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HomeMy WebLinkAbout1998-394o��\o NOTE. Amended b Ordinance No 99-429 "! °9Cirllt°Ke�+ t9Y8iffei 1Qt9 2000-416 NOTE. Amended by Ordinance No. 2001-189. NOTE Amended by Ordinance No. 2001-260 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE APPROVAL OF AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 132 (PI) 132) ZONING DISTRICT, AS THE 427 616 ACRES DESCRIBED IN EXHIBIT "A" APPLY TO THE 414 9 ACRES OF LAND DESCRIBED IN ORDINANCE 89-101 AND ORDINANCE 88-166, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MA)M" 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 in zoning for 414 9 acres of land to Planned Development 132 (PD 132) Zoning District, as more particularly described therein, and WHEREAS, on August 15, 1989, by Ordinance 89-101, the City Council approved an amendment to the concept plan of Planned Development 132 (PD 132) zoning district and a detailed plan for 217 3 acres of land, as more particularly described therein, and WHEREAS, on March 11, 1998, Mathew Goodwin, on behalf of Marc Footlic, applied to amend the approved concept plan for Planned Development (132) zoning district and provide for a detailed plan for 138 992 acres therein, and WHEREAS, on September 9, 1998, the Planning and Zoning Commission unanimously recommended approval of the rezoning of 15 088 acres from an Agricultural (A) zoning district to Planned Development 132 (PD 132) and a concept plan for the expanded zoning district, and WHEREAS, on November 7, 1998, in the previous public hearing to this one, the City Council approved the rezoning of 15 088 acres from an Agricultural (A) zoning district to Planned Development 132 (PI) 132) zoning district, and WHEREAS, the City Council finds that the proposed concept plan will be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Ordinance 88-166, providing approval for the rezoning of 414 9 acres to Planned Development 132 (PD 132) zoning district and the original concept plan for said district, and Ordinance 89-101, providing approval for an amendment to a portion of the original concept plan and for a detailed plan covering 184 2 acres within PD 132 zoning district, are amended by the approval of a new concept plan (The Preserve) attached hereto as Exhibit B and incorporated herein by reference, and more particularly described in the legal description for 427 616 acres of real property attached hereto and incorporated herein by reference as Exhibit A, subject to the following conditions �THWLvoLMw�aeav Ho Lwo.owum�9=9"1iomwiue c OPNW Prior to the issuance of any building permits for lots on Tracts C, H, I J, K, L, M, O, and P, as identified on the concept plan, adequate transportation infrastructure in accordance with the approved Traffic Impact Analysis (TIA) shall be constructed If a revision to the City of Denton's Long Range Thoroughfare Plan requires a change in the alignment of the spine road and the configuration of adjacent tracts, the maximum number of umts/lots within each effected tract shall be allowed to increase or decrease accordingly, while the cumulative total for all effected tracts shall be no greater than originally permitted by the concept plan SECTION II, That the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance 88-166 and Ordinance 89-101 as they apply to the 427 616 acres of land described in Exhibit A, but all provisions of Ordinance 88-166 and Ordinance 89-101 as they apply to the remaining portion of PD 132 zoning district not herem amended, shall continue in full force and effect SECTION III That the City's official zoning map is amended to show the change in zoning district classification SECTION VI 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 $ACTION V 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 published1twice 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 Agday of V,&OM1J O , 1998 JACOtLER, MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETARY PAGE 2 \\CHLOL\VOLT\SHARBM➢0P19LOL\O9r0 mmuWeGll CA9M98411O W. C 11M-E APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 3 EXHIBIT A (PAGE 1 OF 3) LEGAL DESCRIPTION BEING a 427 616 acre tract of land in the G Walker Survey Abstract No 1330 and the W Durham Survey, Abstract No 330 situated in the City of Denton Denton County Texas and the Extra -territorial Jurisdiction of Denton County Texas said tract being conveyed to Tara Land 1 Ltd by deed recorded in Denton County Clerk s File No 97-R0057731 BEGINNING at a point found at the intersection of the North right-of-way line of the M K 6 T Railroad ($00 ROW) and the East line of a tract conveyed to Patrick D 0 Brien and J Steven Rogers by tleetl recorded in Volume 934 Page 146 of the Deed Records of Denton County Texas THENCE N00 14 05"W along the East line of said 0 Brien/Rogers tract, 1586 69 feet to a point said point being on the South right-of-way line of Pockrus-Page Road (50 ROW), THENCE S89'55 13 E along the South right-of-way line of said Pockrus-Page Road 1077 93 feet to a point THENCE N89'38 38 E along the South right-of-way line of said Pockrus-Page Road 296 73 feet to a point THENCE NOO'13 50 E along the East line of Swisher Road (50 ROW) 1511 72 feet to a point on the South line of a tract of land conveyed to Joy Powell by deed recorded in Volume 1695 Page 921 of the Deed Records of Denton County Texas THENCE N89'53 06 E 680 36 feet to a point THENCE N89.51 38 E, 975 20 feet to a point found for the Southeast corner of a tract conveyed to Bob and Beverly Cook by deed recorded in Denton County Clerk s File No 93-R0053971 THENCE N00.34 14 E, 320 09 feet to a point THENCE N01'54 11 W. 34 17 feet to a point THENCE N00'11 49 W 331 30 feet to a point THENCE NOO.02 46 W. 346 64 feet to a point found for the Northeast corner of a tract of land conveyed to Johnny and Lynda McCormick by deed recorded in Volume 3238 Page 587 of the Deed Records of Denton County Texas, THENCE S89'48 51 W along the North line of said McCormick tract 1632 50 feet to a point THENCE S85'08 53 W 4 99 feet to a point found for the Northwest corner of a tract conveyed