HomeMy WebLinkAbout2000-135FILE REFERENCE FORM 2000-135
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Amended by Ordinance No. 2003-362 11/04/03 JR
ORDINANCE NO D,O/2 - 0,!5-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 86-
173 TO PROVIDE FOR A DETAILED PLAN FOR 162 527 ACRES LOCATED WITHIN
PLANNED DEVELOPMENT 120 (PD-120) ZONING DISTRICT, THE SUBJECT
PROPERTY BEING LOCATED BETWEEN NORTH ELM STREET (US 77) AND LOOP 288
ROUGHLY 1500 FEET WEST OF NORTH LOCUST (FM 2164), PROVIDING A SAVINGS
CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00
FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-101)
WHEREAS, on September 2, 1986, by Ordinance 86-173, the City Council approved a
change in zoning for 412 12 acres of land to Planned Development 120 (PD-120) Zoning
District, and
WHEREAS, on October 6, 1998, by Ordinance 98-324, the City Council approved an
amended Concept Plan for 270 48 acres of land located within PD-120, and
WHEREAS, on December 14, 1999, CIVIL works Engineering, on behalf of Locust/288
Partners, LTD, submitted a Detailed Plan for 162 527 acres of land located within PD-120 with
the intent to develop a single-family residential subdivision, and
WHEREAS, on March 8, 2000, the Planning and Zoning Commission recommended
approval of a Detailed Plan for such 162 527 acres, and
WHEREAS, the City Council finds that the Detailed Plan will be consistent with the
concept plan, and satisfies the requirements of Sections 35-136 and 35-155 of the Code of
Ordinances of the City of Denton, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 Ordinance No 86-173 providing for the approval of a Planned
Development Zoning District Classification and Use Designation for the property described as
PD-120 is amended by approving the Detailed Plan attached hereto and incorporated herein by
reference as Exhibit B for 162 527 acres located within PD-120, more particularly described by
the legal description attached hereto and incorporated herein by reference as Exhibit A, subject
to the following conditions
1 70% of the ground floor exterior and 50% of the second floor exterior of each house
shall be of a qualified masonry material Other siding surfaces shall be vaned in
color
2 Fencing or screening along Nicosia shall be reinforced by steel posts and shall feature
masonry columns at a maximum of 50' on center
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SE ION 2 The provisions of this ordinance as they apply to the 162 527 acres shown
in the detailed plan herein approved, shall govern and control over any conflicting provisions of
Ordinance No 86-173 and Ordinance No 98-324, but all the provisions of Ordinance No 86-
173 and Ordinance No 98-324, 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 A copy of this ordinance shall be attached to Ordinance No 86-173
showing the amendment herein approved
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, official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage
PASSED AND APPROVED this the day of , 2000
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY(�_
AP OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE
EXHIBIT A
LEGAL DESCRIPTION
PARCEL "A"
Being a tract of land situated in the Thomas Toby Survey Abstract No 1288 and the B B B & C R R
Cc Survey, Abstract No 186, City of Denton, Denton County, Texas, said tract of land also being
Tract II and a portion of Tract I as deeded to Locust/288 Partners, Ltd recorded In County Clerk's
No 99-0025993 of the Deed Records of Denton County, Texas, said tract of land being described
by metes and bounds as follows
BEGINNING at a set 5/8 inch capped iron rod ("BHB INC") on the East right-of-way line of Terlingua
Street, a 40 foot road as dedicated on the final plat of Texas Instruments Addition, Lot 1, Block 1,
as recorded in Cabinet G, Slide 48 of said Deed Records, from said set 5/8 inch capped iron rod
("BHB INC"), a found 5/8 inch iron rod in Riney Road, being the southwest corner of a tract of land
as deeded to KDRC II, Limited Partnership, recorded in County Clerk's No 94-0066002 of said
Deed Records, bears South 00 degrees 54 minutes 11 seconds West, a distance of 254 91 feet,
THENCE North 00 degrees 54 minutes 11 seconds East, along said East right-of-way line,
passing at 682 24 feet, a found 1/2 inch iron rod, being the southwest corner of said
Tract II, and continuing in all a distance of 2267 51 feet to a found 1/2 Inch iron rod
at the northwest corner of said Tract II, from said found 1/2 inch iron rod at the
northwest corner of said Tract it a found TXDOT monument (4" brass disk) bears,
North 00 degrees 54 minutes 11 seconds East, a distance of 555 08 feet,
THENCE South 89 degrees 05 minutes 08 seconds East, departing said East nght-of-way line
and along the North line of said Tract 11, a distance of 574 89 feet to a found 1/2 inch
iron rod at the northeast corner of said Tract II and being on the West line of said
Tract I,
THENCE North 08 degrees 01 minute 14 seconds East, along the West line of said Tract I, a
distance of 83 48 feet to a point on the South line of a 75 foot easement deeded to
Texas Municipal Power Agency recorded in Volume 1133, Page 859 of said Deed
Records,
THENCE South 62 degrees 31 minutes 57 seconds East, along the South line of said 75 foot
easement, a distance of 1289 57 feet,
