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2000-358 O ANCENO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AGRICULTURE (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT-187 (PD-187) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 42 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF POCKRUS PAGE RD WEST OF SWISHER RD, APPROVING A DETAILED PLAN, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z-00-11) WHEREAS, The Preserve At Pecan Creek Partners, LTD, on behalf of Patrick D O'Bnan initiated a change m zomng for 42 acres of land from Agriculture (A) zoning d~stnct classfficat~on and use designation to Planned Development-187 (PD-187) zoning d~stnct classification and use designation, and WHEREAS, on August 9, 2000, the Planmng and Zoning Commission concluded a public heanng as required by law, after which a motion passed recommending approval of the requested change in zomng, and WHEREAS, the City Council finds that the change in zoning is consistent with The Denton Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ The zoning district classification and use des~gnatmn of the 42 acre property described m the legal description attached hereto and incorporated herein as Exhibit A is changed from Agriculture (A) zomng district classification and use designation Planned Development-187 (PD-187) zomng district classification and use desagnatlon under the comprehensive zomng ordinance of the City of Denton, Texas, m accordance with the detmled plan attached hereto and incorporated hereto as Exhibit B, which detoaled plan is hereby approved with the following conditions 1 Reqmre that fencing along Pockrus Page Road have masonary columns every 50 feet on center 2 Mmntmn the standards of the Concept Plan for Phase A approved with Ordinance No 98-395 which is attached and incorporated as Exhibit "C" 3 Allow porches in the front yard in accordance w~th Ordinance No 99-429 which is attached and incorporated as Exhibit D 4 Site design for houses will be similar to the houses shown in the photographs that were ~ntroduced into the record at the Oty Council public heanng on S~tember 26, 2000, copies of which in Exhibit E attached hereto and ~ncorporated hereto by reference Page 1 of 2 SECTION 2 The City's official zomng map ~s amended to show the change m zomng d~smct classfficat~on SECTION 3 If any prows~on ofth~s ordinance or the apphcatlon thereof to any person or mrcumstance ~s held mvahd by any court, such lnvahd~ty shall not affect the vahd~ty of other prowslons or apphcatlons, and to this end the provisions of th~s ordinance are severable SECTION 4 Any person wolatmg any provision oftlus ordinance shall, upon conwct~on, be fined a sum not exeeedtng $2,000 00 Each day that a prows~on ofth~s ordinance ~s molated shall constitute a separate and thstlnct offense SECTION 5 That th~s ordinance shall become effective fourteen (14) days from the date of its passage, and the Ctty Secretary ~s hereby directed to cause the caption of this ordinance to be pubhshed twice m the Denton Record-Chromcle, a dmly newspaper published in the C~ty of Denton, Texas, w~ban ten (10) days of the date oftts passage PASSED AND APPROVED th~s the,~ ~ day of ~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERB~U~TTORNEY Page 2 of 2 i ~6311~ GOUDWIN MAF~SHA~-L P~C~ U-' EXHIBIT A PROPER TY DL'SCRIPTION STAT~ OF TEXAS ~ hreu~h a cmn r~ a~le ~f 09 3~ 14' or~ ~c ~?l~,t~ uf ~3l 02 f~ (D~ ~ 60 SVX=U. 'NO J..N~IQ :IAI::I:IS=II:Id :IH.L Ld -'~ ~ -- t ENCLOSURE 2 THE PRESERVE DENTON, TEXA8 EXHIBIT C o INANcE No AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR 138 992 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 132 (PD 132) ZONING DISTRICT, THE SUBJECT PROPERTY IS LOCATED NORTH OF SHADY SHORES ROAD JUST NORTH OF 1-35 EAST AND EAST OF SWISHER ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on October 18, 1988, by Ordinance 88-166, the City Council approved a change ,n zoning for 414 9 acres of land to Planned Development 132 (PD 132) Zomng District, as more part,cularly described there,n, and WHEREAS, on August 15, 1989, by Ordinance 89-101, the C,ty