to Johnny and Lynda McCormick by tleetl recorded in Volume 198 Page 906 of the Deed Records of Denton County, Texas, said point also being on the East right-of-way line of said Swisher Road THENCE NOO'57 09 E along the East right-of-way line of said Swisher Road, 283 10 feet to a point said point being the Southwest corner of a tract conveyed to LaJuana Leatherwood by document recorded in Denton County Clerk s File No 96-R30681-211 of the Deed Records of Denton County Texas THENCE N68'21 03 E 271 89 feet to a point THENCE N85 It 52 E 526 69 feet to a point THENCE N89051 18 E, 150 03 feet to a point THENCE N89'51 52"E, 704 84 feet to a point said point being found for the Southeast corner of a tract of land conveyed to Milton Robert Jacobs and Lynn S Willard by deeds recorded in Volume 1310, Page 110 and Volume 1330 Page 327 of the Deed Records of Denton County Texas THENCE N00'02 46 W 31 62 feet to a point THENCE N00'08 14"W 374 26 feet to a point THENCE NOI.21 16 W. 271 72 feet to a point THENCE NOO'23 18 W 534 87 feet to a point found for the Northeast corner of a tract conveyed to Robert and Carol Beene by deed recorded in Volume 1001 Page 927 of the Deed Records of Denton County Texas THENCE N89'30 46 E 1261 21 feet to a point found for the Southeast corner of a tract conveyed to Raymond and Judith Grimes by deed recorded in Volume 1411 Page 654 of the Deed Records of Denton County Texas EXHIBIT A (PAGE 2 OF 3) THENCE N00'40'32 W. 83 57 feet to a point, said point being the Point of Curvature of a non-tanggenticircular curve to the right having a radius of 1140 00 feet, a central angle of 27'53 58", a chord bearing of N10'20 00"E and a chord length of 549 64, THENCE along said curve to the right, 555 11 feet to a point, THENCE N21*20'59"E, 698 84 feet to a point on the Southern line of a Corps of Engineers (COE) tract, THENCE S70'46'08"E, 249 98 feet to a point, THENCE S24'35'32"E, 1163 69 feet to a point, THENCE N79'32'26"E, 244 71 feet to a point, THENCE S53'03'40"E, 477 60 feet to a point, THENCE S41'05'07"E, 385 93 feet to a point, THENCE S41'34'28"E, 302 08 feet to a point, THENCE S30.30'21"W, 360 72 feet to a point, THENCE S51'07'36"W, 680 01 feet to a point, THENCE S23'31'04"W 247 93 feet to a point found for the Northwest corner of a tract conveyed to Hidden Valley Association by deeds recorded in Volume 556 Page 6603 and Volume 551, Page 416 of the Deed Records of Denton County, Texas, THENCE S89'44'52"W along the North line of said Hidden Valley tract 705 60 feet to a point found for the Northwest corner of said Hidden Valley tract, THENCE S00'20'38"E along the West line of said Hidden Valley tract, 766 06 feet to a point THENCE S00'01'56"W along the West line of said Hidden Valley tract, 711 82 feet to a point found for the Northwest corner of Hidden Valley Estates, a subdivision to the City of Denton Denton County, Texas as recorded in Cabinet 0, Slide 377 of the Plat Records of Denton County Texas THENCE S00'2i'40"E along the West line of said Hidden Valley Estates, 776 91 feet to a point found for the Southwest corner of said Hidden Valley Estates, said point also being the Northwest Corner of a tract of land conveyed to Susanne Turner by deed recorded in volume 842, Page 348 of the Deed Records of Denton County, Texas THENCE S00021'10"W along the west line of said Turner tract, 248 16 feet to a paint, THENCE S00 %2 41"W, 51 73 feet to a point found for the Northeast corner of a tract conveyed to James and Beverly Arrasmith by deed recorded in Volume 2275, Page 5 of the Deed Records of Denton County, Texas, THENCE S88'53'22"W, 354 12 feet to a point, THENCE S89'53'53"W, 340 50 feet to a point, THENCE S69'21 38"W, 989 42 feet to a point, THENCE S88'39'39"W, 989 28 feet to a point, THENCE SOO'32'50 W. 1088 92 feet to a point, THENCE 900'53'03"E, 1070 15 feet to a point found for the Northeast corner of Shiloh Cemetery, an addition to the City of Denton, Denton County, Texas recorded in Cabinet J. Slide 43 of the Plat Records of Denton County, Texas THENCE N89'07'07'W along the North line of said Shiloh Cemetery, 202 03 feet to a point for the Northeast corner of said Shiloh Cemetery, THENCE SOi'11'02"W, 79 97 feet to a point, THENCE SOR'30 56"E along the West line of said Shiloh Cemetery, 424 20 feet to a point found for the Southwest corner of said Shiloh Cemetery, said point also being on the North right-of-way line of Shady Shares Road (50'ROW), EXHIBIT A (PAGE 3 OF 3) THENCE NBP'56 31"W along the North right-of-way line of said Shady Shores Road, 586 31 feet to a point found for the intersection of the North right-of-way line of said Shady Shores Road and the North right-of-way line of MK&T Railroad (100 ROW), said point also being the Point of Curvature for a non -tangent circular curve t0 the left having a radius of 2387 22 feet a central angle of 14'47 55 , a chord bearing of N39'39 26 W and a chortl length of 614 87feet THENCE along said curve to the left and the North right-of-way line of said Railroad 616 58 feet to a point THENCE N48'19 16"W along the North right-of-way line of said Railroad right-of-way 277 07 feet to a point found for the Point of Curvature of a circular curve to the left having a radius of 1542 71 feet, a central angle of 28029 14 , a chord bearing of N62'33 45"w and a chord length of 759 15 feet THENCE along said Curve to the left and the North right-of-way line Of said Railroad right-of-way 767 03 feet to a point THENCE N76'48 29"W along the North right-of-way line of said Railroad right-of-way 213 89 feet to the POINT OF BEGINNING and containing 18 626 936 square feet or 427 616 acres of land EXHIBIT B (PAGE 1 OF 2) Ah u E Resl©TIAL O RESIDENTIAL— ' I RESIDENTIAL RE IDENTIAL m _ RE AIL D _ a ��� / doh •ii�••�_i O �/ C Ili 1 O f RESIDENTIAL RESIDENTIAL , , SARKD O � S • ^ I NTIAL • 1 O R I TIAL I ENTA (♦ 90 I 00 i• Ytlm �rH 4��� t/YrW r�ww�i /R® 0!./1. ILIr YlW 0.11 / 11Mtl CONCEPT PLAN 11 Ei THE PRESERVE DENTON, TEXAS iT i EXHIBIT B (PAGE 2 OF 2) l(li v y1 (il; a �i i 11 P�9 < S( �liil I i m s 8 finis ip 1 W M AM 1lQr $ •MIa. MOM 11 ntllr 4CCCY�yoY`g�T6A"' Y� a 