HomeMy WebLinkAbout2000-416ORDINANCE NO 96M-U Ito
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 98-
394, TO PROVIDE FOR A DETAILED PLAN FOR 8 29 ACRES LOCATED WITHIN THE
PLANNED DEVELOPMENT 132 (PD-132) ZONING DISTRICT AND LAND USE
CLASSIFICATION, THE SUBJECT PROPERTY BEING GENERALLY LOCATED ON THE
EAST SIDE OF LAKEVIEW BOULEVARD APPROXIMATELY 2500 FEET NORTHEAST
OF THE INTERSECTION OF LAKEWOOD BOULEVARD AND SWISHER ROAD IN THE
CITY OF DENTON, DENTON COUNTY, TEXAS, 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-00-017)
WHEREAS, on November 17, 1998, by Ordinance 98-394, the City Council approved an
amended Concept Plan for 427 616 acres located in the Planned Development (PD-132) Zoning
District, as more particularly described therein, and
WHEREAS, on July 26, 2000, The Preserve at Pecan Creek Partners, Ltd submitted a
Detailed Plan for 8 29 acres located within the Planned Development 132 (PD-132) Zoning
District with the intent to develop a community amenities center, and
WHEREAS, on September 27, 2000, the Planning and Zoning Commission
recommended approval of a Detailed Plan for such 8 29 acres, and
WHEREAS, the City Council finds that the Detailed Plan is consistent with the approved
amended Concept Plan for PD-132 and is in compliance with the 1999-2020 Denton
Comprehensive Plan ("The Denton Plan"), NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That Ordinance 98-394 providing for the approval of an amendment to the
Planned Development-132 (PD-132) Zoning District Classification and Use Designation is
hereby amended by approving the Detailed Plan attached hereto and incorporated herein by
reference as Exhibit B for 8 29 acres located within PD-132, more particularly described by the
legal description attached hereto and incorporated herein by reference as Exhibit A, subject to
the following condition
1 Lighting on the property shall be designed and maintained so as not to shine on or
otherwise disturb surrounding residential property or to shine and project upward to
prevent the diffusion into the night sky
SECTION 2 That the provisions of this ordinance as they apply to the 8 29 acres shown
in the detailed plan herein approved, 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 That a copy of this ordinance shall be attached to Ordinance No 98-394
showing the amendment herein approved
SECTION 4 That 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 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, official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage
PASSED AND APPROVED this the '111t\_ day of (\ [oyQ t1',C]Q r 2000
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY k)At6,
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATT
BY
EULINE BROCK, MAYOR
PAGE
EXHIBIT A
PROPERW DESCRIPTION
STATE OF TEXAS,
COUNTY OF DENTON,
BEING a 6 499 acre tract of land situated in the Gideon Walker Survey Abstract No
1340 City of Denton, Denton County Texas being a portion of The Preserve at Pecan
Creek, Ltd 413 512 acre tract of land as described In Deed of Trust and Security
Ag�eemenl recorded in Denton County Clerk's document number 99-ROO60706 of the
Real Property Records of Denton County Texas and being more particularly described
as,follows I
COMMENCING at a 112' iron rod found in the west line of a tract of land !Tract I I as
described in deed to Hidden Valley Airpark Association Inc recorded in Volume 551
Poe 415 of the Deed Records of Denton County Texas at the northwest corner of
Haden Valley Estates Phase Il, an addition to the Town of Shady Shores Denton
County, Texas as recorded in Cabinet D, Slide 377 of the Plat Records of Denton County
Texas, being an angle point in the east line of said The Preserve at Pecan Creek Ltd
413 512 acre tract,
THENCE N 02 46'12' E, departing the northwest corner of Hidden Valley Estates, Phase
Il, along the west line of said Hidden Valley Alrpork Association, Inc Tract I and an east
lints of said 413 512 acre tract, a distance of 711 65 feel to a 112' iron rod found,
THENCE N 02 23'40' E along the west line of said Hidden Valley Airpark Association Irc
Tract I and on east line of said 413 512 acre tract a distance of 185 20 feel to a 112' iron
rod with a plastic cop sal,
THENCE departing the west line of sold Hidden Valley Airpork Association Inc Tract I
and the east line of said 413 512 acre tract traversing said 413 512 acre tract the
following i
S 72 I2'42' W, a distance of 527 79 feet to a 112' iron rod with a plastic cap set,
S 59 26'16' W, a distance of 344 19 feet to a 112' iron rod with a plastic cap set,
N 08 16'36' E, a distance of 179 41 feel to a 112' iron rod with a plastic cap set at
the point of curvature of a non -tangent circular curve the right having a radius that