Council approved an amendment to the concept plan of Planned Development 132 (PD 132) zoning chstnct and a detmled plan for 2'17 3 acres of land, as more particularly descnbed thereto, and WHEREAS, on March 11, 1998, Mathew Goodwln, on behalf of Marc Foothc, apphed to amend the approved concept plan for Planned Development (132) zoning d~stnct and prowde for a detailed plan for 138 992 acres therem, and WHEREAS, on September 9, 1998, the Planning and Zoning Comnnsslon unammously recommended approval of an amended concept plan for Planned Development 132 (PD 132) zomng thstnct and a detailed plan for 138 992 acres located thereto, and WHEREAS, on November 7, 1998, ,n the prev,ous pubhc heanng to this one, the C~ty Council approved the amended concept plan for Planned Development 132 (PD 132) zoning distnct, and WHEREAS, the C,ty Council finds that the detailed plan is m comphance vath the concept plan for Planned Development 132 (PD 132) zoning distnct, the 1988 Denton Development Plan and the 1998 Denton Plan Pohc~es, NOW, THEREFORE THE COUNCIL OF TH]i CITY OF DENTON HEREBY ORDAINS SECTION I That the detailed plan attached hereto and mcorpomted hereto by reference as Extnblt B for 138 992 acres located wtthm PD 132, more particularly descnbed by the legal descnptl0n attached hereto and ~ncorporated hereto by reference as Exhibit A, is hereby approved w~th the following condmon 1. Tract D shall require a new Detail Plan ff any port~on ~s developed as any land use other than a pubhc school and/or pubhc park Z-98-037 (~" (' ~ SECTION H That the transportation improvements attached hereto and incorporated hereto by reference as Erdublt C shall be reqmred with the development of Tracts A, B, D and G ~ That the City's officml zomng map is amended to show the approval of the detailed plan ~ That any person violating any prowmon of tbas ordinance shall, upon eonvmtion, be fined a sum not exceeding $2,000 00 Each day that a prov]smn oft. bas ordinance as violated shall constitute a separate and distract offense SECTION V That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary ~s hereby d~rected to cause the caption of tlus ordinance to be pubhshed twace m the Denton Reeord-Chromcle, a dady newspaper published m the City of Denton, Texas, wlttun ten (10) days of the date of its passage PASSED AND APPROVED ttus the/'~-~-J~day of ~J~~, 1998 ATTEST ~-~NNIFER WALTERS, CITY SECRETARY ~PRO~D AS TO LEG~ FO~ HE~ERT L PRO~, CI~ A~O~Y PAGE 2 EXHIBIT A (PAGE 1 OF 3) PROPERTY DESCRIPTION STATE OF TEXAS~ COUNTY OF DENTON~ Belng a lracl of land situated in the G Walker Survey. Abstract No 13:50 In the City of Denlon, Denton Courtly. Texas, and b,e ng a portion of thai cerlaln tract of land described In a deed to Tara Land, Inc os recorded in Courtly Clerk s File No. 97-R00577:51 of the Real Properly Records of Denton County, Tax.as (..RPRDCT), and also being o partlan,o.f that cerlaln called :5 000 acre Iract of land described In o deed lo Barry A ~o4~an as recorded in Courtly Clerk s File No 97-R004:5702. RPRDCT, and being more parllculorly described by melee and bounds as follows ~ BEGINNING Gl a point ot Ihs Inlersechon of Page Road and Swisher Road, same being an Inner ell corner of said Tara Land, Inc tracl, THENCE N O0 13'50' E, along a westerly line of aa. id Tar? Lan. d, Inc Iract and In Swisher Road, o dislance of 1,511 72 feet to a narlhwest corner of said Tara Land, mc irac , THENCE, departing Swisher Road, song the common northery lines of said Tara Land. Inc tract and the southerly lines of tl~e tracts described in deeds Io doy Powell as recorded in Volume i695, Page 921 of Ihs Deed Records of Denton Counly, Texas (DRDCTI, Gregory L Cra, w. ford as recorded In Volume :5228, Page 0920, DRDCT and ~ob and wife Beverly Cook as recorded In County Clerk s File No 93-R005:5971, RPRDCT. the follow lng ~ N 89.5:5'06' E, o dmtance of 680:56 feet~ N"'89 51':58' E, a distance of 975 20 feet to Ihs soulheast corner of said Cook Iract, same being an inner ell corner of said Tara Land. Inc Iract~ THENCE. along the common westerly lines of said Tara Land. Inc tract end the easterly line