'I �u,rr wr fon ev m m �. n° we nnefa wr vinx m � =5a rww per esrx re R" 1� ;E RE8IDENTIAL LOT REQUIREMENTS 6i ; THE PRESERVE I ! DENTON, TEXAS +T Is is m 1= \UGH LGUVGLI%HARPD1p8% LA �netl00Amarc�99A6 ORDINANCE NO W- �g 9 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE AREA REGULATIONS AS THEY PERTAIN TO THE DEFINITION OF A "FRONT YARD" OF ORDINANCE 98-394 WHICH 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 ROAD, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING FOR SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-067) WHEREAS Marc Footlik, on behalf of the Preserve at pecan Creek Partners, Ltd, has applied to amend the definition of a front yard to allow porches beyond the budding line for single- family lots in Planned Development 132 (PD 132) zoning district, and WHEREAS, on October 13, 1999, the Planning and Zoning Commission recommended denial of the requested change in the definition of "front yard" so to approve the amended definition required a super majority vote of the City Council, and WHEREAS, the City Council finds that an amendment to the area regulations as they pertain to the definition of a "front yard" for single-family lots 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 the area regulations as they pertain to a "front yard" as established by Ordinance 98-394, which adopted an amended concept plan for 427 616 acres within Planned Development 132 (PD 132) zoning district classification and use designation, described in the legal description attached hereto and incorporated herein as Exhibit 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 of a lot between side lot lines and from the main building line On all single -faintly lots, porches with structural support (columns) shall be allowed to extend into the front yard five feet (5 %0") and any associated roof overhang and/or similar special architectural feature shall be allowed to extend another three feet (3'- 0") Outside of porches and their associated roof overhang and/or similar special architectural features, the front yard shall not be obstructed from a point forty-two inches (42") above the general ground level by a guardrail, fence or other object, except as provided for roof overhang or similar special architectural features or plant material NK WMVOLI a,uneorn�L�.M s 7m Porch. Porch means an open, unenclosed, unobstructed, and non -habitable space with structural supports (columns) attached to the front of a single-family dwelling facing a public street and used for a purpose customarily incidental to the main structure, not including those allowed in accessory buildings (e g garage or carport), in a residential district Guardrail. Guardrail means a system of building components located along the open sides of a porch's elevated surface for the purpose of mimmizmg the possibility of an accidental fall from the elevated surface to the lower level SECTION 2 That the provisions of tins ordinance shall govern and control over any conflicting provisions of Ordinance 98-394, but all provisions of Ordinance 98-394 as they apply to the remaining portion of Planned Development 132 (PD 132) zoning district land use regulations not herein amended, shall continue in full force and effect SECTION 3 That a copy of tins ordinance shall be attached to Ordinance 98-394 showing the amendments herein approved SF,CTION 4 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 tins ordinance is violated shall constitute a separate and distinct offense SECTION 5 That if any section, subsection, paragraph, sentence, clause, phrase, word, 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 part or provisions hereof, other than the part so decided to be invalid or unconstitutional, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity $,ACTION 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 L h day of 1999 JAC M LER, MAYOR Page 2 \,CH WL\VOLI\SXAp®\pg�l\IgLWef Wwtni,`ON�wxq\9P29P06)Ex ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY Page 3 EXHIBIT A (PAGE i OF 3) LEGAL DESCRIPTION BEING a A27 616 acre tract of land in the G Walker Survey, Abstract No 1330 and the W Durham Survey Abstract No 330 situated in the City of Denton Denton County, Texas and the Extra -territorial Jurisdiction of Denton County Texas said tract being conveyed to Tara Land 1 Ltd by deed recorded in Denton County Clerk s File No 97-R0057731 BEGINNING at a point found at the intersection of the North right-of-way line of the M K 6 T Railroad (100 ROW) and the East line of a tract conveyed to Patrick D 0 Brien and J Steven Rogers by deed recorded in Volume 934 Page i46 of the Deed Records of Denton County Texas THENCE N00'14 05"W along the East line of said 0 Brien/Rogers tract, 1586 69 feet to a point said point being on the South right-of-way line of Pockrus-Page Road (50 ROW), THENCE S89455 13"E along the South right-df-way line Of said Pockrus-Page Road 1077 93 feet to a point THENCE N89'38 38'E along the South right-of-way line of said Pockrus-Page Road 296 73 feet to a point THENCE N00'13 WE along the East line of Swisher Road (50 ROW), 1511 72 feet to a point on the South line of a tract of land conveyed to Joy Powell by deed recorded in Volume 1695 Page 921 of the Deed Records of Denton County, Texas THENCE N89'53 06"E, 680 36 feet to a point, THENCE N89'51 38'E, 975 20 feet to a point found for the Southeast corner of a tract conveyed to Bob and Beverly Cook by deed recorded in Denton County Clerk s File No 93-POO53971 THENCE N00'34 14'E, 320 09 feet to a point, THENCE NOf'54 11"W, 34 17 feet to a point, THENCE N00'11 49"W 331 30 feet to a point THENCE N00'02 46"W, 346 64 feet to a point found for the Northeast corner of a tract of land conveyetl to Johnny and Lynda McCormick by deed recorded in Volume 3238 Page 587 of the Deed Records of Denton County Texas, THENCE S89.48 51-W along the North line of said McCormick tract 1632 50 feet to a point THENCE S8$'O8 53"W, 4 99 feet to a point found for the Northwest corner of a tract conveyed to Johnny and Lynda McCormick by deed recorded in Volume 198, Page 906 of the Deed