bears N 08 16'36' E, 225 00 feet,
Northwesterly, along sold circular curve to the right through a central angle of
23 14'49' an arc distance of 91 29 feet and having a chord that bears
N 70 06'00' W 90 67 feel to a 112' iron rod with a plastic cap set In the
southeasterly line of Lot 2, Block 22 of Lakeview Boulevard Right -Of -Way and Lot
10 Block 5, Lot 2, Block 15, Lot I, Block 22 8 Lot 2 Block 22, The Preserve of
Pecan Creek an addition to the City of Denton Denton County Texas as recorded
in Cabinet R, Slide 366, PRDCT, sold point also lying in a circular curve to the left
having a radius that bears N 56 48'00' W 1400 00 feet,
THENCE Northeasterly, along the southeasterly line of said Lot 2 Block 22 and along
slid circular curve to the left, through a central angle of 02 02'48' an arc distance of
50 01 feel and having a chord that bears N 32 10'37' E a distance of 50 00 feel to a 112'
!don rod with a plastic cap set at the POINT OF BEGINNING of the herein described tract
of land,
THENCE Northeasterly, continuing along the southeasterly line of said Lot 2 Block 22
and along said circular curve to the left, through a central angle of 03 24'41' an arc
distance of 83 35 feel and having a chord that bears N 29 2652' E a distance of 83 34
feet to a 112' iron rod with a plastic cap set at the northeast corner of said Lot 2 Block
22,
THENCE N 62 I5'28' W. departing radial to the preceding curve along the northerlymost
line of said Lot 2 Block 22 a distance of 10 00 feet to a 112' iron rod with a plastic cop
set at the northwest corner of said Lot 2 Block 22 and the northeast corner of the
existing platted terminus of Lakeview Boulevard 180' R 0 W of this point per Cabinet R
Slide 366, PRDCT t same being the point of curvature of a non-langent circular curve to
the left having a radius that bears N 62 15'28' W, a distance of 1390 00 feet,
THENCE departing the northwest corner of sold Lot 2 Block 22 and the northeast corner
of the existing platted terminus of sold Lakeview Boulevard traversing said 413 512 acre
tract the following,
PROPERTY DESCRIPTION
(CONTINUED)
Northeasterly, along said circular curve to the left through a central angle of
14 35'01', an arc distance of 353 80 feet and having a chord that bears
N 20 27'01' E. a distance of 352 85 feel to a 112' von rod with a plastic cap set al
the point of langency,
N 13 09131' E a distance of 300 70 feet to a 112' von rod with a plastic cap set of
the point of curvature of a circular curve to the right having a radius of 1460 00
feet,
Northeasterly along said circular curve to the right through a cenfrol angle of
22 12133', an arc distance of 565 93 feel and having a chord thof bears
N 24 15'47' E. a distance of 562 39 feet to a 112' von rod with a plastic cop set,
S 53 39'04' E, departing non-longent to the preceding curve a distance of 85 Of
feet to a 112' von rod with a plastic cop set at the point of curvature of a non -
tangent circular curve to the left having a radius that bears S 54 41'35' E 1375 00
feet,
Southwesterly, along sold circular curve to the left through a central angle of
00 58,551, an arc distance of 23 57 feet and having a chord that bears
S 34 48'58' W, a distance of 23 57 feel to a 112' von rod w,'h a plastic cap set of
the point of tangency,
S 34 19'30' W, a distance of 30 45 feet to a 112' von rod with a plastic cap set at
the point of curvature of a circular curve to the left having a radius of 325 00 feel,
Southwesterly, along said circular curve to the left through a central angle of
47 20'28' an arc distance of 268 53 feet and having a chord that bears
S 10 39'16' W a distance of 260 96 feel to a 112' von rod with a plastic cap set
at the point of tangency,
S 13 00'58' E, a distance of 52 65 feet to a 112' von rod with a plastic cop set of
the point of curvature of a circular curve to right having a radius of 425 00 feet,
Southeasterly, along sold circular curve to the right through a central angle of
15 24'38' on arc distance of 114 31 feet and having a chord that bears
S 05 l8139' E. a distance of 1l3 97 feel to a 112' von rod with a plastic cap set al
the point of tangency,
S 02 23'40' W a distance of 281 15 feet to a 112' von rod with a plastic cop set
at the point of curvature of a circular curve to the right having a rcd,us of 325 00
feet,
Southwesterly, along said circular curve to the right through a central angle of
15 36120', an arc distance of 88 52 feet and having a chord that bears
S 10 ll'50' W, a distance of 88 25 feet to a 112' von rod with o plastic cap set 01
the point of langency,
S 18 00'00' W, a distance of 6 29 feet to a 112' von rod with a plastic cap set of
the point of curvature of a circular curve to the left having a radius of 275 00 feet,
Southwesterly, along said circular curve to the left through a central