of said Cook tracl. the eaelerly line of the lracts described In deeds Io Be ty d McDonnell. Russell McDonnell and wife. Della McDonneU as recorded In Volume :5015. Pacje 0540. DRDCT..Johnny F McCormick and wife. Lynde Gayla McCormick as recorded In Volume :5258. Page 058?. DRDCT and liens Powell as recorded In Volume 1695. Poge 911. DRDCT. the foltowlng~ N 00:54'14° E. a dlslance o! :520 09 feet, N OI 54'11' W, a dmtance of :54 17 feel, N O0 11'49' W, a distance of 331.)0 feet~ N O0 02'46' W. a dl$1once of :597 50 feet 1o a point in the cenlerline of a proposed road, same lying in o circular curve to the left having a radius point Ihal bears N i2 08'58' W, 500.00 feel~ THENCE. departlng o common weslery Ins of said Tara L~nd, Inc. tracl and the eaelerly line of said liens Powell tracl san the cenl tine of sold pro sad road. Iraverslng said Tara Land. Inc Iracllhe followlng~ nor~)hea$lerly ~ olong said c:,r~a~r curve to the left. ~r,o?jh, a central ongl, of ,3.22 °25" . an arc ~nglh ot ti8 ?J feet and~avJng o chard that bsars N ?1 09 4~) E. 1l{3 45 test to Ihs poJnl ot tangency, N {34 28'3{{' E. a distance of 34J 78 feel fo Ihs po{n{ o! curvatus'e of a ¢{rcular ~rvs to the rJghl. having a radJ~ of 1.000 O0 tsel, nort~asterl¥, a~ said cftc{ar carve to Ihs r(ght. I~oucjh a centrc{ ongle of l{3 29'18'" . on arc lenglh of 287.77 feel, end having a chord Ihot bears N 7'2 43'15' E, 286 78 feel, THENCE. deparling Ihs cenlerline of said proposed road. traverslng said Taro Land. Inc tract the followlng~ S 01.2:5'56' E, a distance of 790 50 feet, N 88.[4'28' E, o distance of 69.:51 feet, S 59 07'17' E, a distance of 269.09 feet Io a poi.hi In t.he. cente, r.l~e, o..f,,a,,s,e,c~d proposed road, same lying In a circular curve Io tho rlghl having o rcdlus pomt Iho~ Gears pi ~o.o~ ~ r,, 1,350 O0 feet, EXHIBIT A t (PAGE 2 OF 3) THENCE, dong the csnlerline of sold second proposed road, traversing sold Tara Land, Inc. tract the following~ soulhwesler y, along said circular curve to the rlghl, through a cenlrol angle of 26,54 '40', an arc lenglh of 654.08' feet ~nd hay ng a chord that bears S $7 55'09' W, 628 27 feet to Ihs point of tongency, S 51 22'$0' W, o dlsla.nce of 4:58 85 feet to the point of curvature of o circular curve to the left, having a radius of 1,000 00 feet, southweslerly, along sold c rcular curve 1o Ihs left, through ace, nt?l ongle_o_.f LS... 2.P 77'.: on ~C~n,C length of 268 $8 feel, and having o chord that bears S 4:5.4 I W, :>6/',o/' ~ee7 7o ma po of tongency, S :55 59'5:5' W, a dislance of 223 57 feel to Ihs point of curvature of a circular curve Io 1he right, having o radius of 1,000.00 feet, southwesterly, along said circular curve to. the righl, through a central angle of 12 II '§6° , an arc lenglh of 2'12 91 feel, and having ,', chore that bears S 42 05'§1' W, 2i2 .51 feet 1o the point of tangency, $ 45 11'48' W, a dislonce of 472 21 feet to the polnl of curvature of a circular curve to Ihe taft having a radius of 800 00 feet, 4'1 soulhwsslerl , along said circular curve Io lhe loll, through o central anglo of 15. I 6 . on arc lenglh of 21~,04 fie, I, and having o chord thai bears S 40 21'10' W, 218.:56 feet to Ihe polnl of fongency, S :52:50'32" W, passing at an appro~lmole distance of 182 feel a common southerly llne of said Tara Land, Inc, tract andihe narlherly I'lhe of Ihs aforementioned Began Iract, said polnl being easlerly, opproxlm<~tely 17 feel from the corn.mo,., n. north, west c.arnar .o,f...aold .B~G~_~ tr??_~_~l~ of sold T~ro Lond, Inc. tr~:t, connnulng, irovarsing SOlO i~og(~l iruc,, p~aa.,,,j u, u. ,q,,~,, Bogen Ir~l, said point being southerly, (!pprox~n~31eP/z~ ~ee! ~rom me common n so d Bogon lracl and on nner ell corner of sold T~ro'Land, Inc Ir~cl, continuing, dong the centerllne of sold second propoeed roaod and trovarelng sold Tara L~.n~.: .thc; Iracl for on.o,v~a..ll..d~l..on.c_e_?f 510 feel to the point of curvature of o circular curve Io the r~gn! having o roolu$ o7 ~, uw.