Loading...
1997-205 NOTE Amended by Ordinance No 99-432 O INANCE NO q 7- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A REVISED DETAILED PLAN FOR PLANNED DEVELOPMENT NO 35 (PD-35) FOR THE 70 654 ACRES AS SHOWN 1N THE ATTACHED DETAILED PLAN, THE SUBJECT PROPERTY BEING LOCATED BETWEEN U S 377 AND F M 1830, APPROXIMATELY 1,700 FEET SOUTH OF HOBSON LANE, 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 WHEREAS, D R Cameron & Associates, on behalfofH S Osborne, owners of the subject property, has apphed for approval cfa revised detailed plan for the 70 654 acres described in Exlmbit A, which constitutes Planned Development 35 (PD-35), a planned development district established by Ordinance 81-79, and WHEREAS, on June 11, 1997, the Planmng and Zomng Comrmsmon recommended approval of the requested detad plan, and WHEREAS, the Cay Council finds that tbas detmled plan will be in compliance with the Denton Development Plan, NOW, THEREFORE, THE COUNC1L OF THE CITY OF DENTON HEREBY ORDAINS Section I That Ordinance No 81-79, as ~t relates to Planned Development Dmtnct 35 (PD- 35), consisting of 70 654 acres more particularly described by the legal description attached hereto and incorporated herein as Exhibit A, is hereby amended by adopting a rewsed detmled plan for the 70 654 acres, smd detmled plan being attached hereto and incorporated herein as Exhibit B for all purposes, subject to the following conditions A The acqmmiort, dedication, and inclusion of an approximately 20-acre site for a pubhc park B Construction ofaddmonal infrastructure to the park site to provide access for the first adjacent houses built in the subdivision Sectaon II That Ordinance No 81-79 as amended, shall remain in full force and effect, save and except as amended by this ordinance S~Ctlon III That a copy ofttus ordinance shall be attached to Ordinance No 81-79 Section 1V That any person v~olatmg any provlmon oftbas ordinance shall, upon conviction, be freed a sum not exceeding $2,000 00 Each day that a provision oftbas ordinance is violated shall constitute a separate and distinct offense SeXton V That flus orchnance shall become effective fourteen (14) days fi'om the date of~ts passage, and the Cxty Secretary is hereby dtrected to cause the caption of this ordinance to be pubhshed trace m the Denton Record-Chronicle, a dally newspaper pubhshed m the Cay of Denton, Texas, w~tban ten (10) days of the date or,ts passage PASSED AND APPROVED tbas the t/~ dayof ~ , 1997 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE2 ~E N 4~ ~ 3~ W, 2362e fHt~ h ~ h d~ RW~ I ~n~ ~, T~s. ~ in bon r~ found f~ com~ ~ said S~Y~ C~CATE ORDINANCE NO qT' AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 97- 205, TO PROVIDE FOR A CHANGE IN TI-I~ DETAILED PLAN FOR PLANNED DEVELOPMENT (PD-35), BY APPROVING A REVISED DETAILED PLAN FOR 7 626 ACRES OF LAND LOCATED ON THE CORNER OF U S HWY 377 AND THE SANTA FE RAILWAY, W-EST OF F M 1830, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE (Z- 99-079) WHEREAS, D R Cameron and Associates, has applied for an amendment m zoning for 7 626 acres of land on Planned Development (PD-35) by askang for approval of a rexased detaded plan for the 7 626 acres, and WHEREAS, on October 27, 1999, the Planmng and Zomng Commission recommended approval of the requested change in zomng, and WHEREAS, the City Council finds that the change in zomng will be consistent w~th the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That ordinance 97-205 providing approval of a revised detmled plan for Planned Development No 35 is hereby amended for the 7 626 acre property described in the legal description attached hereto and ~ncorporated herein as Ex2ublt "A", by approval ofa rewsed detmled plan as described m Exl~blt "B", wl~ch is attached hereto and incorporated herein by reference The 7 626 acre property shall be subject to the following additional condition 1 The