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Home My WebLink About1999-432\M LOL\VOLIV9HAg8g06PPLOLW 9 79A ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 97- 205, TO PROVIDE FOR A CHANGE IN THE DETAILED PLAN FOR PLANNED DEVELOPMENT (PD-35), BY APPROVING A REVISED DETAILED PLAN FOR 7 626 ACRES OF LAND LOCATED ON THE CORNER OF U S HWY 377 AND THE SANTA FE RAILWAY, WEST OF F M 1830, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE (Z- 99-079) WHEREAS, D R Cameron and Associates, has applied for an amendment in zoning for 7 626 acres of land on Planned Development (PD-35) by asking for approval of a revised detailed plan for the 7 626 acres, and WHEREAS, on October 27, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning, and WHEREAS, the City Council finds that the change in zoning will be consistent with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That ordinance 97-205 providing approval of a revised detailed plan for Planned Development No 35 is hereby amended for the 7 626 acre property described in the legal description attached hereto and incorporated herein as Exhibit "A", by approval of a revised detailed plan as described in Exhibit'B", which is attached hereto and incorporated herein by reference The 7 626 acre property shall be subject to the following additional condition The exterior of the homes to be constructed shall consist of at least 75% brick, windows and doors excepted SECTION 2 That a copy of this ordinance shall be attached to Ordinance No 97-205, showing the amendment herein approved SECTION 3 That 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 SECTION 4• That if any section, sub -section, paragraph, clause, phrase, or provisions of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part of provisions hereof, other than the part so decided to be invalid or unconstitutional \\CH LGL\VOLR511,1P8UN8PTV.OLWu[ Oo[vmmu`AN19[o[e[\9P2 994" d. SECTION 5 That Ordinance No 97-205, as amended, shall remain in full force and effect, save and except as amended by this ordinance SECTION 6 That 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-Chromcle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the day of 1999 l JACK L , R, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY AA4 MJ 1"/ /1), APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY A Page 2 EXHIBIT A LEGAL DESCRIPTION WHEREAS, PULTE HOME CORPORATION OF TEXAS, is the owner of a two tracts of land situated in the B B B & C R R Survey, Abstract No 196, in the City of Denton, Denton County, Texas, being part of a 70 654 acres of land, as described in Clerks File No 97-R0055782, in the Deed Records of Denton County, Texas, being more particularly described as follows TRACT I BEGINNING, at a %: inch iron rod found at the most northerly of the most westerly northwest comer of Bent Creek Phased, an addition to the City of Denton, Texas, as described in Volume 0, Pages 85-86 in Map Records of Denton County, Texas and being in the intersection of the south right of way line of U S Highway 377 (Variable width R 0 W ) and the north right of way line of Mosscreek Drive (50' R 0 W ), THENCE, North 44004'42" East, along the said RO W of U S Highway 377 and along the north line of said 70 654 acre tract for a distance of 115 00 feet to a %n inch iron rod found, THENCE South 46-0603" East, departing the said R 0 W and along the westerly northeast line of the said 70 654 acre tract for a distance of 634 64 feet to a''/a inch iron rod found, said iron being in the north line of Bent Creek Phase II, THENCE, South 43045'39" West, along said north line for a distance of 115 00 feet to a %s mch iron rod found, said iron being in the North right of way line of Mosscreek Drive, THENCE, North 46°06'03" West, continuing along the said north R 0 W line of Mosscreek Drive for a distance of 635 28' to POINT OF BEGINNING and containing 1 675 acres of land TRACT II BEGINNING, at a %2 mch iron rod found at the most southerly of the most westerly northwest comer of Bent Creek Phase I, an addition to the City of Denton, Texas, as described in Volume 0, Pages 85-86 in Map Records of Denton County, Texas and being in the intersection of the south right of way line of U S Highway 377 (Variable width R 0 W ) and the south right of way line of Mosscreek Drive (50' R 0 W ), THENCE, South 46006'03" East, along said south R 0 W line of Mosscreek Drive for a distance of 635 56 feet to a'/: inch troti rod found, THENCE, South 43045-39" West, departing the said R 0 W along the northwest line of said Bent Creek Subdivision Ph I, for a distance of 467 67 feet to a''/2 inch iron rod found in the North R 0 W line of the G C & S F Railroad, THENCE, North 35023'10" West, along the said north R 0 W line for a distance of 649 09 feet to a %," iron rod set, said point lying in the south right of way line of U S Highway 377, THENCE, North 44°04'42" East, along the said south right of way line of U S Hwy 377 for a distance of 347 00 feet to the POINT OF BEGINNING AND CONTAINING 5 951 ACRES OF LAND 0 V3 a N W � p rry � RR i e d rc L f� r u � 9 i . ` , A ' %kv\oil \ \ / 41 \ \ .40 so h ", aaa� dat , Z0 3Jtld 9NI MNIVN3 NIM600 06496CU6 SZ bT 666T/9T/TT