Records of Denton County, Texas said point also being an the East right-of-way line of said Swisher Road THENCE N00'57 09"E along the East right-of-way line of said Swisher Road, 283 10 feet to a point said point being the Southwest corner of a tract conveyed to LaJuana Leatherwood by document recorded in Denton County Clerk s File No 96-R30681-211 of the Deed Records of Denton County Texas, THENCE N6B'21 03"E, 271 89 feet to a point, THENCE N85'11 52"E 526 69 feet to a point, THENCE N89'51 18"E, 150 03 feet to a point, THENCE N89'51 52"E, 704 84 feet to a point said point being found for the Southeast corner of a tract of land conveyed to Milton Robert Jacobs and Lynn S Willard by deeds recorded in Volume 1310, Page 110 and Volume 1330, Page 327 of the Deed Records of Denton County Texas THENCE N00'02 46"W, 31 62 feet to a point, THENCE N00'OB 14"W, 374 26 feet to a point THENCE NOl'21 16-W, 271 72 feet to a point, THENCE NOQ'23 18"W, 534 87 feet to a point found for the Northeast corner of a tract conveyed to Robert and Carol Beene by deed recorded in Volume 1001 Page 927 of the Deed Records of Denton County, Texas, THENCE N89'30 46"E, 1261 21 feet to a point found for the Southeast corner of a tract conveyed to Raymond and Judith Grimes by deed recorded in Volume 1411 Page 654 of the Deed Records of Denton County Texas, EXHIBIT A (PAGE 2 OF 3) THENCE N00'40'32'W, 83 57 feet to a point, said point being the Point of Curvature of a non -tan gg ant circular curve to the right having a radius of 1140 00 feet, a central angle of 27'53'58 , a chord bearing of NiO.20 00'E and a chord length of 549 64 THENCE along said curve to the right, 555 11 feet to a point THENCE N21'20'59'E, 698 84 feet to a point on the Southern line of a Corps of Engineers (COE) tract; THENCE S70'46'08"E, 249 98 feet to a point, THENCE S24'35'32'E, 1163 69 feet to a point, THENCE N79'32'26'E, 244 71 feet to a point, THENCE S53'03'40"E, 477 60 feet to a point, THENCE S41'05'07"E, 385 93 feet to a point, THENCE S41'34'28"E, 302 08 feet to a point, THENCE S30030'21"W, 360 72 feet to a point, THENCE S51'07'36"W, 680 01 feet to a point, THENCE S23'31'04'W, 247 93 feet to a point found for the Northwest corner of a tract conveyed to Hidden Valley Association by deeds recorded in Volume 556, Page 6603 and Volume 551, Page 416 of the Deed Records of Denton County, Texas, THENCE S89'44'52'W along the North line of said Hidden Valley tract, 705 60 feet to a point found for the Northwest corner of said Hidden Valley tract, THENCE S00020'38'E along the West line of said Hidden Valley tract, 766 06 feet to a point THENCE S00'01'56'W along the West line of said Hidden Valley tract, 711 82 feet to a point found for the Northwest corner of Hidden Valley Estates, a subdivision to the City of Denton Denton County, Texas as recorded in Cabinet D. Slide 377 of the Plat Records of Denton County, Texas, THENCE S00'21'40"E along the West line of said Hidden Valley Estates, 776 91 feet to a point found for the Southwest corner of said Hidden Valley Estates, said point also being the Northwest corner of a tract of land conveyed to Susanne Turner by deed recorded in Volume 842, Page 348 of the Deed Records of Denton County, Texas, THENCE S00'21'10"W along the west line of said Turner tract, 248 16 feet to a point, THENCE S00'12'4i'W, 51 73 feet to a point found for the Northeast corner of a tract conveyed to James and Beverly Arrasmith by deed recorded in Volume 2275, Page 5 of the Deed Records of Denton County, Texas, THENCE SSB'53'22'W, 354 12 feet to a point, THENCE S89153'53'W, 340 50 feet to a point, THENCE S89'21'38'W, 989 42 feet to a point, THENCE 588139'39'W, 989 28 feet to a point, THENCE S00'32'50'W, 1088 92 feet to a point, THENCE S00'53'03"E, 1070 15 feet to a point found for the Northeast corner of Shiloh Cemetery, an addition to the City of Denton, Denton County, Texas recorded 1n Cabinet J. Slide 43 of the (slat Records of Denton County, Texas. THENCE N89'07'07'W along the North line of said Shiloh Cemetery, 202 03 feet to a point for the Northeast corner of said Shiloh Cemetery, THENCE S01'ii'02'W, 79 97 feet to a point, THENCE S02'30'56'E along the West line of said Shiloh Cemetery, 424 20 feet to a point found for the Southwest corner of said Shiloh Cemetery, said point also being on the North right-of-way line of Shady Shores Road (50'ROW), EXHIBIT A (PAGE 3 OF 3) THENCE N88'56 31"W along the North right-of-way line of said Shady Shores Road 586 31 feet to a point found for the intersection of the North right-of-way line of said Shady Snores Road and the North right-of-way line of MK&T Railroad (100 ROW), said point also Pain gg the Point of Curvature for a non -tangent circular curve to the left having a radius of 2387 22 feet a central angle of 14.47 55", a chord bearing of N39'39 26'W and a chord length of 614 87feet THENCE along said curve to the left and the North right-of-way line of said Railroad 616 58 feet to a point THENCE N48'19 16'W along the North right-of-way line of said Railroad right-of-way 277 07 feet t0 a point found for the Point of Curvature Of a circular curve to the left having a radius of 1542 71 feet, a central angle of 28029 14", a chord bearing of N62'33 45"W and a chord length of 759 15 feet THENCE along said Curve to the left and the North right-of-way line of said Railroad right-Of-wal 767 03 feet to a point THENCE N76'48 29'W along the North right-of-way line of said Railroad right-of-way, 213 89 feet to the POINT OF BEGINNING and containing 16 626 936 square feet or 427 616 acres of land ORDINANCE NO ,Qzicn-d I G AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 98- 394, TO PROVIDE FOR A DETAILED PLAN FOR 8 29 ACRES LOCATED WITHIN THE PLANNED DEVELOPMENT 132 (PD-132) ZONING DISTRICT AND LAND USE CLASSIFICATION, THE SUBJECT PROPERTY BEING GENERALLY LOCATED ON THE EAST SIDE OF LAKEVIEW BOULEVARD APPROXIMATELY 2500 FEET NORTHEAST OF THE INTERSECTION OF LAKEWOOD BOULEVARD AND SWISHER ROAD IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, 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-00-017) WHEREAS, on