2000-321
FILE REFERENCE FORM
2000-321
FILE(S) Date Initials
Amended by Ordinance No. 2006-049 02/07/06 JR
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ORDINANC NO £ a¢-JY /
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 99-
205 TO PROVIDE FOR A DETAILED PLAN FOR 378 1 ACRES LOCATED WITHIN
PLANNED DEVELOPMENT 174 (PD-174) ZONING DISTRICT, THE SUBJECT
PROPERTY BEING LOCATED AT THE SOUTHEAST CORNER OF JOHNSON LANE
AND JOHN pAINE ROAD WEST OF FORT WORTH DRIVE, PROVIDING A SAVINGS
CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00
FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-100)
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-174) Zoning District,
and WHEREAS, on December 19, 1999, Carter & Burgess Engmeenng, on behalf of
Wynne/Jackson Lakes Development, submitted a Detmled Plan for 378 1 acres of land located
within PD-174 with the intent to develop single family residences on a variety of lot sizes and
open spaces; and
WHEREAS, on June 28, 2000, the Planning and Zoning Commission recommended
approval of a Detailed Plan for such 378 1 acres, and
WHEREAS, the City Council finds that the condition tn Ordinance No 99-205 regarding
garages was intended to only apply to from loaded garages, and
WHEREAS, the City Council finds that the Detmled Plan is consistent with the approved
Concept Plan for PD-174, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ Ordinance No 99-205 providing for the approval of a Planned
Development Zoning District Classification and Use Designation for the property described as
PD-174 is amended by approving the Detailed Plan attached hereto and incorporated herein by
reference as Extnblt B for 378 1 acres located within PD-174, more particularly described by the
legal description attached hereto and incorporated herein by reference as Exhibit A, subject to
the following conditions which shall be noted on the Detailed Plan
1, There shall be no repeat house elevations within 200 feet linear feet of each other
on the same street, which ts measured from the nearest property line
2 The following shall be added to note 19 on the Detailed Plan concerning
screening along John Payne Road "Such screening shall at a minimum consist of
masonry columns and wrought iron style fencing"
3 No more than 67% of the lots may have houses with attached, front facing
garages At least 50% of such attached, front 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 not face the street may extend in front of the house
4 The notations "(not a part of this detail plan)" contained on the Detmled Plan for
the 5 acre School/Park site (Lot 2 Block UU), the 10 acre School site (Lot 1,
Block UU) and the 3 8 acre Private Amenity Center (Lot 19, Block 5) shall be
replaced with the following notation "(Prior to development of this site a
detmled plan for this site is required)"
5 If the Argyle Independent School District (or its successors) has not acquired the
school site (Lot 1, Block UU) within two years after the date the school district
receives written notice from the owner of the school site that 600 hundred
building penmts have been issued within the Country Lakes Development
(including those portions of the development within the City of Denton and the
C~ty of Argyle), the school site may be developed in compliance with the
approved zoning for the property {This provision substitutes and supercedes note
number 24 on page 2 of the Detmled Plan }
6 The City of Denton shall use its best efforts to notify the Argyle Independent
School District (or its successors) by and through its supenntendent of any
proposed change, amendment, modification, revision, or abandonment of any
portion of th~s Detml Plan
7 The Phase 1 final plat for Country Lakes North within the City of Denton shall
include (1) the "15 0 ACRE SCHOOL SITE", Lot 49, Block B, in the Country
Lakes West Preliminary Plat, (2) a one-hundred (100) foot right-of-way through
and across lot 41 and across part of lot 40 with the eastern boundary of the 100
foot right-of-way being the common boundary of Lots 41 and 42 of Block B of
that same Preliminary Plat, and (3) all public streets, water and wastewater
servicing the 15 0 ACRE SCHOOL SITE
8 No more than 20 s~ngle family residential dwelling building permits shall be
~asued unless and until all public streets, storm drainage, water and wastewater
included within the Phase 1 final plat for Country Lakes North are completed and
accepted by the City of Denton
The items set forth as conditions 5 through 8 are conditioned upon the Argyle Independent
School Distract dedicating an approxxmate 0 38 acre site along the eastern boundary of the 15 0
ACRE SCHOOL SITE described in condition 7 above, to the City of Denton as part of the Phase
1 final plat for Country Lakes North
PAGE 2
SECTION 2 The prows~ons ofth~s ordinance as they apply to the 378 1 acres shown ~n
the detmled plan herem approved, shall govern and control over any conflicting prows~ons of
Ordinance No 99-205, but all the provts~ons of Ordinance No 99-205 as they apply to that
remalmng port, on of the d~strlct not here~n amended, shall continue ~n force and effect and shall
apply to the remtunder of smd d~stnct
SECTION 3 A copy of thts ordinance shall be attached to Ordinance No 99-205
showmg the amendment here~n approved