~ $oulhwest ri ,31o sold circular curve to the right, Ihrough o cenlrol angle of B:5 1§'44° , on arc longlh of ~2]d.81 ~el, and h~vlng o chord Ih~t bears S 49.08'2§° W, 858 6:5 feel, THENCE:, deparhng Ihe cenlarline of sold second proposed rood, Iraverstng sold Taro Land, Inc lroc! follow lng, S :54 El'il' E:, o dlslonce of 249.45 feet, N 56 50'45' E, o dlslonce of 260 85 feet, N SI IB°35' E, o distance of 267.04 feel, N 46:5:5f00' E, o dl$1once of 7'/',85 feet, N 65 10'04° E, o distance of 1~4:55 feel Io an eoslerly line of sold Taro Land, Inc trocl, some beln§ near Ihe easl line of sold Swisher Rood, ' · o, lon on eastarl line of sold Toro Land, Inc troc and near Ihs east line of s~ld THE:NCE: S 00,:52 50 W, y I 24'§:5' W, a distance of ~6 Swisher Rood, a distance of :5:5~g 9:5 feel to a point, s. al..d point b.e.l, ng call.ed..S 2.. ........ feet from the Intersection of the norlh line of Chapparro~ urive ana 7ne eosl line o7 sa~a aw~sner THE:NCE: S 00 5,:5'0:5' E:, along an easterly Ins of said Taro Land, tnc trout and In said Swisher Road, o distance of ,0'/0.15 fee Io a point In Swisher Road, same being the norlheast corner of Ihs Iracf of land described In o Q~llclalm deed lo Lake Cities Municipal Utll ly Authority as recorded n Volume 1929, Page 8:50, DRDCT, and a $oulheast corner of said Tar`., Land, Inc. tracl and also being situated norlherly, approx~malely 80 feet from the northeast corner of Shiloh Cameler¥~ EXHIBIT A (PAOE 3 OF 3) N 89 07'07' W deporting sold Swisher Rood, along o common southerly line of said Tara Lo~d, Inc THENCE , rll tract ssin al an o proxlmole tract (3nd the norlherl tine of said La~,e Cities Municipal .U!ll. ity. Au_l.h.o. feetYthe common norlhwesl corner of dlslonce o~202 T ra L~nd nc tract for on overall i~ar eli corner of so d Toro Land, Inc trocl, continuing, traversing said o , distance of 2~4.88 feel~ THENCE, troverslng said Toro Land, Inc lrocl lhe followlng~ N 01 59'16' E, o d~stonce of ~55 14 feel~ N 16 05'10' W, o distance of 509,50 feel~ N 82 05'20' W, o dislonce of 5~0 74 feet~ N 07 t9'02' W, o distance of 426 04 feet, N 54 21'11' W, o distance of 252 75 feet Io a point In the centerline of the oforementl~ed seco~ proposed rood ~ THENCE, oleg Ihe cenlerline of said second proposed road, traversing said T~o Land, Inc. tract the fol~wlng= S 66 52'54' ~, o distance of 282 41 feet to Ihe ~lnt of curvature of o circler c~ve lo the left, having o radius of 1,0~.~ feet~ aid clrcul~ c~ve ~o the left, lhr~gh o central ~gle of 55 4~'44', on otc ~gth s~th~terl~, ol~ s ~02' W 61~ 5~ feet~ of 62~.59 feel, end having o chord t~l bears 5 48.41 , 6 55'22' W de lin the cenlerllne of sold sec~ prep?ed ~d~ o ~ls~e ~f 7~_~5 feet to S 8 f~ld ~o L~d, ~c. lrocl and the eos~ ~me o c~n west line o ..... , .......= · a~.~.. ~-rs os recorded n Vo~me 9~4, Po~ 146, descr bed n o deed to Falr c~ u. ~ ~ ~ u.u DRDCT ~ , ' · . Ion lhe ll~ c~m~ to sold Tara Lend, Inc Irocl e~d sold O'Brlen o~ R~rs trocl, THENCE N ~ 14 05 W_ o g .......... ~.~ .... ~lhwest corner of sold Toro L~, ~c ~ d~slonce of ,595 50 feet to a po n n ~oga -~, ~- ug,,,~ ~ ,, tract, T~NCE S 89 55'1]' E, with o northerly line of sold Toro Land, Inc tract ~d In Page Rood, o disla~e of 1,077 95 feet~ THENCE N 89 ~8'~8' E, contlnulng~ongo northerly d~slonce of 296.75 feel to Ihe POINT OF~EGINNING, o~ conlolnlng 6,054,5 0 s~ore feet or 1~8.992 acres of ~d, more or ~ENTON~ TEXAS EXHIBIT B (PAOE 2 OF 2) TYPICAL CORNER LOT REQUIREMENTE TYPICAL LOT REQUIREMENTS II.~j[]~ 81NOLE FAMILY LOT REQUmEMI-=NTS ;I Ii :" DENTON, TEXAS EXHIBIT D AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMEND~ TO THE AREA REGULATIONS AS THEY PERTAIN TO THE DEFINITION OF A "FRONT YARD" OF ORDINANCE 98-394 Vii{ICH APPROVED AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 132 (PD 132) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 427 616 ACRES OF LAND LOCATED TO THE NORTH OF SHADY SHORES ROAD AND THE EAST SIDE OF SWISHER. KOAD, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOP, A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS TI~REOF; PP,OVIDING FOK SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-067) WHEREAS Marc Foothk, on behalf of the Preserve at pecan Creek Partners, Ltd, has appl, ed to amend the defuntmn of a front yard to