November 17, 1998, by Ordinance 98-394, the City Council approved an amended Concept Plan for 427 616 acres located in the Planned Development (PD-132) Zoning Distnct, as more particularly described therein, and WHEREAS, on July 26, 2000, The Preserve at Pecan Creek Partners, Ltd submitted a Detailed Plan for 8 29 acres located within the Planned Development 132 (PD-132) Zoning District with the intent to develop a community amenities center, and WHEREAS, on September 27, 2000, the Planning and Zoning Commission recommended approval of a Detailed Plan for such 8 29 acres, and WHEREAS, the City Council finds that the Detailed Plan is consistent with the approved amended Concept Plan for PD-132 and is in compliance with the 1999-2020 Denton Comprehensive Plan ("The Denton Plan"), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That Ordinance 98-394 providing for the approval of an amendment to the Planned Development-132 (PD-132) Zoning Distnct Classification and Use Designation is hereby amended by approving the Detailed Plan attached hereto and incorporated herein by reference as Exhibit B for 8 29 acres located within PD-132, more particularly described by the legal descnption attached hereto and incorporated herein by reference as Exhibit A, subject to the following condition 1 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 SECTION 2 That the provisions of this ordinance as they apply to the 8 29 acres shown in the detailed plan herein approved, shall govern and control over any conflicting provisions of Ordinance No 98-394, but all the provisions of Ordinance No 98-394 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 That a copy of this ordinance shall be attached to Ordinance No 98-394 showing the amendment herein approved SECTION 4 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 S CTION 5 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 Chronicle, official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the '14�\ day of (Vo VernbQ r- 2000 ATTEST JENNIFER WALTERS, CITY SECRETARY BY i)wtL, APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTI BY ;z-' EULINE BROCK, MAYOR PAGE 2 EXHIBIT A PROPERTYDESCRIPTION STATE OF TEXAS: COUNTY OF DENTON, BEING a 6 499 acre tract of land situated in the Gideon Walker Survey Abstract No 1330, City of Denton, Denton County, Texas, being a portion of The Preserve of Pecan Creek, Ltd 413 512 acre tract of land as described in Deed of Trust and Security Agreement recorded in Denton County Clerk's document number 99-R0060706 of the Real Properly Records of Denton County Texas and being more particularly described as follows, COMMENCING al a 1/2' iron rod found in the west line of a tract of land !Tract I I as described in deed to Hidden Valley Airpark Association Inc recorded in Volume 551 Page 415 of the Deed Records of Denton County Texas, at the northwest corner o1 Hidden Valley Estates, Phase It an addition to The Town or Shady Shores Denton County Texas as recorded in Cabinet D Slide 377 of the Plat Records of Denton County Texas, being on angle point In the east line of said The Preserve at Pecan Creek Ltd 413 51P acre tract, THENCE N 02 46'I2' E departing the northwest corner of Hidden Valley Estates Phase ll along the west line of said Hidden Valley Airpork Association Inc Tract I and an east line of sold 413 512 acre tract, a distance of 711 65 feet to a I/2' iron rod found, THENCE N 02 23'40' E along the west line of said Hidden Valley Airpork Association Irc Tract I and an east line of said 413 512 acre tract o distance of 185 20 feet to a 1/2' iron rod with a plastic cop sel, THENCE departing the west line of said Hidden Volley Airpork Association Inc Tract I and the east line of said 413 512 acre tract traversing said 413 512 acre tract the following, S 72 12142' W a distance of 527 79 feet to a 1/2' iron rod with a plastic cop set, S 59 26 16' W a distance of 344 19 feet to a 1/2' iron rod with a plastic cap set, N 08 16'36' E a distance of 179 41 !eel to a 1/2' iron rod with a plastic cap set of the point of curvature of a non-langent circular curve the right having a radius that bears N 08 16'36' E 225 00 feel, Northwesterly, along said circular curve to the right through a central angle of 23 14'49' an arc distance of 91 29 feel and having a chord that bears N 70 06'00' W 90 67 feel to a 1/2' iron rod with a plastic cap set in the southeasterly line of Lot 2 Block 22 of Lakeview Boulevard Right -Of -Way and Lot 10, Block 5 Lot 2 Block 15, Lot I, Block 22 8 Lot 2 Block 22 The Preserve cl Pecan Creek an addition to the City of Denton Denton County Texas as recorded in Cabinet R Slide 366 PRDCT said point also lying in a circular curve to the left having a radius that bears N 56 48'00' W 1400 00 feel, THENCE Northeasterly, along the southeasterly line of said Lot 2 Block 22 and along said circular curve to the left through a central angle or 02 02148' an arc distance of 50 01 feet and having a chord that bears N 32 10'37' E a distance of 50 00 feet to a 112' Iron rod with a plastic cop set at the POINT OF BEGINNING of the herein described tract of land, THENCE Northeasterly continuing along the southeasterly line of said Lot 2 Block 22 and along said circular curve to the left through a central angle of 03 24'41' on arc distance of 83 35 feet and having a chord that bears N 29 26'52' E a distance of 83 34 feel to a 1/2' iron rod with a plastic cop set at the northeast corner of said Lot 2 Block 22, THENCE N 62 15'28' W departing radial to the preceding curve along the norrherfymosl line of said Lot 2 Block 22 a distance of 10 00 feel to a I/2' von rod with a plastic cap set at the northwest corner of said Lot 2 Block 22 and the northeast corner of the existing platted terminus of Lakeview Boulevard f80' R 0 W at this point per Cabinet R Slide 366 PRDCT I some being the point of curvature of a non -tangent circular curve to the leff having a radius that bears N 62 15'26' W a distance of 1390 00 feet, THENCE departing the northwest corner of said Lot 2 Block 22 and the northeast corner of the existing plotted terminus of said