2000-201ORDINANCE NO OOU I
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 93-
232 TOP OVIDE FOR A DETAILED PLAN FOR 4 315 ACRES LOCATED WITHIN THE
PLANNED DEVELOPMENT 87 (PD-87) ZONING DISTRICT, THE SUBJECT PROPERTY
BEING LOCATED AT THE SOUTHWEST CORNER OF SOUTHRIDGE AND LILLIAN
MILLER, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE
MAXIMLM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING
FOR AN EFFECTIVE DATE (Z-99-092)
WHEREAS, on December 21, 1993, by Ordinance 93-232, the City Council approved a
Detailed Plan for 9 296 acres of land in the Planned Development 87 (PD-87) Zoning District,
and
WHEREAS, on November 10, 1999, Rick Moore submitted an amended Detailed Plan
for 4 3151 acres located within PD-87 with the intent to develop a bed-and-breakfast
establishment, and
WHEREAS, on May 10, 2000, the Planning and Zoning Commission recommended
approval of a the amended Detailed Plan for such 4 315 acres, and
WHEREAS, the City Council finds that the Detailed Plan is consistent with the Denton
Comprehensive Plan and provides for a suitable use of the property, NOW, THEREFORE,
THE COI NCIL OF THE CITY OF DENTON HEREBY ORDAINS
TI 1 Ordinance No 93-232 providing for the approval of a Planned
Develop ent Zoning District Classification and Use Designation for the property described as
PD-87 is amended by approving the Detailed Plan attached hereto and incorporated herein by
references Exhibit B for 4 315 acres located within PD-87, more particularly described by the
legal des nption attached hereto and incorporated herein by reference as Exhibit A, subject to
the follo ns conditions
Use of the property shall be limited to use as a Bed and Breakfast Inn A Bed and
Breakfast Inn shall be defined as a facility of not more than fourteen rooms wherein
overnight accommodations and meals are provided to tourists and vacationers for
compensation The operator of the inn shall live on the premises The facility may
also host small events such as weddings or business meetings The facility shall be of
a residential style and d6cor
Lighting on the property shall be designed and maintained so as not to shine on or
otherwise disturb surrounding residential property or to shine and project upward to
prevent the diffusion into the night sky
\\CH LOL\VOLMARAO HPT LW'Mo- ~MO[ee\CPZ 9A092L
3 Exclusive of doors and windows, the exterior elevations of the main building shall
consist entirely of brick or stone masonry or stucco The exterior elevations of the
main building shall substantially resemble those shown in Exhibit C
4 Use of outdoor facilities, such as the swimming pool or spa pavilion, shall be limited
to the hours between 8 a in and 9 p in on Sundays through Thursdays and between 8
a in and 10 p in on Fridays and Saturdays
The capacity of the during room shall be limited to 36 persons Food service shall be
limited to overnight patrons and their guests, except reservation only dinner food
service will be permitted on Thursday, Friday and Saturday nights for other than
overnight patrons No open seating food service is allowed No food service
customers shall be seated after 10 p in
6 The sale of alcohol shall be permitted for on-premises consumption only Alcohol
service shall be by private club membership with service limited to overnight patrons
of the bed and breakfast and their guests
The applicant shall work with staff to use ground elevation and shrubbery screening
to keep light from car headlights from shining into surrounding residential properties
Final approval of such shall be by building inspection department at time of issuance
of building permit
Tree preservation on the subject property shall be maximized as shown on the
detailed plan
SECTION 22 The provisions of this ordinance as they apply to the 4 315 acres shown in
the detailed plan herein approved, shall govern and control over any conflicting provisions of
Ordinance No 93-232, but all the provisions of Ordinance No 93-232, as they apply to that
remaining portion 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 No 93-232
showing the amendment herein approved
aLQT Any person violating any provision of this 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
SACTION 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, official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage
PAGE2
\WH LGLWOLMSHAR90~ H0 LWmpp9011eW\OeA--' 6\O "092C
PASSED AND APPROVED this the (ad~ day of 2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
4OVED S TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
PAGE3
J EXHIBIT A
FIELD NOTE DESCRIPTION
TRACT It
BEING a 4 315 acre tract of land situated in the John McGown Survey, Abstract
Number 797, In the City of Denton. Denton County, Texas and being a portion of a
4 4610 acre tract of land described as Tract 2 according to the deed recorded In
Volume 3417, Page 0001 of the Deed Records of Denton County, Texas (DRDCT)
and being more particularly described as follows
BEGINNING at a 1/2 Inch Iron rod found for the northeast comer of sold Tract 2
and being located at the point of Intersection of the northwesterly right-of-way
line of Lillian Miller Parkway (a so feet wide right-of-way) with the
southwesterly right-of-way line of Southridge Drive (a 60 feet wide right-0f-way),
THENCE along the northwesterly right-of-way line of sold Lillian Miller Parkway
SOUTH 28'49'03" WEST o distance of 89319 feet to a 1/2 Inch Iron rod found for
the southeast comer of sold Tract 2
THENCE deporting the northwesterly right-of-way line of said Lillian Miller
Parkway and following the southerly line of said Tract 2 SOUTH 8841'36" WEST of 73 96 d®0146 acre tract of land according Iron
the d dead recorded In D easterly comer
County
of a
Clerk's File No 93-13741 (DRDCT),
THENCE departing the southerly line of sold Tract 2 NORTH 5440'52" WEST a
distance of 131 07 feet to a 5/8 Inch Ira rod set for the most southerly corner
the plat recorded d ne Cabinet East h0 Page 315 (P DCT) and being located
according Black 36 of
In the westerly line of sold Tract 2,
THENCE along the northwesterly line of said Tract 2 and the southeasterly line of
said Southridge East Phase 1 as follows
NORTH 35'15'30" EAST o distance of 12224 feet to a 1/2 Inch Iron rod found
for corner,
NORTH 09'2109" WEST a distance of 24971 feet to a 1/2 Inch Iron rod found
for corner,
NORTH 55'07'48" EAST a distance of 15641 feet to a 1/2 Inch Iron rod found
for corner,
NORTH 57'51'43" EAST a distance of 16958 feet to 0 1/2 Inch Iron rod found
for corner,
NORTH 51'42'37" EAST a distance of 20030 feet to a 1/2 Inch Iron rod found
for corner,
NORTH 37'2825' EAST a distance of 126 46 feet to a 1/2 Inch Iron rod found
for the most northerly northwest comer of said Tract 2 and being located In
the southwesterly right-of-way line of sold Southridge Drive In a curve to
the left having a radius of 33000 feet, a chord bearing of South 595519"
East and a chord length of 14 52 feet,
THENCE along the southwesterly right-of-way line of sold Southridge Drive as
follows
Continuing along sold curve to the left through a control ogle of
02'3196" for an arc length of 1452 feet to a 1/2 inch Ira rod found for
the point of tongenc)r.
SOUTH 61'10'57" EAST a distance of 71 68 feet to the POINT OF BEGINNING,
and Of
CONTAINING land, more on lose, i ll according to that survey prepared by Kurtz? square
Associates Inc, dated May, 1998 and signed by Austin J Bedford Registered
n-d a No 41'17 to which reference for all purposes is hereby
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