~ land described tn ~o trac[s and conveyed by
d~,od [~om Ernest P. S~ea[man and ~lfe~ Geocgia
~,.a:man ~o Steve Yotnt and Floyd Vese, recorded in
Vo].m~ t7~4~ page 591, Real Proper[y Records or Denton
C~.nLy~ Tcxa~ and being mole parkf~ut~rly doscr[bed
fei
DgGINNING at a poinb [~ cur~ter in I.u~l a bane~ a publ.c
~o.~lvay~ and [n the north line of ,.t~d ea~r Trac.~ said
Hul~b being khe northeaa: corner oE ~ract I cE, sa.d
~o.nk Pa~ce[~ said poin[ being also Lhe no
corner of said Dart Trac[l
TIIEHCE S 02'19'00" H, paso at 35.26 Leek an iron rod
re. nd Eot sou[h line of said bane, a total distance
~,in.6t [ee[ ~o an iron rod se[ Eec corner, sail1 point
I..,tnq In the east l~ne GE Bellatre Heights
~h~o Five~ an addition ~o the City or Den[on~ Texas~
~-,.~rdin9 ~o the plat [hereo[ recorded tn Cabinet
r~l~ 284~ Plak Records o[ Den[on County,
TIIPNCB N 87'40~50" H~ 185.54 ~ee[ ~o an iron rod set
[.~r corner I
TIIENCE N 02' 20~42" B~ 693.28 [eel [oa poln[ for corner
tn ~[d bane and in card norbh l~ne o[ said Bart T~act~
TIIENCB S 86e14~10" B, 185.26 reel vtth said no~[h line
or ~aid B,trr Trac[ and vi:h said bane to [he PI.RCB
BEGINNING and contaiptng 2.940 acres o[ land.