Lakeview Boulevard traversing said 413 512 acre tract the following PROPERTYDESCRIPTION (CONTINUED) Northeasterly, along sold circular curve to the left, through a central angle of 14 35'01', an arc distance of 353 60 feel and having a chord that bears N 20 27'01' E, a distance of 352 65 feet to a 112' iron rod with a plastic cap set of the point o1 tangency, N 13 09'31' E a distance of 300 70 feet to a 112' von rod with a plastic cap set of the point of curvature of a circular curve to the right having a radius of 1460 00 feet, Northeasterly, along said circular curve to the right through a central angle of 22 1233', an arc distance of 565 93 feel and having a chord Ihcf bears N 24 15'47' E. o distance of 562 39 feel to a 112' von rod with a plastic cap set, S 53 39'04' E departing non —tangent to the preceding curve a distance of 85 Ol feet to a 112' von rod with a plastic cap set of the point of curvature of a non — tangent circular curve to the left, having o radius that bears 5 54 41'35' E 1375 00 feet, Southwesterly along said circular curve to the left through a central angle of 00 58'55', an arc distance of 23 57 feet and having a chord that bears S 34 48'58' W a distance of 23 57 feet to a 112' iron rod with a plastic cap set of the point of langency, S 34 19'30' W a distance of 30 45 feet to a 112' von rod with a plastic cap set of the point of curvature of a circular curve to the left having a radius of 325 00 feet, Southwesterly along said circular curve to the left through a central angle of 47 20'28' , an arc distance of 268 53 feet and having a chord ihof bears S 10 39'16' W, a distance of 260 96 feet to a 112' von rod with a plastic cap set al the point of langency, S 13 00'58' E, a distance of 52 65 feel to a 112' von rod with a plastic cap set of the point o1 curvature of a circular curve to right having a radius of 425 00 feel, Southeasterly, along said circular curve to the right through a central angle of 15 24'38', an arc distance of 114 31 feet and having a chord that bears S 05 18'39' E a distance of 113 97 feel to a 112' von rod with a plastic cap set of the point o1 langency, S 02 23140' W a distance of 26/ 15 feel to a 112' von rod w,lh a plastic cop set at the point of curvature of a circular curve to the right, having a rcdius of 325 00 feet, Southwesterly, along sold circular curve to the right through a central angle of 15 36'90' an arc distance of 88 52 feet and having a chord that bears S /0 I1'50' W, a distance of 88 25 feel to a 112' von rod with a plastic cap set of the point of langency, S 18 00'00' W, a distance of 6 29 feet to a 112' iron rod with a plastic cap set al the point of curvature of a circular curve to the left having a radius of 275 00 feet, Southwesterly, along sold circular curve to the left through a central angle of 35 47'16' , an arc distance of 171 77 reef and having a chord that bears S 00 0621' W a distance of 168 99 feel to a 112' von rod with a plastic cap set al the point of langency, S 17 47'I6' E a distance of 46 17 feet to a 112' von rod with a plastic cap set, S 72 12'42' W, a distance of 130 23 feel to a 112' von rod wi,h a plastic cap set al the point of curvature of a circular curve to the left having a radius of 525 00 feet, Southwesterly along said circular curve to the left through a central angle of 12 46'27' on arc distance of 171 05 feel and having a chord that bears S 65 49'29' W, a distance of 116 61 feet to a 112' von rod with a plastic cap set of the point of langency, S 59 26'16' W, a distance of 47 48 feel to a 112' von rod with a plastic cap set at the point of curvature of a circular curve to the right having a radius of 175 00 feet, Northwesterly along sold circular curve to the right through a central angle of 61 53 '57' an arc distance of 169 06 reef and having a chord that bears N 89 36'46' W a distance of /80 00 feel to the POINT OF BEGWNING and containing 283, 099 square reef or 6 499 acres of land PROPERTY DESCRIPTION STATE OF TEXAS, COUNTY OF DENTONi BEING a / 791 acre tract of land situated in the Gideon Walker Survey Abstract No 1330 City of Denton Denton County, Texas being a portion of The Preserve al Pecan Creek, Ltd 413 512 acre tract of land as described in Deed of Trust and Security Agreement, recorded in Denton County Clerk's document number 99-R0060706 of the Real Property Records of Denton County Texas and being more particularly described as fo/lows, COMMENCING al a I/2' iron rod found in the west line of a tract of land (Tract 11 as described In deed to Hidden Valley Airpark Association Inc recorded in Volume 551 Page 415 of the Deed Records of Denton County, Texas of the northwest corner of Hidden Valley Estates, Phase It an addition to the Town of Shady Shores Denton County Texas as recorded In Cabinet D Slide 377 of the Plot Records of Denton County Texas being on angle point In the east line of said The Preserve of Pecan Creek Ltd 413 512 acre tract, THENCE N 02 46'12' E, deporting the northwest corner of Hidden Volley Estates Phase II along the west line of sold Hidden Volley Alrpork Association Inc Tract I and on east line of sold 413 512 acre tract, a distance of 711 65 feet to a 112' iron rod found, THENCE N 02 23'40' E along the west line of said Hidc'en Volley Airpark Association Inc Tract I and on east line of sold 413 512 acre trod a distance of 185 20 feel to a 112' iron rod with a plastic cap set, THENCE departing the west line of sold Hidden Volley Airpark Association Inc Tract I and the east line of said 413 512 acre tract traversing said 413 512 acre tract the following i S 72 12'42' W. a distance of 527 79 feel to a 1/2' iron rod with a plastic cap set, S 59 26'16' W a distance of 344 19 feel to a 1/2' von rod with a plastic cap set of the POINT OF BEGINNING of the herein described Aracl of land, S 59 26'16' W a distance of 103 40 feet to a 1/2' iron rod with a plastic cap set, S 17 26'/0' W a distance of 140 98 feet to a 1/2' iron rod with a plastic cap set, S 85 24'42' W a distance of 330 8/ feet to a 1/2' iron rod with a plastic cop set In the southeasterly line of Lot 2 Block 22 of