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Home My WebLink About2005-024FILE REFERENCE FORM 2005-024 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILES vate initials Amended by Ordinance No. 2006-137 05/16/06 JR ORDINANCE NO. �OO �7 — D,� Z/ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, 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, on April 14, 2004, Holigan Land Development, Ltd. Applied to provide 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, on December 15, 2004, the Planning and Zoning Commission recommended approval of the Detailed Plan; and WHEREAS, the City Council finds that the Detailed Plan is consistent with the approved Concept Plan for PD-132; 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 with the following conditions. 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 Page 1 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 2. 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 3. The City's official zoning map is amended to show the approval ofthe detailed plan. 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, 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 .2005. 14- EULINE OCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CIVATTORNEY Page 2 Exhibit A EXUMIT "A" METES AND BOUNDS DESCRIPTION BEdN► NG at a rollroad spike set In asphalt snt n P=nC;.Paga Road of the northwest saner of the fined slot of 1NE<PIYE 'AT PECAN cREEic, SEC" 1C, PHASE 1, an addition to 'the pty of Cantons. Carlton County. 'Won to recorded in Cabinst R, Slide 279 of the plat Racoeds of Denton County, Tehtoe (P.RA:C.T.) ; 1HENCE along the westerly Miss of acid THE PRESERVE: AT PECAN CREEK,'SECnCN A, PHASE 1. the following: SO27r57 W, a detance of 888:40 foot to a 1/2' Iran rod with a plastie aap,eot; NM7'C3"W, a distance of 270.0E feet to a 1/2" iron rod:wth a ph*M cap set at the bndating platted terminus of sold Bago le OrNm S02'22'670W. dog the "tt g platted termtius of add Bogonla CrIVoo of a .distance of 50.00 feet posatng a 1/2' tron rod with a plastic cap set in the south line of add Begonia Drive, continuing a total distance of 285 84 feet too 1/2" wan rod with a plastic cop sot; SO181'2M a distance of M82 fast to a 1/r 1ron rod with a plastic cmp sett S1C't13'/8"E,,. a distance of 88.49 foot to a 1/2" iron rod w9th :a plastic cop, set; 5201034'E, a distance of ti M fast .to a 1/Y Iran rod with a plastic cap set; S2"W47% a distance of 107.74 test :to c.1/2' toll.rod with a.plastic cap set in the northwesterly right--of-way line of L&Wew'Bodevard f8C' RAM). sold pcMt tamp the point of curvature of a non-tongw* ckautor curve. to a left, having a. radius that bears S48WI4" E, 1050.00 fast 1HEWCE- Soft fitedy, d g the west' ll he of sold 1HE PRESERVE AT PECAN CREEK. S£C1t0N A. PNA; 1, an along fhs northwesterly right-ot•-way line of said talasvtow Boulevard and sold atroutar curve to the tot through a central a of 09'47'42". an arc distance :of 179.50 feet and haft a third that bean 537115 WW, a distance of 179.28 -fast to a 1/2" Iran rod with a plastic cap set: 7HENCE 145721ft W, dsparting the northwesterly right-of-way One of sold Lakeview Boulevard. and departing the previato non -to gent curve` a dMance of 835,70 foot to a 1/20 tv n rod with 'a plastla :bap sot In the wait line Of said 41&512 awn trout and the east Me of a called 15.0E core tract Of land as dosawibod In number 2000-NMO73% P.R .C.74 THENCE NO27S'S7`E, along tho .wsot line of sold 413.512 acre'tract and the east dins of said aa9ed 15.00, air tract; at a dtetdmce of 1388.72 fast to a railroad spice in asphalt pavement set in aforomenttaned Podwe Pop Road. at the most westerly northwest owner of add 4111512 awn treat: THENCE S8710 IrE. wtthtt said Pordsus .Pogo Rant and dona a north 9no of odd 413Al2 core tract, a distance.. of 9 .03 feet to. the POINT OF BEGINNING and containttg 1,082.842 square foot or 24JUI awns of land. ® it I I, NRMU-12 NRMU97 li 39.88 Ac. I 12.97 Ac..n Pf1CVOii1_on ZONE PD r -Legend PH.--_� DTINIA ., • ° I ' J rL-1 x .r. V Ln. •O m m �I p �� j W I z •o 0 0l >< Ja i J • �19 LOT SUMMARY m ° - 5DoaL0L10Z.no _ 00 S.125 Y D q0; - I'O�E0 iOim I b ob � - FIRM MAP# 48121CO387E a BARBERRY �_ AVENUE nGeeral Notes' s ' 17 =1 u..w ea....•m. e.n•w>�aa. .a. 6edr .a...e. zl =a m r T I u, �1.'I,. -�p,P i' Vicinity Map ,Is Sw �heet ..ar -dex Exhte;4 6-Opfln I PLANNED DEVELOPMENT AMENDMENT PRESERVE AT PECAN CREEK SECTION A2 115 SP-DETACHED LOTS 24M ACPES ama eo a re aecw w.LtFn ame.. nb�R,rc. vao crrc ee Panon rexp��0 �cawrv. xwe