exterior of the homes to be constructed shall consist of at least 75% brick, windows and doors excepted SECTION 2 That a copy of tlus ordinance shall be attached to Ordinance No 97-205, showing the amendment herein approved $]~CTION 3 That any person violating any provision of tlus ordinance shall, upon convmt~on, be freed a sum not exceeding $2,000 00 Each day that a provision oftlus orchnance is violated shall constitute a separate and distinct offense SECTION 4. That if any section, sub-section, paragraph, clause, phrase, or proxasions oftbas ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity oftlus ordanance as a whole or any part of promslous hereof, other than the part so decided to be invalid or unconstitutional SECTION 5 That Ordinance No 97-205, as amended, shall remain m full force and effect, save and except as amended by tins ordxnance SECTION 6 That thzs ordinance shall become effectxve fourteen (14) days fi-om the date ofxts passage, and the C~ty Secretary is hereby dxrected to cause the captxon of this ordinance to be pubhshed twice m the Denton Record*Chromcle, a dmly newspaper pubhshed m the C~ty of Denton, Texas, within ten (10) days of the date ofxts passage JAC AYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 EXHIBIT A LEOAL DESCRIPTION WHBREAS, PULTE HOME CORPORATION OF TEXAS, lS the owner ora two tracts of land s,tuated m tho B B B & C R.R. Surwy, Aba'act No 196, In the City of Denton, Denton County, Texas, being part of a ?0 654 acr~ of land, as demonbod In Clerks FIle No 97-R0055782, m tho Deed Records of Denton County, Texas, being Inoro part~ouinrly described as follows BEGINNING, at a ½ Inch ~ron rod found at tho Inost northerly of the most westerly northwest comer of Bent Crook Phase I, an ad&t~un to tho C,ty of Denton, Texas, as described m Volume O, Pages 85-86 m Map Records of l]~nton County, Toy. as and beu~ in the intersection of the south right of way line of U S Highway 377 (Variable wldth R O W ) and the north n~ht of way line of Mosscreek Drive (50' R O W ), THENCE, North 44004'42" East, along the smd R.O W of U S I-I~ghway 377 and along the north line of sa,d 70 654 aero tract for a &stanee of 115 00 feet to a ½ Inch Iron rod found, THENCE SOUth 46°06'03" East, departing the smd R O W and along the westerly northeast line of the smd 70 654 acre tract for a d~stanee of 634 64 feet to a ½ mob iron rod found, said Iron being m the north hne of Bent Creek Phase II, THENCE, South 43°45'39" West, along smd north line for a thstance of 115 00 feet to a ½ tach iron rod found, smd iron being In the North right of way hne of Messoreek Drive, THENCE, North 46°06'03" West, continuing along the said north R O W line of Nlossoreek Drive for a ~hstanc~ of 635 28' to POINT OF BEGINNING and containing 1 675 acres of land TRACT II BEGINNING, at a ½ Inch ~ron rod found at the Inost southerly of the Inost westerly northwest corner of Bent Crook Phase 1, an ada,tlon to the City of Denton, Toyms, as described In Volume O, Pages 85-86 In Map Records of Denton County, Toy. as and b~mg In the intersection of the south n~ht of way line of U S Highway 377 (Variable vadth R O W ) and the south n~ht of way line of Mossoreek Drive (50' R O W ), TH]~CE, South 46006'03" East, along smd south R O W line of Mosscreek Drive for a dmtance of 635 56 feet to a ½ inoh ~ro~i rod found, THENCE, South 43°4Y39" We~t, departm~ the smd R 0 W along the northwest line of said Bent Creek Sub(hvlslon Ph I, for a &stance of 467 67 feet to a ½ mob ~ron rod found m the North R O W line of the O C · ~' S F Rmlroad, THENCE, North 35°23'10" West, along tho smd north R O W line for a &stance of 649 09 feet to a ½" ~rnn rod s~t, smd point lying in the south n~ht of way line of U S I-5ghway 377, THENCE, North 44004'42" East, along tho smd south right of way line of U S Hwy 377 for a &smnc~ of 347 00 feet to the POINT OF BEGINNING AND CONTAINING 5 951 ACRES OF LAND