Lakeview Boulevard Right -Of -Way and Lot l0 Block 5 Lot 2 Block 15 Lot / Block 22 8 Lot 2 Block 22 The Preserve at Pecan Creek on addition to the City of Denton Denton County Texas as recorded in Cabinet R Slide 366 PROCT, THENCE N 48 25'16' E along the southeasterly line of said Lot 2 Block 22 a distance of 212 88 feet to a 1/2' iron rod with a plastic cop set at the point of curvature of a circular curve to the left having a radius of 1400 00 feet, THENCE Northeasterly along the southeasterly line of said Lot 2 Block 22 and along sold circular curve to the left through a central angle of 15 l3 15' an arc distance of 371 92 feel and having a chord that bears N 40 48 38' E a distance of 370 83 feel to a 112' Iron rod with a plastic cop set at the point of curvature of a non -compound circular curve to the left having a radius that bears N 3/ 3l'25' E 225 00 feel, THENCE deporting southeasterly line of sold Lot 2 Block 22 traversing said 413 512 acre tract, the following, Southeasterly along sold circular curve to the left through a central angle of 23 14'49', an arc distance of 91 29 feet and having a chord that bears S 70 06'00' E 90 67 feet to a 112' iron rod with a plastic cop set, S OB I6'36' W departing radial to the preceding curve a distance of 179 41 feel to the POINT OF BEGINNING and containing 78 023 square feel or 1791 acres of land EXHIBIT B ORDINANCE NO 0� Dl -10 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 98- 394 AND 98-395, TO PROVIDE A CHANGE IN THE REQUIRED TRANSPORTATION IMPROVEMENTS FOR THE PLANNED DEVELOPMENT 132 (PD-132) ZONING DISTRICT AND LAND USE CLASSIFICATION, 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-01-0003) WHEREAS, on November 17, 1998, by Ordinance 98-394, the City Council approved an amended Concept Plan for 427 616 acres located in the Planned Development (PD-132) Zoning District, as more particularly described therein, and WHEREAS, on November 17, 1998, by Ordinance 98-395, City Council approved a Detailed Plan for 138 9 acres of the aforementioned Planned Development (PD-132) Zoning District, and WHEREAS, both Ordinance 98-394 and 98-395 contained a schedule of required transportation improvements to be executed as the development progressed, and WHEREAS, on March 27, 2001, The Preserve at Pecan Creek Partners, Ltd submitted a request to revise the scope and phasing of those required transportation improvements through an amendment to the Concept Plan and Detailed Plan, and WHEREAS, on April 11, 2001, the Planning and Zoning Commission recommended approval of the amendment, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Ordinance No 98-394, providing for the approval of an amended Concept Plan for the Planned Development 132 (PD-132) Zoning District Classification and Use Designation, and Ordinance No 98-395, providing for the approval of a Detailed Plan for a portion of the Planned Development 132 (PD-132) Zoning District Classification and Use Designation, are hereby amended by approving the list of required transportation amendments attached hereto and incorporated herein by reference as Exhibit A for the entire Planned Development 132 (PD-132) Zoning District Classification and Use Designation, subject to the following condition The temporary road connection between Pockrus Page Road and Lakeview Boulevard will remain in place until such time that the proposed extension of Edwards Road to Lakeview Boulevard is completed SECTION 2 The provisions of this ordinance as they apply to the transportation requirements herein approved, shall govern and control over any conflicting provisions of Ordinances Nos 98-394 and 98-395, but all the provisions of Ordinance Nos 98-394 and 98-395 as they apply to the regulations 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 Nos 98-394 and 98-395 showing the amendment herein approved SECTION 4 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 5 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 PASSED AND APPROVED this the i` day of —' 2001 ATTEST JENNIFER WALTERS, CITY SECRETARY BY AP OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY I Z / � EULINE BROCK, MAYOR PAGE 2 EXHIBIT A The Preserve Required Transportation Improvements Revised 3/22/01 Transportation Im rovement Triggered B I $ignalization of Lakeview Blvd at IH 35E Frontage Road based upon Warrant Study Warrant Study Approved by TxDOT shall begin with the Development of Tracts A, B, and G 2 Interim right turn lanes at Lakeview Blvd and IH 35E Frontage Road Development of (northbound and westbound Tract A B C or G 3 tonstructLakeview Blvd from Shady Shores Road (Old US 77) to northern Development of boundary of Tract A as a two-lane 26- foot back-to-back street section, 8- Tract A or G inch thick concrete or 10-mch thick asphalt 4 Reconstruct Lakeview Blvd from IH 35E Frontage Road to Shady Shores Development of Road as a 4-lane divided street, 8-mch thick concrete or 10-mch thick Tract C, or asphalt Development of Tracts A B and G 5 Construct Lakeview Blvd from the northern boundary of Tract A to the Development of creek bisecting Tract G as a two-lane 26-foot back-to-back street, 8-mch Tract G thick concrete or 10-inch thick asphalt 6 Construct Lakeview Blvd from the creek bisecting Tract G to Edwards Development of Road as a two-lane 26 foot back-to-back street, 8-inch thick concrete or 10- Tract J, L, N, O, or inch thick as halt P 7 Construct Lakeview Blvd from Edwards Road to the northern boundary of Development of The Preserve as a two-lane 26 foot back-to-back street, 8-mch thick concrete Tract O or P or 10-mch thick asphalt 7A Construct Lakeview Blvd to northern most entry to Tract N as a two-lane 26 Development of foot back-to-back street 8-mch thick concrete or 10-mch thick asphalt Tract N 8 Complete Lakeview Blvd as a 4-lane divided road (two 26-foot back -to- Completion of back sections with a mmtmum 14 foot wide median) from Shady Shores Edwards Road and Road to Edwards Road, 8-mch concrete or 10-inch asphalt Development of Tracts H I and J 9Disconnect Swisher Road north of Tract B Development of Tract A B or G 10 Reconstruct