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Home My WebLink About1999-071P Wara pN Mar Wrnm�ioeow\ 9"590NInm�cs ORDINANCE NO 9q-o2/ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 86-81 TO PROVIDE FOR THE APPROVAL OF AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 111 (PD-111) ZONING DISTRICT LOCATED EAST OF NOWLIN ROAD AND SOUTH OF ROBINSON ROAD, APPROVING A DETAILED PLAN CONTAINING 27 1 ACRES WITHIN THE AMENDED CONCEPT PLAN, PROVIDING FOR 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-98-059) WHEREAS, on April 15, 1986, by Ordinance 86-81, the City Council approved a change in zoning for 13176 acres of land to Planned Development 111 (PD-111) Zoning District, as more particularly described therein, and WHEREAS, Aric Head, on behalf of Pulte Homes of Texas, LP, has applied for an amendment to the concept plan for Planned Development 111 (PD-111) containing 13176 acres and approval of a detailed plan containing 27 1 acres of land therein, and WHEREAS, on January 13, 1999, the Planning and Zoning Commission recommended approval of the amendment to the concept plan and approval of the detailed plan, and WHEREAS, the City Council finds that the new concept plan and detailed plan are in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies and the Growth Management Strategies Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SF,CTIONI That Ordinance 86-81, providing approval for the rezoning of 13176 acres to Planned Development 111 (PD-111) zoning district and the adoption of the original concept plan for said district, is amended by the approval of a new Concept Plan attached hereto as Exhibit "B" and incorporated herein by reference, and more particularly described in the Exhibit "A", which is attached hereto and incorporated herein by reference SECTION II That the Detailed Plan attached hereto and incorporated herein by reference as Exhibit "E" for 27 1 acres located within PD-111, and more particularly described in Exhibit "D", which is attached hereto and incorporated herein by reference, is hereby approved SECTION III That the provisions of this ordinance, including Exhibit "C", attached hereto and incorporated herein by reference, shall govern and control over any conflicting provisions of Ordinance 86-81, but all provisions of Ordinance 86-81 as they apply to the remaining portion of the PD-111 zoning district land use regulations not herein amended, shall continue in full force and effect P)SKn �ePTLOIWyrD m�nmcm\9TZ99-059 OWInmoG SECTION IV That a copy of this ordinance shall be attached to Ordinance 86-81 showing the amendment herein approved SECTION V 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 VI 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-Chromcle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this thQ�Od day of 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APP VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY yob ' JACEeYXLER, MAYOR PAGE 2 EXHIBIT A FIELD NOTFS AbetraetNNo. 800 t0entonncounty,cTexas cand8bein McO!hant Survey, described as followaI g particularly BEGINNING at an inner corner of said Berry Merchant Survey, said point being the northweat corner of the A. H. Serren Survey, Abstract No. 1198, a point for comer, THENCE S4'47'w along the dividing line between the Merchant Survey and the Serren Survey, 1272.31 to a point for corner; THENCE S4'OS'w and continuing along the dividing line between said Merchant Survey and Serren Survey, 903.88' to the most southerly cornerofthe B.B.B.er of s&iC.R.R. CO -Survey, Abstract No. 190 the northeast for corner; , point THENCE and N85'39'w along the dividing line between the Barry Mer- chant northwest eornar ofetheBBaB,g,C6RC�R,R� CourSurveand ataaaing the LB00' and continuing at N85'39'w along the dividing llnepbetwee�ely the Merchant Survey and the�C. Chacon Survey, Abstract No. 298 for a total distance of 1760.23 to a point for earner; THENCE N1'08'E, 3319.61, to a point in the center of a county road, a point for corner; THENCE S86'411E, 1561.11, to a DoLnt for corner; THENCE S30070w, 1165.90, to a point for corner; THENCE {ng,131.761 acre2of'land.17, Co the place of beginning and contain- s -1 0^ EXHIBIT B PD 111 CONCEPT PLAN (Z-98-059) NORTH t a3 iZONED �• L 'v d a tio {{{"� 4' � a Estate 2 1 - iC^h Homes • • . a a n`How_- >r f • 7 ` Date February 16, 1999 Scale. None EXHIBIT C PD 111 Concept Plan Land Uses, Acreage and Density