2001-246 ORDINANCE NO ~/- ~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM ONE FAMILY DWELLING (SF-10) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 5 0 ACRES OF LAND
GENERALLY LOCATED ON THE WEST SIDE OF OLD NORTH ROAD APPROXIMATELY
200 FEET SOUTH OF FOXCROFT LANE, TO ALLOW FOR A DEVELOPMENT OF SINGLE
FAMILY HOMES, PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR THE
DISTRICT, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR
VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE (Z.00-0023)
WHEREAS, Jay Thomas of Jay Thomas Custom Homes has apphed for change m zoning for
5 0 acres of land from One-Family Dwelhng (SF-10) zoning district classification and use
deslgnatmn to Planned Development (PD) zon,ng chstnct clasmficat~on and use designation with the
mtent to develop a subdlvlmon of 23 single-family homes, and
WHEREAS, on June 13,2001, the Planning and Zomng Commmmon recommended approval
of the requested change m zomng, and
WHEREAS, on June 13,2001, the Plannmg and Zomng Commmmon recommended approval
of the Detmled Plan shown as Exhibit "B", and
WHEREAS, the City Council finds that the change ~n zomng is consistent with the
Comprehensive Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The zoning district clasmficatlon and use designation of the 5 0 acre property
described m the legal descnphon attached hereto and incorporated herein as Exhibit "A" m changed
from One,Family Dwelling (SF-10) zomng d~stnet clasmficatlon and use designation to Planned
Development (PD) zomng district clasmficat~on and use demgnatlon and a Detmled Plan for the
1 168 acres is adopted, smd Detmled Plan bemg attached hereto and ~ncorporated herren as Exhibit
"B" for all purposes, to allow a 23-1ot smgle famdy development under the comprehensive zomng
ordinance of the City of Denton, Texas, subject to the following conditions
1 The proposed storm sewer shall be designed to handle 100 percent of the on-site runoff based
on the proposed land use for the 5 acre tract only Existing offmte runoffwdl be handled by
proposed drainage ditches on the north and south sides of the property and discharged to Old
North Road according to current eond~tlons With the proposed storm sewer, additional
runoff to Old north Road will be captured to prevent further problems with drmnage
2 The 6' high masonry fence along Old North Road may include ornamental wrought iron
Page 1 of 2
SECTION 2 The City's official zoning map ~s amended to show the change in zoning
d~smct cla~sfficatlon
SECTION 3 if any provlsmn of this ordinance or the apphcatlon thereof to anY person or
circumstance is held invalid by any court, such ~nvahdlty shall not affect the validity of other
provisions,or appheatmns, and to this end the prov~smns of th~s ordinance are severable
SECTION 4 Any person wolat~ng any provlsion ofth~s orchnance shall, upon convmtmn, be
fined a sum not exceechng $2,000 00 Each day that a promsmn ofth~s ordinance is violated shall
constitute a separate and distinct offense
SECTION 5 That tlus 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 orchnance to be
pubhshed twice in the Denton Record-Chromcle, a dmly newspaper published ~n the C~ty of Denton,
Texas, within ten (10) days of the date of~ts passage
PASSED AND APPROVED ttus the /~¢ day of ~ ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2 of 2
gxhlbit~A
AH that certain lot, tract or parcel of land, lying and being situated in the County of Dent~n, State of Texas, being a part of a
certain 91.91 acres Of land, as conveyed by Warranty Deed, dated February t~, 1937, from J Homer Kerley, et ux, to Luther
Hoke, as recorded in Vol. 263, page $$8, of the Deed Records of Denton County, Texas, being a part of the Wesley Pogue
Survey, Patent No 100~, Volume 9, Abet. No. 1012, Denton Codnty, and being more partleninrty described as follows:
BEGINNING at a point, 260 feet North of thc center line of the old Denton-Mingo public r~ad, Same being the southeast
earner of the Wesley Pogue Survey, Abstract No. 1012, (called dleinnee being 244.44 feet); said point of begh~ul~g being in the
center line of what was once a 36 foot north and south roadway, and being In the East boundary line of the Wesley Pogue
Survey;
THENCE West along the south boundary line of the past mentioned 91.91 acre tract, and along an old existing fence line,
531.91 feet, to a steel pin for eorner;
THENCE North 409.47 feet, and parallel with the east boundary line of the above mentioned 91 91 arre tract, and the east
boundary line of the Wesley Pegue Survey, to a steel pin in the east and west fence line for eonmr; said steel pin being in the
south boundary line of u certain tract of land, as oonveyed by Luther Hoke and wife, Ethel Hoiw., to the Denton Development
Company, by deed dated March 19, 19~;
THENCE East, ulongltbe south boundary line of the above mentioned Denton Development Co tract, and parallel with the
south boundary Hne of the past mentioned 91.91 acre tract, 531.91 feet, to a point In the east boundary line of above meattened
91.91 acre tract, same being the East boundary line of the Wesley Pogue Survey; same being the southeast corner oftbe above
mentioned Luther Hoke and wife to Denton Development Company tract,
THENCE South 409.4~7 feet along the East boundary line of the 91 91 acre tract and the East boundary line of the Wesley
Pegue Survey, to Point of Beginning and containing in all ~ acres of land
NOTE: The Company is prohibited from Insuring the area or quantity of the land described herein. Any statement in the
above legal description, of the area or quantity of land is net a representation that such area or quantity Is correct, but Is made
only for Informational and/or Iden~ifleation purposes and does not override Item 2 of Schedule B hereof.