Swisher Road from Shady Shores Road to the northern Development of boundary of Tract B as a two-lane rural road section, 6" thick Road width Tract B shall be 24' unless documentation shows substantial disruption or potential destruction of existing tree cover is likely to occur In this instance, an alternate road section to be no less than 20' wide shall be employed 11 Widen and improve Shady Shores Road to provide separate left -turn lane at Development of main entrance to Tract C and Old US 77 providing a 36 foot wide, 6-mch Tract C thick rural section road with transitions 12 Widen and improve Old US 77 for approximately 500 feet in each direction Development of from Lakeview Blvd 36 feet wide, 6-mch asphalt or concrete to provide left- Tract C turn lanes with transitions 13 Right turn lane (eastbound) on Lakeview Blvd at Old US 77 Development of Tract C 14 Construct Edwards Road between Swisher Road and Lakeview Blvd as a Development of 36-foot back-to-back street, 6-mch thick asphalt or concrete, with no parking Tract L, N, or O or direct driveway access c� 15 Remove Pockus Page Road between Swisher Road and Lakeview Blvd and Development of provide interim access by connecting Indian Paint Way to Pockrus Page with Tract D a 24 foot B-B 2 inch asphalt with 6 inch stabilized subgrade 15A Remove 2 inch asphalt connection between Indian Paint Way and Pockrus Construction of Page Road Edwards Road 16 Construct access to Tracts H and I from Lakeview Blvd as a 26-foot back- Development of to -back, 6-mch thick street, with no on -street parking or direct access Tract H or I concrete or asphalt) 17 iSignalize the intersection of Lakeview Blvd and Shady Shores Road (Old Warrant Study US 77) when warrants are met shall begin with the Development of Tract C 18 Construct remaining two-lane, 26 foot back-to-back street, 8 inch thick Development of concrete or 10 inch thick asphalt from Edwards Road to northern property last Tract among line boundary N O or P Notes A mmnnum of 80 feet of right-of-way will be dedicated for Lakeview Blvd with an additional 10-foot right-of-way reserved on each side for future acquisition and widening An additional 10 foot right-of-way (120 feet ultimately) will be reserved for a distance of 250 feet each side of the following three (3) intersections to accommodate future turn lanes Lakeview Blvd and Shady Shores Road Lakeview Blvd and the road to Tracts H and I Lakeview Blvd and Edwards Road These Transportation Improvements are based upon development of The Preserve which assumes a general south -to - north phasing pattern Should the development pattern shift due to external influences, the list of required Transportation Improvements shall be revised accordingly Definition of Tract Development — Platting of any portion of the specified tract O \9652\CORRWew Traffic Chart 3.22 01 wpd A s milli m ObOHH3HSIMS LW �, ORDINANCE NO OOP- �0 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 98- 394, TO PROVIDE FOR A DETAILED PLAN FOR 25 9 ACRES LOCATED WITHIN THE PLANNED DEVELOPMENT 132 (PD-132) ZONING DISTRICT AND LAND USE CLASSIFICATION, THE SUBJECT PROPERTY BEING GENERALLY LOCATED ON THE NORTH SIDE OF SHADY SHORES ROAD, WEST OF SWISHER ROAD AND EAST OF LAKEVIEW BOULEVARD IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, 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-01-0006) WHEREAS, on November 17, 1998, by Ordinance 98-394, the City Council approved an amended Concept Plan for 427 616 acres located in the Planned Development (PD-132) Zoning District, as more particularly described therein, and WHEREAS, on April 23, 2001, Goodwin and Marshall Inc submitted a Detailed Plan for 25 9 acres located within the Planned Development 132 (PD-132) Zoning District with the intent to develop 400 apartment units, and WHEREAS, on June 27, 2001, the Planning and Zoning Commission recommended approval of a Detailed Plan for such 25 9 acres, and WHEREAS, the City Council finds that the Detailed Plan is consistent with the approved amended Concept Plan for PD-132 and is in compliance with the 1999-2020 Denton Comprehensive Plan ("The Denton Plan"), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That Ordinance 98-394 providing for the approval of an amendment to the Planned Development-132 (PD-132) Zoning District Classification and Use Designation is hereby amended by approving the Detailed Plan attached hereto and incorporated herein by reference as Exhibit B for 25 9 acres located within PD-132, more particularly described by the legal description attached hereto and incorporated herein by reference as Exhibit A SECTION 2 That the provisions of this ordinance as they apply to the 25 9 acres shown in the detailed plan herein approved, shall govern and control over any conflicting provisions of Ordinance No 98-394, but all the provisions of Ordinance No 98-394 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 That a copy of this ordinance shall be attached to Ordinance No 98-394 showing the amendment herein approved SECTION 4 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 5 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 Chronicle, official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the 3/1� day of 2001 ATTEST JENNIFER WALTERS, CITY SECRETARY BYdA4V?llj, //, ) 0 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY C:: � Ae4— EULINE BROCK, MAYOR PAGE 2 od o1 a EXHIBIT A a c a t 1 '• t ! is (p 5 p 8F 3aS [tj((Y B• •• RI i r EXHIBIT B 5 N 9 W E t E 11' s }, Or N W+E i t s 1 O O N e0 O Z 7 _.Z_ qq am codas. r t,3 O ZI 20 D Ilk THE PRESERVE 6;= MULTIFAMILY pis DENTOR TEXAS r ! THE PRESERVE . i ' MULTIFAMILY DENTON. TEXAS 0 THE PRESERVE MULTIFAMILY DENTON, TEXAS •� t �t0TR4 LS TOCONRTRAION ILS ' 41 / rt ! J < . >! >i � T' ✓ i c f�l THE PRESERVE MULTIFAMILY DENT^" — %8 =ti i►v, .1 p. � Ilil ~ils� I a THE PRESERVE II' i- iH•f i .- +�:. Ie MULTIFAMILY DENTON, TEXAS to ! +In e R R t! G R Y Y ►����I�Iliitt fF�f�e}�e �ff i * $y Y ' < I yY( ♦Y\ 6 R RJR e� ¢ i iitlEl1i lipladi I't t� dt� i .+ 0 I'�t?il�li �• �deldf,Rf�ii THE PRESERVE 18,E MULTIFAMILY DENTON• TEXAS ? (� ;_