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Home My WebLink About2001-246s wog oe��e�uwwNecaw��z Mo 3ax ORDINANCE NO aW 1 &17 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM ONE FAMILY DWELLING (SF-10) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 5 0 ACRES OF LAND GENERALLY LOCATED ON THE WEST SIDE OF OLD NORTH ROAD APPROXIMATELY 200 FEET SOUTH OF FOXCROFT LANE, TO ALLOW FOR A DEVELOPMENT OF SINGLE FAMILY HOMES, PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR THE DISTRICT, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z-00-0023) WHEREAS, Jay Thomas of Jay Thomas Custom Homes has applied for change in zoning for 5 0 acres of land from One -Family Dwelling (SF-10) zoning district classification and use designation to Planned Development (PD) zoning district classification and use designation with the intent to develop a subdivision of 23 single-family homes, and WHEREAS, on June 13, 2001, the Planning and Zoning Commission recommended approval of the requested change in zoning, and WHEREAS, on June 13, 2001, the Planning and Zoning Commission recommended approval of the Detailed Plan shown as Exhibit `B", and WHEREAS, the City Council finds that the change in zoning is consistent with the Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zoning district classification and use designation of the 5 0 acre property described in the legal description attached hereto and incorporated herein as Exhibit "A" is changed from One,Family Dwelling (SF-10) zoning district classification and use designation to Planned Development (PD) zoning district classification and use designation and a Detailed Plan for the 1 168 acres is adopted, said Detailed Plan being attached hereto and incorporated herein as Exhibit "B" for all purposes, to allow a 23-lot single family development under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions The proposed storm sewer shall be designed to handle 100 percent of the on -site runoff based on the proposed land use for the 5 acre tract only Existing offsite runoff will be handled by proposed drainage ditches on the north and south sides of the property and discharged to Old North Road according to current conditions With the proposed storm sewer, additional runoff to Old north Road will be captured to prevent further problems with drainage The 6' high masonry fence along Old North Road may include ornamental wrought iron Page 1 of 2 S WurO ument\ jn,0e 1�020 Eon SECTION 2 The City's official zoning map is amended to show the change in zoning district classification SECTION 3 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 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 SE TION 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, 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 J L,/ 12001 ATTEST JENNIFER WALTERS, CITY SECRETARY BY do — /J )/) t& mQ2 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY m 2,(-4�Aa/L E1 JI E BROCK, MAYOR Page 2 of 2 (^ ExldbitA Ali that certain lot, tract or parcel of land, lying and being situated in the County of Denton, State of Texas, being a part of a certain 91.91 acres of land, as conveyed by Warranty Deed, dated February 5, 1937, from J Homer Kerley, et Hoke, as recorded in Vol. 263, page 558, of the Deed Records of Denton County, Texas, beux, to Luther rg a part of the Wesley Pogue Survey, patent No 1005, Volume 9, Abet, No.1012, Denton County, and being moreparticularly described as follows: BEGINNING at a point, 260 feet North of the center line of the old Denton -Mingo public read, same being the southeast corner of the Wesley Pogue Survey, Abstract No. 1012, (called distance being 244.44 feet); said point of beghlnhig being in the center line of what was once a 36 foot north and south roadway, and being in the East boundary Une of the Wesley Pogue Survey; THENCE West along the south boundary line of the past mentioned 91.91 acre tract, and along an old existing fence line, 531.91 feet, to a steel pin for corner; THENCE North 409.47 feet, and parallel with the east boundary line of the above mentioned 9191 acre tract, and the east boundary line of the Wesley Pogue Survey, to a steel pin in the east and west fence line for corner; said steel pin being in the south boundary line of a certain tract of land, as conveyed by Luther Hoke and WIN Ethel Hoke, to the Denton Development Company, by deed dated March 19,1955; THENCE East, alonglthe south boundary line of the above mentioned Denton Development Co tract, and parallel with the south boundary line of the past mentioned 91.91 acre tract, 531.91 feet, to a point in the east boundary line of above mentioned 91.91 acre tract, same being the East boundary line of the Wesley Pogue Survey; same being the southeast corner of the above mentioned Luther Hoke and wife to Denton Development Company tract, THENCE South 409.47 feet along the East boundary line of the 9191 acre tract and the East boundary line of the Wesley Pogue Survey, to Point of Beginning and containing in all 5 acres of land NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement In the above legal description, of the area or quantity of land is not a representation that such area or quantity is correct, but Is made only for informational and/or IdenNllcation purposes and does not override Item 2 of Schedule B hereof. EXHIBIT B ro eJ008 v 81 o.(a .rng1oms 7 m S }i IS I I pia o Sx Sr it Y I _ _ IIR.A i r� I I •�' ss }9 �5 I I II Sri } I it is SI I }3 I —�A e ri 9V 3, A1N1100 N01N30 `,� NOLN30 10 aNNuwnmo WON P103O S)I"d 04.1 qe iiSa} R$aas$a lei ,} 11 � C 0,11111 @ie } " I, _� i i1111� J, MAN 0�0600��0�0�0 ��D000P00 �0E 3S\Z dao� irJas'�nm