The URL can be used to link to this page

Home My WebLink About2006-179S:\Our Documents\Ordinances\06\7.06-0005 B.dx ORDINANCE NO. 2006 - 1 T9 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 2000-008 TO PROVIDE FOR THE APPROVAL OF A NEW DETAILED PLAN FOR PLANNED DEVELOPMENT 115 (PD-115) ZONING DISTRICT AND LAND USE CLASSIFICATION AND USE DESIGNATION, FOR APPROXIMATELY 194 ACRES OF LAND GENERALLY LOCATED NORTH OF WINDSOR ROAD BETWEEN BONNIE BRAE AND WESTGATE; PROVIDING FOR A SAVING CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (Z06-0005) WHEREAS, on May 20, 1986, by Ordinance 86-101, the City Council approved a change in zoning for 239.17 acres of land to Planned Development 115 (PD-115) zoning district classification and use designation, as more particularly described therein; and WHEREAS, on January 4, 2000, by Ordinance 2000-007, the City Council approved an amendment to the Concept Plan for Planned Development 115 (PD-115) zoning district classification and use designation for 230.11 acres, as more particularly described therein, and WHEREAS, on January 4, 2000, by Ordinance 2000-008, the City Council approved a Detailed Plan for Planned Development 115 (PD-115) zoning district classification and use designation for 193.88 acres, as more particularly described therein, and WHEREAS, pursuant to the terms of the zoning ordinance governing planned developments, the detailed plan incorporated and approved by Ordinance 2000-008 expired twenty-four months from the date of its approval, and WHEREAS, on May 24, 2006, the Planning and Zoning Commission concluded a public hearing as required by law, without reaching a consensus on a recommendation for a newly proposed detailed plan; and WHEREAS, the City Council finds that the attached detailed plan is consistent with the Concept Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Ordinance 2000-008, providing approval of a detailed plan containing 193.88 acres within the Concept Plan for Planned development 115 (PD-115) zoning district classification and use designation, is amended by the approval of the detailed plan for approximately 193.88 acres, attached hereto as Exhibit `B", and incorporated herein by reference, and more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference. SECTION 2. The provisions of this ordinance as they apply to the new detailed plan herein approved, shall govern and control over any conflicting provisions of Ordinance 2000-008, but all Page 1 of 2 SAOur Documents\Ordinances\06\ZO6-0005 Balm conditions, provisions and requirements of Ordinances 2000-007 and 2000-008 not otherwise amended by this ordinance shall continue in force and effect, and shall apply throughout that portion of the district described in Exhibit A. SECTION 3. A copy of this ordinance shall be attached to Ordinance 2000-008, showing the new detailed plan herein approved. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. 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. 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, 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 2D{ day of J L F— 2006. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 4 )0&-k APPROVED AS TO LEGAL FORM: Page 2 of 2 EXHIBIT A FIELD NOTES 193.888 ACRES BEING all that certain lot, tract or parcel of land situated in the F Batson Survey Abstract Number 43 and the N Wade Survey Abstract Number 1407, in the City of Denton, Denton County, Texas, being a portion of that certain tract of land conveyed by deed from Henry W Beckman and Gerald J Lafountain to John Linn Smith and wife, Dorothy Smith and Dillon Francis Smith and wife Earla Joyce Smith recorded in Volume 3071, Page 88, Real Property Records Denton County, Texas and being more particularly described as follows: BEGINNING at an iron rod found for corner in the west line of the R Beaumont Survey Abstract Number 31 and in Bonnie Brae, a public roadway, said point being the northeast corner of that certain tract of land conveyed