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Home My WebLink About2006-137S:\Our DmumenG \Ordinances\06\L04-0024-nunc pro lune.doe ORDINANCE NO. 2006 ` 1, 6 7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, NUNC PRO TUNC, CORRECTING AN INADVERTENT MISTAKE IN ORDINANCE NO.2005-024 PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR 24.8 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 132 (PD-132) ZONING DISTRICT; THE SUBJECT PROPERTY IS GENERALLY LOCATED ON THE SOUTH SIDE OF POCKRUS PAGE ROAD, ON THE EAST SIDE OF LAKEVIEW BOULEVARD IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0024) WHEREAS, on November 17, 1998, by Ordinance 98-394, the City Council approved a Concept Plan for 427.6 acres of land to Planned Development 132 (PD-132) zoning district; as more particularly described therein; and WHEREAS, pursuant to Ordinance No. 2005-024 the City Council approved a Detailed Plan for 24.81 acres of land located within PD-132 and more particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property"), said Detailed Plan being on file in the offices of the City's Planning Department, a copy of which is attached hereto and made a part hereof as Exhibit "B" (the "Detailed Plan"); and WHEREAS, there was an inadvertent mistake in the drafting of Ordinance No. 2005-024 as the ordinance failed to conform to the information provided to City Council at the meeting when the ordinance was approved as such information clearly provided that the Detailed Plan and the Property would be developed for single-family detached lots pursuant to the standards contained in the Neighborhood Residential 6 (NR-6) zoning classification, except as otherwise provided in the conditions contained in the ordinance; and WHEREAS, the City Council has the inherent power to retroactively correct such mistakes to reflect the truth of what was actually approved by the City Council when approving the ordinance; and WHEREAS, the City Council finds that the action taken herein is in the public interest; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. Ordinance No. 98-394 providing for the approval of an amended Concept Plan for the Planned Development Zoning District Classification and Use Designation for the property described as PD-132 is amended by approving the Detailed Plan for the Property to allow for the development of single-family detached lots under the standards set forth in the NR-6 zoning classification, with the following conditions: S\Our Documents\Ordinances\06\Z04-0024-nune pro tunc.doc 1. Perimeter walls will be constructed in accordance with the standards set forth in the Development Code. The developer will be responsible for construction and the Home Owner's Associate will be responsible for maintenance. The developer will also be required to obtain the necessary Right -of -Way Agreements prior to construction of walls located within right-of-way; 2. Landscaping, including street trees, will conform to the standards set forth in the Development Code; 3. Sidewalks will be provided along all public and residential streets. The sidewalks within this development shall conform to the standards set forth within the Development Code. Both four (4) and five (5) foot sidewalks will be provided and shall conform to the sidewalks on either side of the development. The change from four (4) foot sidewalks to five (5) foot sidewalks shall occur at intersections and/or driveways. 4. Signs will conform to the standards set forth within the Development Code. The developer will also be required to obtain the necessary Right -of -Way Agreements prior to wall construction of signs located within right-of-way. 5. The developer shall permanently close the temporary access at Pockrus Page and Indian Paint Way with the first phase of development. SECTION 3. The provisions of this ordinance as they apply to the Property, 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 4. The City's official zoning map is amended to show the approval of the detailed plan. SECTION 5. 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 6. This ordinance is nunc pro tune to take effective retroactively to the effective date of Ordinance 2005-024. PASSED AND APPROVED this the /64 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: �\ Page 2 day of 2006. EULINE BROCK, MAYOR SAOur Dceuments\Ordinances\06\704-0024-nunc pro tune.dac APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY I� PAGE Exhibit A EXHIBIT "A" METES AND BOUNDS DESCRIPTION BEGINNING at a roQroad apAcs set In asphalt vsment in Poclau�s�.Poga Road at the northwest oomar of the Mal plot of THE,PE�VE AT PECAN tDtEot, SEC110N A. PHASE 1, an addition to the City of Dontan,.Denton County, Tom on recorded in Cabinet R, Side 279 of the plat Rocardr,of Denton County. TOM (P.R.MMT.) THENCE alotng the westerly iknea of acid THE PRESERVE AT PECAN.CRMC. SWn0N A, .PHASE 1, the following: S02!&SrW, a distance of $WAO fait to a 1/2' ion rod with o plastic cwsot; N8737'0'rK a distance. of 270.00 feet to a 1/2' iroa rod ;with a plastic ,cap. got at the existing platted tormMae of add Begonlo Drive; S02'22'57'w, dying •the existing' plotted tem1hur of said Begonia Dtttirt, at a .distance of 50.00 feet passing a I/2' kan rod with a plastic avp sat It the south line of said 8e9cNa Drive,. continuing a total dMoce. ofi Q4&" feet to a t/2' lron rod with a plostle tip act; S01 31'2LM a distance of M62 feat to a 1/r'lron rod With a plastic cop sett SID'B3'IM a distance of Ba4e feet to a 1/2" iron rod with :a ploetk, ocp, set; S20627'34'E, a distance of M33 foot to a 1/2' tmn rod idth a plastic cap get; S2I 1 47" E, n distance of /07.74 fact to 4.1/2' ira6 .rod with a plastic ado set in the northwesterly right—bf-way line of t.akavibw'8oWweffd (80' R.MW.j, sold point being the point of curvature of a non —tangent nt circular curve. to itie Igft, ha g a radius that bears S48'OD" 147,, 1050.00 feet: THENCE- Southwesterly. 440aftO the west' I1Ite of sold THE PRESERVE AT PECAN CRMr SECTION A. PHASE 1; and along the northwesterly, right—of—woy tiro of said Lakeview Boulevard and sold circular curve to the left,, thrwgh a central angle of 094742% on era distance of 179.50 feat and having a chant that boars S37115055`W, a distance of 179:28 feet to.. a 1/Z' Iran Trod with a plastia sap sot: THENCE N87'3rO W,. departing the nerthwestody dght-af—way line of sold Lakeview Boulevard, and departing tha,prevloua nen�tangent._aurve, a distance of 835.70 foot to a i/20 Iron rod with o plastla cap ss{ to the: cues! Ilns 0i said 41&512 bare tract and the east Me of a ,sued 15OD core Croat Of land as dencr�ed to nUrnh4w: 20OD—RDID7304; P.R.D.C.T4 THENCE N0222%rE~ along tho.wast line of Said 413.512;acre-tract and the east..Ilns of said cdied t9 DD. sae tract; of a dlabmwe of 13fl8.72 foot to a ralmad spare in asphalt pavement act in ot'orementioned Podaus Page Road, at the most westerly northwest comer of add 411512 cars tract; THENCE S97WIM within Said Padays :Page Road and long a north ling of oatd 413.5t2 sere tract, a distance of 91IM03 fast to. the'MNT OF BEGINNING and containing 1,082,942 -square fast or 24MI acme of, land. 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