allow porches beyond the bmldlng line for single- family lots,in Planned Development 132 (PD 132) zomng district, and WI-~REAS, on October 13, 1999, the Planning and Zoning Commission recommended demal of the requested change in the defuution of"front yard" so to approve the amended defunt~on required a Super majonty vote of the City Council, and WHEREAS, the City Council f~.ds that an amendment to the area regulations as they pertain to the deflmtion of a "front yard" for single-family lots will be consistent voth the 1988 Denton Development Plan, the 1998 Denton Plan Polmies, and the 1999 Growth Management Strategies and Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the area regulations as they pertain to a "front yard" as established by Ordinance ~98-394~ wlueh adopted an amended concept plan for 427 616 acres votlun Planned Development 132 (PD 132) zomng chstriet classlficatton and uso demgnafaon, described m the legal descnption attached hereto and incorporated hereto as Exlublt A are amended under the comprehensive zoning ordinance of the City of Denton, Texas, as follows Front Yard for Single-family Lots. Yard, front means an open, unoccupied space on a lot facing a street extending across the,front ora lot between side lot lines and from the mmn braiding line On all smgle-farmly lots, porches wtth structural support (columns) shall be allowed to extend into the front yard five feet (5'-0") and any associated roof overhang and/or sm~ilar spcmal architectural feature shall be allowed to extend another three feet (3'- 0"), Outside of porches and their associated roof overhang and/or sm~lar special arc~nteotural features, thc front yard shall not be obstructed from a point forty-two roches (42") above the general ground level by a guardrml, fence or other object, except as provided for roof overhang or smular special arclutectural features or plant malenal Porch. Porch means an open, unenclosed, unobstructed, and non-habitable space w~th structural supports (columns) attached to the front ora smgle-farmly dwelling facing a pubhc street and used for a purpose customarily mc,dental to the mare structure, not including those allowed m accessory bmldmgs (e g garage or carport), m a resident,al d,stnct Guardrail. Guardratl means a system ofbmldmg components located along the open sides of a porch's elevated surface for the purpose of wm~roizmg the posmb,hty of an acc,dental fall from the elevated surface to the lower level SECTION 2 That the provis,ons of this ordinance shall govern and control over any confuctmg prov,s,ons of Ordinance 98-394, but all pro',uslons of Ord,nanee 98-394 as they apply to the remaining portion of Planned Development 132 (PD 132) zomng dlstnct land use regulations not herein amended, shall continue m full force and effect SECTION 3 That a copy of this ordinance shall be attached to Ordinance 98-394 showing the amendments here, n approved SECTION 4 That any person v, olatmg any provls,on of this ord,nance shall, upon conv,ctlon, be fined a sum not exceeding $2,000 00 Each day that a prov, s,on of this ord,nance ~s wolated shall const,tute a separate and d, stmct offense SECTION 5 That ,f any sect,on, subsect,on, paragraph, sentence, clause, phrase, word, or prov,slons of this ordinance shall be adjudged mvahd or held unconst,tutlonal, the same shall not affect the vahdlty of flus ordinance as a whole or part or prows,ons hereof, other than the part so decided to be mval,d or unconstxtutional, and the City Coune, l of the C, ty of Denton, Texas hereby declares it would have enacted such remamang pomons despite any such validity SECTION 6 That flus ordinance shall become effechve fourteen (14) days from the date of,ts passage, and the C,ty Secretary ~s hereby dmected to cause the caption of flus ordinance to be pubhshed twice m tho Denton Reeord-Chromcle, a dmly newspaper published m the C~ty of Denton, Texas, w,tlun ten (10) days o~fthe date or,ts passage PASSED AND APPROVED flus the /~--'~ dayof .L~/~~ ,1999 JAC~LER, MAYOR Page 2 ATTEST JENNIFERIWALTERS, CITY SECRETARY AP~I [OVI~D AS TO LEG~ FORM HERBERT L PROUTY, CITY ATTORNEY Page3