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HomeMy WebLinkAbout1996-155Z-96-017 NO ` 6 ASS AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION BY APPROVING A DETAIL PLAN FOR THAT PLANNED DEVELOPMENT FOR 4 104 ACRES OF LAND LOCATED ON THE WEST SIDE OF HIGHLAND PARK ROAD, JUST NORTH OF WESTRIDGE STREET, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIO- LATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Tremont-Kelsoe/Pitner Joint Venture initiated a change in zoning by applying for approval of a detail plan for 4 104 acres of land from the Single Family 7 (SF-7) zoning district classification and use designation to a Planned Development (PD) zoning district classification and use designation, and WHEREAS, on June 26, 1996, the Planning and Zoning Commission recommended approval of the requested change in zoning and approval of the detail plan, and WHEREAS, the City Council finds that these changes in zoning will be in compliance with the Denton Development Plan, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the zoning district classification and use designation of the 4 104 acres of land described in Exhibit 1, attached hereto and incorporated herein by reference, is changed from the Single Family 7 (SF-7) zoning district classification and use designation to a Planned Development (PD) zoning district classification and use designation by adopting the detail plan, attached hereto and incorporated herein as Exhibit 2 for all purposes, in accordance with Division 2 of Article IV of Chapter 35 of the Code of Ordinances SECTION II That the provisions of this ordinance as they apply to the 4 104 acres described by Exhibit 1 govern and control over any conflicting provision of Ordinance No 69-01 or its amendments, and the City's official zoning map is hereby amended to show the change in zoning district classification SECTION III That the City Attorney and City Manager, or their designates, are hereby authorized to review and approve as to form and compliance restrictive covenants and indemnification language contained within deeds and property association bylaws }SECTION IV 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 V That this ordinance shall become effective four- teen (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, 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 1&20'� day of 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY REM 3 PVED ASITO LEGAL FORM ERT L PROUTY, CITY ATTORNEY JAW MILLER, MAYOR PAGE 2 4 104 ACRES FIELD NOTES for all that certain tract of land situated in the A N B Tompkins Survey Abstract Number 1246, City and County of Denton, Texas and being all of the called Four acre tract described in the deed from Lula G Johnson to I R Williams recorded in Volume 273, Page 555 of the Deed Records of Denton County, Texas, also being all of the 0 057 of an acre tract described in the deed form Robert N Laremore et ux to Eugene P Wright et ux recorded in Volume 1989, Page 988 of the Real Property Records of Denton County, Texas and all of the 0 061 of an acre tract described in the deed from Max F Oelschlaeger, II et ux to Eugene P Wright at ux recorded in Volume 1989, Page 992, the sub3ect tract being more particularly described as follows BEGINNING for the Northeast corner of the tract being described herein at the Northeast corner of the said Four acre tract at a fence corner post on the West line of Highland Park Road, THENCE South 00 Degrees 27 Minutes 00 Seconds West with the West line of Highland Park Road a distance of 261 99 feet to a boas d'arc fence corner post at the Southeast corner of the Four acre tract and the Northeast corner of a called 0 283 acre tract described in the deed to Max F Oelschlaeger II et ux recorded in Volume 772, Page 11 of the said Deed Records, THENCE North 89 Degrees 55 Minutes 42 Seconds West along a fence with the South line of the Four acre tract a distance of 246 14 feet to an iron stake found at the Northeast corner of the Oelschlaeger to Wright tract, THENCE South 00 Degrees 30 Minutes 19 Seconds East with the East line of the said Oelschlaeger to Wright tract a distance of 100 02 feet to a 1/2 inch iron rod found at the Southeast corner thereof in the North line of Wisteria Street as shown on the plat of Willowwood Addition recorded in Volume 8, Page 18 of the Plat Records of Denton County, Texas, THENCE South 89 Degrees 55 Minutes 24 Seconds West with the North line of the said Wisteria Street and the South line of the said Oelschlaeger to Wright tract passing at 26 35 feet a 1/2 inch iron rod at the Southwest corner thereof and the Southeast corner of the Laremore to Wright tract and continuing, in all, a total distance of 52 33 feet to a 1/2 inch iron rod found at the Northeast corner of Lot 1, Block A of Willowwood Addition and the Southeast corner of the tract described in the deed from Robert N Laremore at ux to Frank J Martin et ux recorded under Clerk's File Number 93-R0059720 of the said Real Property Records, THENCE North 00 Degrees 46 Minutes 05 Seconds East with the East line of the said Martin tract a distance of 100 06 feet to a 1/2 inch iron rod set at the Northeast corner thereof in the South line of the 2 500 acre tract described in the deed from I R Williams to Eugene P Wright et ux recorded in Volume 1990, Page 1, PAGE 2 TOMPKINS SY STRANGE THENCE South 89 Degrees 57 Minutes 18 Seconds West with the South line of the 2 500 acre tract a distance of 365 51 feet to a 5/8 inch iron rod found 0 4 feet East of a fence corner post at the Southwest corner of the 2 500 acre tract and the Four acre tract, THENCE North 00 Degrees 31 Minutes 29 Seconds East with the West line of the 2 500 acre tract and the Four acre tract a distance of 263 36 feet to a steel fence corner post at the Northwest corner thereof, THENCE South 89 Degrees 52 Minutes 32 Seconds East with the North line of the 2 500 acre tract a distance of 413 37 feet to a 1/2 inch iron rod found at the Northeast corner thereof, THENCE South 89 Degrees 53 Minutes 48 Seconds East with the North line of the Four acre tract a distance of 248 03 feet to the PLACE OF BEGINNING and enclosing 4 104 acres of land slh 7d58/96046 i/I�NIN�" L llwwwl��TIAI%l