Land Uses Exhibit Acres Units Proposed Number Density Ord 86-81 Cluster Homes* D-2 4514 17 3 80 du/ac (4,500 s,f lots) Single-family — 7 7 D-3 4 9 19 3 90 du/ac (7,700 s,f lots) Patio Homes D-4 116 60 5 20 du/ac (3,600 s f lots) Estate Homes D-5 106 15 2 50 du/ac (9,600 s f lots) EXHIBIT D PAGE 1 OF 2 LEGAL DESCRIPTION TRACT 1 AND TRACT 2 COMBINED BEING a tract of land situated in the Berry Merchant Survey, Abstract No 800, and in the A H Serren Survey, Abstract No 1198, City of Denton, Denton County, Texas, and being a portion of that 441 76 acre tract of land described in a deed to Timberglen Company, and recorded in Denton County Clerk's File No 95-ROP79950 of the Real Property Records of Denton County, Texas, said tract being more particularly described by mates and bounds as follows COMMENCING at a 1/2 inch Iron rod where the westerly line of said 441 76 acre tract intersects the southerly right-of-way line of Robinson Road, THENCE along the westerly line of said 44176 acre tract the following bearings and distance S 03° 39' 46" W, 1275 48 feet, S 03" 05' 30" W, 176 33 feet, N 86° 55' 29" W, 690 54 feet, and S 03" 44' 15" W, 719 41 feet to the POINT OF BEGINNING, THENCE S 860 47' 52" E, 694 22 feet, THENCE S 029 54' 22" W, 1165 90 feet, THENCE S 85" 44' 46" E, 366 28 feet, THENCE S 02" 41' 54" W, 380 27 feet, THENCE S 82" 18' 12" W, 395 06 feet, THENCE N 340 16' 08" W, 335 23 feet, THENCE N 100 31' 58" W, 264 04 feet, THENCE N 060 42' 10" W, 744 93 feet, THENCE N 47" 20' 40" W, 103 34 feet, THENCE N 30" 57' 24" W, 369 21 feet to the POINT OF BEGINNING and containing 16 44 acres of land, more or less EXHIBIT D PAGE 2 OF LEGAL DESCRIPTION TRACT 4 BEING a tract of land situated in the Berry Merchant Survey, Abstract No 800, and in the A H Serren Survey, Abstract No 1198, City of Denton, Denton County, Texas, and being a portlon of that 441 76 acre tract of land described In a deed to Timberglen Company, and recorded in Denton County Clerk's File No 95-R0079950 of the Real Property Records of Denton County, Texas, said tract being more particularly described by metes and bounds as follows COMMENCING at a 5/8 Inch iron rod found In concrete in the 25 3531 acre tract of land described in deed to MHI Partnership, Ltd , recorded In Denton County Clerk's File No 97-R0085486 of the Real Property Records of Denton County, Texas for the southwest corner of Oakmont Drive (60 foot right-of- way) as dedicated to the City of Corinth, Texas and for the southerly most northwest corner of the 52 6023 acre tract of land described in deed to Hlllwood/Oakmont, Ltd , recorded In Denton County Clerk's File No, 95-R0078160 of the Real Property Records of Denton County, Texas, THENCE leaving said Oakmont Drive with the common line of the said 25 3531 acre tract and the 52 6023 acre tract, S 020 48' 14" W, a distance of 522 79 feet to a 5/8 inch iron rod found for southwest comer of the 52 6023 acre tract, THENCE with the south line of the said 53 6023 acre tract, S 860 04' 32" E, a distance of 27 87 feet to a 1 Inch iron rod found at a fence post for an ell comer of the before mentioned 4417629 acre tract, THENCE with the east line of the said 441 7629 acre tract, S 020 41' 28" W, a distance of 984 55 feet to a far comer in the centerline of the City of Denton Electrical Transmission Line, THENCE with the said centerline, S 410 49' 27" W, a distance of 962 21 feet, THENCE N 75° 46' 56" W, 886 47 feet, THENCE N 800 15' 38" W, 327 15 feet to the POINT OF BEGINNING, THENCE N 80" 15' 38" W, 343 50 feet, THENCE N 81 ° 06' 46" W, 30182 feet, THENCE N 090 58' 23" W, 109 67 feet, THENCE N 11 ° 04' 33" E, 95 57 feet, THENCE N 46° 32' 45' E, 102 34 feet, THENCE N 140 16' 30" E. 214 60 feet, THENCE N 180 50' 30" E, 286 00 feet, THENCE S 840 54' 06" E, 487 65 feet, THENCE S 040 46' 46" W, 815 08 feet to the POINT OF BEGINNING and containing 10 62 acres of land, r14fg 9f im, EXHIBIT E .®w a iiaY a®®wsw.an an Ya wa�a lwrW mo • elaa® eerwa w. ra err s w<o ww ear a f a aoa ar m. 9l M1wl H BWL w Y YMi6 }Y®a Y A M iM'dtPN YMY wa }w®MIL@YIaA1RwiPG�Yf WY }1YYK wl W i Ai Y i w11•A eeiea •w®1 lees uwl f}� Y - ••.10.' w ��,A�we�ae�ffwY1�. .•�,R} } n clle sAv1 eAi iA A� w a� ii em ; XF4 #M :rsvhe'iib.P eF fey k A } u �.Ml�— AFnwte a INTMAM n 5r BAR Cr 2 { [ r� 7 TRACT 3+'- \ f 4. ��3R if All lcn�e! p �yf f1 i t _ S pi ' e f p l T m1• i S ,A} TItACS 1..' 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