by deed from Life Tabernacle Church of Denton to City of Hope Church Ministries of Denton recorded under Clerk's File Number 97-R0014615, Real Property Records, Denton County. Texas, THENCE N 89' 51' 29" W. pass at 454.88 feet the northeast corner of that certain tract of land conveyed by deed from John Linn Smith and Dillon Francis Smith to Billy D Harvey recorded In Volume 593, Page 33, Deed Records, Denton County, Texas, pass at 906.88 feet the northeast corner of that certain tract of land conveyed by deed from Clinton W. Twaddell and wife, Elizabeth Twaddle to Joe G Wright and wife, Joy Wright recorded In Volume 614, Page 500, Deed Records, Denton County, Texas, pass at 1366.37 feet the northeast corner of Westgate Hills North Phase III, an additional to the City of Denton Denton county, Texas according to the plat thereof recorded in Cabinet P, Page 43, Plat Records, Denton County, Texas, a total distance of 2727.74 feet with the north line of said City of Hope Church Harvey and Wright tracts and with the north line of said Westgate Hills North Phase III to a nail found for corner in Westgate Drive, a public roadway, THENCE N 00° 07' 46" W, 2906.20 feet with said Westgate Drive to an iron rod found for corner THENCE N 000 30 11" W, pass at 474.43 feet the southeast corner of that certain tract of land conveyed by deed from J and L Partners to Rancho Vista Development Company recorded in Volume 2695, Page 465, Real Property Records, Denton County, Texas, a total distance of 1348.13 feet with said Westgate Drive and with the east line of said Rancho Vista Development Company tract to an iron rod found for corner at an Inner ell of said Rancho Vista Development Company tract, THENCE N 89° 45' 35" E, pass at 377.10 feet the southwest corner of that certain tract of land conveyed by deed from B F Johnson and Willie Mae Johnson to Debra Johnson Morgan recorded in Volume 3245, Page 809, Real Property Records, Denton County, Texas, pass at 645.1 feet the southwest corner of that certain tract of land conveyed by deed from H R Perot, Jr, to Hillwood Land/Denton, Ltd recorded in Volume 2470, Page 690, Real Property Records, Denton County, Texas a total distance of 1080.01 feet with the south line of said Rancho Vista Development Company and Hillwood Land/Denton tracts to a point for corner, THENCE S 000 30 11" E, departing the south line of said Hillwood Land/Denton Tract, 730.69 feet to a point for corner, THENCE N 78' 43' 27" E. 260.56 feet to the beginning of a curve to the left having a central angle of 240 05' 20", a radius of 700 feet and a tangent of 149.36 feet; THENCE along said curve to the left, an arc distance of 294.30 feet to a point of reverse curvature to the right having a central angle of 35° 21' 53", a radius of 530.00 feet and a tangent of 168.96 feet; THENCE along said curve to the right an arc distance of 327.13 feet to a point for corner THENCE East, 840.85 feet to a point In Bonnie Brae; THENCE S 00° 10' 35" W, along Bonnie Brae, 60 feet to a point for corner THENCE West, departing Bonnie Brae, 840.67 feet to the beginning of a curve to the left having a central angle of 03' 41' 12", a radius of 470.00 feet and a tangent of 15 13 feet; THENCE along said curve to the left an arc distance of 30.24 feet to a point for corner; THENCE South, 356.68 feet to the beginning of a curve to the left having a central angel of 03' 15' 12", a radius of 470.00 feet and a tangent of 13 35 feet; THENCE along said curve to the left an arc distance of 26.69 feet to a point for corner; THENCE East, 843.11 feet to a point in Bonnie Brae; THENCE S 00' 10' 35" W, along Bonnie Brae, 60.00 feet to a point for corner; THENCE West, departing Bonnie Brae, 842.92 feet to the beginning of a curve to the right having a central angle of 02° 53' 05" of a radius of 530.00 feet and a tangent of 13.35 feet; THENCE along said curve to the right and arc distance of 26.68 feet to a point for corner; THENCE South, 53.32 feet to the beginning