THENCE South 89 degrees 25 minutes 05 seconds East, continuing along the South line of
said 75 foot easement, a distance of 160 32 feet to the West line of a tract of land
as deeded to Denton 40 Joint Venture, recorded in Volume 2565, Page 72 of said
Deed Records,
THENCE South 01 degree 41 minutes 57 seconds West, along the West line of said Denton
40 Joint Venture tract, a distance of 56 31 feet to a found 1/2 inch iron rod at the
southwest corner of said Denton 40 Joint Venture Tract, from said found 1/2 Inch
Iron rod, a found 1/2 Inch Iron rod bears, South 53 degrees 33 minutes 50 seconds
East, a distance of 2 33 feet,
THENCE South 89 degrees 11 minutes 11 seconds East, along the South line of said Denton
40 Joint Venture tract, a distance of 1405 40 feet to a found 5/8 inch iron rod at a
fence corner, being the northwest comer of a tract of land as deeded to Bob E Tripp
and David E Tripp, Trustees, recorded in Volume 996, Page 376 of said Deed
Records, from said found 5/8 inch iron rod a found 1/2 inch iron rod, being the
northeast corner of said Tripp tract, bears South 89 degrees 17 minutes 11 seconds
East, a distance of 1514 66 feet,
THENCE South 01 degree 05 minutes 52 seconds West, along the West line of said Tripp
tract, a distance of 1114 97 feet to a found 1/2 inch iron rod at the northeast corner
of Lot 2, Block A, Sandlin Addition, recorded in Cabinet O, Slide 132 of said Deed
Records, from said found 1/2 inch iron rod, a found 1/2 inch capped iron rod
("COLEMAN"), being the southeast corner of said Lot 2, bears South 01 degree 05
minutes 52 seconds West, a distance of 862 16 feet,
THENCE North 89 degrees 08 minutes 45 seconds West, along the North line of said Lot 2,
a distance of 1524 81 feet to a found 1/2 inch iron rod at the northwest corner of said
Lot 2,
THENCE South 01 degree 06 minutes 21 seconds West, along the West line of said Lot 2, a
distance of 862 28 feet to a point, said point being on the North line of Lot 6, Block
A, Donna Del Estates as recorded in Cabinet A, Slide 186 of said Deed Records and
on the South line of said Tract I, said point also being the southwest corner of said
Lot 2, from said point a found 1/2 inch iron rod bears South 01 degree 06 minutes
21 seconds West, a distance of 0 50 feet, also from said point, a found 5/8 inch iron
rod, being the northwest corner of Fallmeadow North Addition as recorded in Cabinet
C, Slide 75 of said Deed Records, bears South 89 degrees 09 minutes 06 seconds
East, a distance of 23 42 feet,
THENCE North 89 degrees 09 minutes 06 seconds West, along the South line of said Tract
I, passing at 973 78 feet a found 1/2 inch iron rod and continuing in all a distance of
1272 10 feet to a found 1/2 Inch Iron rod being the most southerly southwest corner
of said Tract I,
THENCE North 00 degrees 48 minutes 37 seconds East, along a West line of said Tract I, a
distance of 124 87 feet to a set 5/8 inch capped iron rod ("BHB INC"),
THENCE North 22 degrees 46 minutes 29 seconds West, along a West line of said Tract I, a
distance of 207 56 feet to a found 1/2 inch iron rod,
THENCE South 72 degrees 27 minutes 32 seconds West, along a South line of said Tract I,
a distance of 175 51 feet to a set 5/8 inch capped iron rod (°BHB INC"),
THENCE North 89 degrees 05 minutes 49 seconds West, along a South line of said Tract I,
a distance of 249 79 feet to the POINT OF BEGINNING containing 5,805,811 square
feet or 133 283 acres
SAVE AND EXCEPT a tract of land situated in the Thomas Toby Survey, Abstract No 1288, Denton
County, Texas, being the same tract of land as deeded to the City of Denton recorded in Volume
556, Page 434 of the Deed Records of Denton County, Texas, said tract being described by metes
and bounds as follows
COMMENCING at a point being the most southerly southeast corner of Tract I as deeded to
Locust/288 Partners, Ltd recorded in County Clerk's No 99-0025993 of said Deed Records and also
being the southwest corner of Lot 2, Block A, Sandlm Addition as recorded in Cabinet O, Slide 132
of the Deed Records of Denton County, Texas, from said point, a found 1/2 inch iron rod bears
South 01 degree 06 minutes 21 seconds West, a distance of 0 50 feet, THENCE North 89 degrees
09 minutes 06 seconds West, along the South line of said Tract I, a distance of 973 78 feet to a
found 1/2 inch iron rod, THENCE North 01 degree 13 minutes 57 seconds West, a distance of 6213
feet to a found 1/2 Inch iron rod, being the POINT OF BEGINNING,
THENCE North 89 degrees 04 minutes 16 seconds West, along the South line of said City of
Denton tract, a distance of 200 02 feet to a found 1/2 inch iron rod,
THENCE North 00 degrees 54 minutes 05 seconds East, along the West line of said City of
Denton tract, a distance of 200 01 feet to a found 1/2 inch iron rod,
THENCE South 89 degrees 03 minutes 33 seconds East, along the North line of said City of
Denton tract, a distance of 200 16 feet to a found 1/2 inch iron rod,
THENCE South 00 degrees 56 minutes 33 seconds West, along the East line of said City of
Denton tract, a distance of 199 97 feet to the POINT OF BEGINNING containing
40,017 square feet or 0 919 acre
LEGAL DESCRIPTION
PARCEL"B"
Being all of Lot 2, Block A, Sandlin Addition as recorded in Cabinet O, Slide 132 of the Deed
Records of Denton County, Texas
EXHIBIT B
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