_SECTION 4 If any provision of th~s ordinance or the appbcat~on thereof to any person
or mrcumstance ~s held ~nvalld by any court, such lnvahd~ty shall not affect the vahd~ty of other
prows~ons or apphcat~ons, and to th*s end the prows~ons of th~s ordinance are severable
SECTION 5 Any person wolat,ng any provision of tins ordinance shall, upon
conv~cUon, be fined a sum not exceeding $2,000 00 Each day that a provision ofth~s ordinance
~s wolated shall consUmte a separate and d~st~nct offense
SECTION 6 th~s ordinance shall become effective fourteen (14) days from the date of
~ts passage, and the C~ty Secretary ~s hereby directed to cause the capUon of th~s ordinance to be
pubhshed twine ~n the Denton Record Chromcle, official newspaper of the C~ty of Denton,
Texas, w~thm ten (10) days of the date of,ts passage
PASSED AND APPROVEDth'sthe,/~ dayof [~r)~l ,2000
EUL1NE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
AP '~OVED AS TO LEGAL FORM
BY - ~
PAGE 3
Exhibit A
Legal Description
Being a 396 884 acre tract of land situated in the William Smith Survey, Abstract 1182
and 1187, the Mary Smith Survey, Abstract 1181, the Spencer Graham Survey, Abstract
468, the Jesse Gazaway Survey, Abstract 480 and 481, and the BBB & CRR Survey,
Abstract 158, in the City of Denton, Denton County, Texas and being part of Tract I
conveyed by deed to Violet Properties Associates, LP, recorded ~n the County Clerk's file
No 98-019205, Real Property records, Denton County, Texas Said 396 884 acre tract,
with beanng basis being the most easterly line of said Tract I, being more particularly
described by metes and bonds as follows
Beginning at a V2" iron rod found at the intersection of John Paine Road and Johnson
Lane (vanahle width prescriptive right-of-ways), from which a 60d mail bears North 36
degrees 41 minutes 03 seconds West, a distance of 9 38 feet, smd point being at a
northwest comer of aforesmd Tract I and the southeasterly ell comer of a tract of land
conveyed as Tract II by deed to Hlllwood/McCutchln, Ltd, recorded in Volume 2470,
Page 678, Deed Records, Denton County, Texas,
Thence North 89 degrees 44 minutes 44 seconds East, with the general direction of
Johnson,Lane, along the north line of said Tract I, the northernmost south line of said
Hlllwood/McCutchm, Ltd Tract II, and the south hne of a tract of land conveyed by deed
to Albert R Hughes, recorded in Volume 3129, Page 752, Deed Records, Denton
County, Texas, a distance of 3083 72 feet to a Va" iron rod found at the northeast comer
t 1 and the northwest comer of a tract of land conveyed by deed to L Z
of said Trac ~ . , ~-~..~ ~a0 Paoe 382 Deed Records, Denton County, Texas,
Brown, recoroeu m vutu, tt~ ~ , ,~
Thence South 00 degrees 28 minutes 34 seconds West, along the east line said Tract 1
and the west line of said Brown Tract, a distance of 2769 75 feet to a 5/8" ~ron rod found
at the southwest comer of smd Brown Tract and the northeasterly interior ell comer of
stud Tract I,
Thenc~ South 88 degrees 19 minutes 00 seconds East, along the common line of said
Tract I!and the south line of said Brown Tract, a distance of 2347 45 feet to a V2" iron rod
found for the northeast comer of stud Tract I and the southeast comer of stud Brown
I in on the west line of a tract of land conveyed by deed to William T
Tract, gtudp°mt Y g~ _ _ J_~._xr~.,~ 284 Pa~e187, Deed Records, Denton
Smith and wife, Nona ~mlth, ~ecoru~u m ~,.,,.e , ~
County, Texas,
Thence South 00 degrees 32 minutes 58 seconds West, along the common line of said
Tract i and smd Smith Tract, a dxstance of 148 29 feet to a 2" ~ron pipe found in the
northwest right-of-way of line of aforestud Texas and Pamfic Railroad (a 100 foot right-
of-way),
Thence South 27 degrees 34 minutes 34 seconds West, along smd northwest right-of-way, a
distance of 1746 79 feet to the point for a comer on the north boundary line of the C~ty of Argyle
as described m document recorded in Volume 734, Page 388, Real Property Records, Denton
County, Texas,
Thence North 89 degrees 48 minutes 34 seconds West over Vtolet Properties Associates, LP
Tract and along smd north boundary line of the City of Argyle, passing a north westerly comer of
said City of Argyle at a distance of 4584 09 feet and continuing in all a total distance of 4609 09
feet to a point for a comer in the westerly line of aforesaid John Paine Road,
Thence North 00 degrees 08 minutes 54 seconds West, with the general direction of said west
line of said John Paine Road, a distance of 865 79 feet to a point for comer on the common north
line of Hdlwood/McCutchln, Ltd Tract II,
Thence North 89 degrees 58 minutes 18 seconds east, along smd common line, a distance of
21 41 feet to a 1/2" iron rod found for a comer in smd John Paine Road,
Thence North 00 degrees 06 minutes 45 seconds West, with the general direction off John Paine
Road, along the west line of smd Tract I, and the east line of smd Hlllwood/McCutchln, Ltd
Tract II, a distance of 3640 35 feet to the Point of Beginning and containing approximately
396 884 acres of land,
Save and except those portions specifically delineated as not a part of this Detailed Plan as
shown on Exhibit "B" thereby containing a total of approximately 378 1 acres
EXHIBIT B
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