of a curve to the right having a central angle of 13° 53' 23", a radius of 1500.00 feet and a tangent of 182.71 feet; THENCE along said curve to the right an arc distance of 363 63 feet to a point for corner; THENCE N 89° 56' 37" E, 912.19 feet to a point in Bonnie Brae; THENCE S 00' 10' 35" W, 540.01 feet along Bonnie Brae to an iron rod found for corner, said point being the northeast corner of the remnant of that certain tract of land conveyed by deed from Dillon F Smith and wife, Erla Joyce Smith to John Linn Smith and wife, Dorothy Elaine Smith recorded in Volume 1487, Page 74, Real Property Records, Denton County Texas; THENCE S 89' 56' 37" W, 988.35 feet with the north line of said remnant Smith tract to an iron rod found for corner, said point being the northwest corner of said remnant Smith tract; THENCE S 00' 13' 25" W, 1448.49 feet with the west line of said remnant Smith tract to an iron rod found for corner, said point being the southwest corner of said remnant Smith tract; THENCE S 890 30' 41" E, 61.16 feet with the south line of said remnant Smith tract to an iron rod found for corner, said point being the northwest corner of that certain tract of land conveyed by deed from Lyndal Carey to Eric Fullerton and spouse, Maria R Fullerton recorded under Clerk's File Number 95- R0008696, Real Property Records Denton County; Texas, THENCE S 00° 48' 12" W, 237.62 feet with the west line of said Fullerton tract to an iron rod found for corner, said point being the southwest corner of said Fullerton tract; THENCE S 89' 11' 59" E, 931.03 feet with the south line of said Fullerton tract to a point for corner in said Bonnie Brae, said point being in the west line of said R Beaumont Survey; THENCE S 00' 10' 35" W, 669.48 feet with said west line of said R Beaumont Survey and with said Bonnie Brae to the PLACE OF BEGINNING and containing 193.888 acres of land. Exhibit B 1 i . i,'� WESTGA f EU1! i ( i, {a( I I 't 1 BAUER j x Lai CI W h C 9j jw_ 01rn w 5 1,9 A s, TifUNDERSIRD m ONM OVERALL SITE "MR"""°"° KING'S RIDGE ESTATES 1401 BURNHA" DRIK PLiiN C3B KETiE• DAM •[XIAKE, sic, Pu"D, n 75 3 0o.�«,w •mom.... PH 974-%4-90M PD-115 ZO6-0005 ... �, �.. `A"" AmCITY OF DENTON, TEXAS 5 .: [ART COBB P p�t WESTGA E PARK g SUBDI t610N S i a— I I= s i 7 L°.ST' - -- G IF .� I 12 L—" _"— --- -- -'"ram g L —_ _ __ J I O Irp ��I •I � wo.:� _� I J 3 8i @@@4 �. �+ � e" 16 a� r i 4.� � A � � 1 ��..' MIME z III IIIIIIIII d sgl >mo ` /rl lip i� I '"w Op R 61 I m J OWNEYMlOECO 1401 BURNNPL DRW PLANNED DEVELOPMENT DETAILED PLAN a E .oar,s. KING'S RIDGE ESTATES PLANO. TR 75093 PD-11S Z06—ODDS E,. _ PH WP-964-9050 ,..�..,. ��...,. — fA%92-96°"'ATT a FAX 9 29Y -096 ~' CITY OF DENTON, TEXAS o . WESTG SUBD TE PARK VISION a ' O wo m N SF 16 Lx3 •q k k m a� -_ YH o'1 L�i3 F_16 " iu s s,£ a u �YI I �AE 9 a •I I T � �L3�$ \\a�� go � £ I � � J i t� �. i 1 s yy I R W. m Id dl •, I 6 As 1 LY � I �0 ♦ I tl I I R _ f _ na �' > ; r A S I 9s�3 •3 € p � .YJ 1 9 y sma D�EA: OMER: ANDE00 I401 BURNHM DRIK PLANNED DEVELOPMENT DETAILED PLAN E3aHocce..e. onvls•ow,Ne. 1 RIDGE ESTATES P NQ a 76 3 Ph 922-964-90`A FAX 12-961- s PD-115 706-0005 we. ....• y,.. m.. _ "' CITY OF DENTON, TEXAS s{ [(=B 4 > z C { 2 m 8 d a F <y > i 6 &,11 oil. PA: PP 2 110 :i W r3,C 75 �0] K CFS � � I�I q� m F O PH 4� plp� d a d b b G A R$xa 1`41,+ ygxs p N I!45 j,!G!i q �� 01--2 R �� b s. $ 8888R. g ei . a .. .....+ . . . fir I€i @s : g a a x° a s 9 a x a ¢ �.ij; 3i@�q o 9 A R R A g R R R A g R R;ppR�a. 7 AoEM �q T CENTERLINE N e# e= e a i a k: a€Z�4r'p$ x .z�R 55 p €� NA R gA _ U P� 9' g�g � � � B8 •C !j � g� §'p§ agRCY. �px�. 11 6 . % .I ``j @Jill 3R` g p OMER PLANNED DEVELOPMENT i w0°BURN"° KING'S RIDGE ESTATES PLAN fiURNHIL °Po�E DETAILED PLAN pardocaETre. owvd9•onace, avc. PH 97 rk 4-90 �Oc ry arnneer. _ PH 9)B-96d-9°60 PD-115 Z06-0005 "")'-96"°"' w CITY OF DENTON, TEXAS Fi1H.: CART °°BBB r a s B a a i l a as l It 2 d a d d dd s g 3 n 39g ` a a a a a as /B j i i s H§3 d B a d r da a IBII3�I��la