angle of 35 47'181, an arc distance of 171 77 feet and having a chord that bears
S 00 06'21' W a distance of 168 99 feet to a 112' von rod with a plastic cap set
of the point of tangency,
S 17 47'18' E, a distance of 46 17 feet to a 112' von rod with a plastic cap set,
S 72 12'42' W, a distance of 130 23 feet to a 112' von rod with a plastic cap set
at the point of curvature of a circular curve to the left having a radius of 525 00
feet,
Southwesterly, along said circular curve to the left through a centrcl
angle of 12 4627' an arc distance of 171 05 feel and having a chord that bears
S 65 49'29' W, a distance of 116 8l feet to a 112' iron rod with a plastic cop set
at the point of tangency,
S 59 26'16' W, a distance of 47 48 feel to a 112' von rod with a plastic cap set at
the point of curvature of a circular curve to the right having a radius of 175 00 feet,
Northwesterly, along sold circular curve to the right through a central
angle of 61 53'57', an arc distance of 189 06 feet and having a chord that bears
N 89 36'46' W, a distance of 180 00 feel to the POINT OF BEGWNING and
containing 283 099 square feel or 6 499 acres of land
PROPERTY DESCRIPTION
STATE OF TEXAS,
COUNTY OF DENTON,
BEING a 1791 acre tract of land situated in the Gideon Walker Survey Abstract No
1330, City of Denton, Denton County Texas being a portion of The Preserve at Pecan
Creek, Ltd 413 512 acre tract of land as described in Deed of Trust and Security
Agreement recorded In Denton County Clerk's document number 99-R0060706 of the
Real Property Records of Denton County Texas and being more particularly described
as follows,
COMMENCING at a 1/2' iron rod found in the west line of o tract of land !Tract 1I as
described In deed to Hidden Valley Airpork Association Inc recorded in Volume 551
Page 415 of the Deed Records of Denton County Texas of the northwest corner of
Hidden Valley Estates, Phase Il, an addition to the Town of Shady Shores Denton
County, Texas as recorded In Cabinet D, Slide 377 of the Plot Records of Denton County
Texas, being an angle point In Me east line of said The Preserve at Pecan Creek Ltd
413 512 acre tract,
THENCE N 02 46'12' E departing the northwest corner of Hidden Valley Estates Phase
Il along the west line of sold Hidden Valley Airpark Association Inc Tract I and an east
line of sold 413 512 acre tract a distance of 711 65 feel to a 1/2' iron rod found,
THENCE N 02 23'40' E along the west line of sold Hidc'en Valley Avpark Association Inc
Tract I and an east line of sold 413 512 acre tract a distonce of 185 20 feet to a 1/2' von
rod with a plastic cap set,
THENCE departing the west line of sold Hidden Valley Avpork Association Inc Tract I
and the east line of sold 413 512 acre tract traversing so,d 413 512 acre tract the
following,
S 72 12'42' W. a distance of 527 79 feet to a 1/2' von rod with a plastic cap set,
S 59 26'16' W, a distance of 344 19 feel to a 1/2' non rod with a plastic cap set
at the POINT OF BEGINNING of the herein described Iract of land,
S 59 26'16' W a distance of 103 40 feel to a 1/2' non rod with a plastic cap set,
S 17 26'10' W, a distance of 140 98 feet to a I/2' iron rod with a plastic cap set,
S 85 24'42' W a distance of 330 81 feel to a 1/2' non rod with a plastic cap set
In the southeasterly line of Lot 2 Block 22 of Lakeview Boulevard Right -Of -Way
and Lot IO Block 5 Lot 2 Block 15 Lot I Block 22 8 Lot 2, Block 22 The
Preserve al Pecan Creek, an addition to the City of Denton Denton County Texas
as recorded in Cabinet R, Slide 366 PRDCT,
THENCE N 48 25'16' E along the southeasterly line of said lot 2 Block 22 a distance
of 212 88 feel to a I/2' von rod with a plastic cap set at the point of curvature of a
circular curve to the left having a radius of 1400 00 feel,
THENCE Northeasterly, along the southeasterly line of said Lot 2 Block 22 and along
sold circular curve to the left through a central angle of 15 13 15' an arc distance of
371 92 feet and having a chord that bears N 40 48 38' E a distance of 370 83 feet to a
I/2' Iron rod with a plastic cap set at the point of curvature of a non -compound circular
curve to the left having a radius that bears N 31 31'25' E 225 00 feel,
THENCE departing southeasterly line of said Lot 2 Block 22 traversing said 413 512
acre tract, the following,
Southeasterly, along sold circular curve to the left through a central angle of
23 14 '49' on arc distance of 91 29 feet and having a chord that bears
S 70 06'00' E 90 67 feel to a 1/2' Iron rod with a plastic cap set,
S OB 16'36' W departing radial to the preceding curve a distance of 179 41 feet
to the POINT OF BEGINNING and containing 78 023 square feet or 1791 acres
of land
EXHIBIT B
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