1995-244 pineyck4.ord
ORDINANCE ~ q ~ -5~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING ANADDENDUM TO
THE DETAILED PLAN FOR THE VILLAS OF PINEY CREEK, A DEVELOPMENT
COMPRISING 15.413 ACRES OF LAND LOCATED WITHIN PLANNED DEVELOPMENT
ZONING DISTRICT SIX (PD-6), NEAR THE NORTHWEST CORNER OF THE
INTERSECTION OF COLORADO BOULEVARD AND SAN JACINTO BOULEVARD;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Site Concrete, Inc., on behalf of Denton Oaks Phase
I, Ltd., the owner, has applied for an amendment to the Detailed
Plan for the Villas of Piney Creek, comprising 15.413 acres of land
located within Planned Development District Six (PD-6), near the
northwest corner of Colorado Boulevard and San Jacinto Boulevard,
to allow for the temporary location and operation of a concrete
batch plant for construction of streets located within the
subdivision; and
WHEREAS, on November 29, 1995, the Planning and Zoning Commis-
sion recommended approval of the requested zoning amendment; and
WHEREAS, the City Council finds that the change in zoning will
be in compliance with the Denton Development Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Ordinance N~ 69-35 of the City of Denton,
Texas, providing approval of a planned development zoning district
classification and use designation, and Ordinance N~ 95-133 of the
City of Denton, Texas, providing approval of a detailed plan for
15.413 acres of land located therein, and more particularly des-
cribed in Exhibit A, attached hereto and incorporated herein by
reference, are hereby amended by adopting an addendum to the
Detailed Plan for the Villas of Piney Creek, attached hereto and
incorporated herein as Exhibit B for all purposes, in accordance
with Division 2 of Article IV of Chapter 35 of the Code of
Ordinances, said addendum to allow the temporary location and
operation of a concrete batch plant, subject to the following
additional conditions:
1. That the site of the plant be as described in the
addendum to the detailed plan, attached hereto as Exhibit
B.
2. That the applicant or owner, prior to location or
operation of the batch plant, obtain a permit authorizing
same from the City's Building Official, or designate, for
a period not to exceed thirty (30) days from the date
issued.
3. That only three (3) such thirty-day permits may be
issued pursuant to this ordinance, one each for construc-
tion of each of the three phases of the project, as shown
in the detailed plan.
SECTION II. That the provisions of this ordinance as they
apply to the 15.413 acres described by Exhibit A govern and control
over any conflicting provision of Ordinance N~ 69-35 or its amend-
ments and Ordinance NM 95-133, but all the provisions of Ordinance
N~ 69-35 or its amendments as they apply to that remaining portion
of the PD-6 zoning district classification and use designation not
herein amended, shall continue in force and effect and shall apply
to the remainder of said district.
SECTION III. That a copy of this ordinance shall be attached
to Ordinance NM 69-35 and Ordinance N~ 95-133, showing the amendment
herein approved.
SECTION IV. 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 V. That this ordinance shall become effective four-
teen (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, the official news-
paper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this ~ day of~-C~--~'~, 1995.
BOB CASTLEBERRY, ~
ATTEST: ~
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
FIELD NOTES
4141 .fid
BEING Lot 56 in Block A of The Oaks of Township II, an Addition to the City of Denton,
Denton County, Texas, according to the Plat thereof, recorded in Cabinet E, Page 13, Plat
Records, Denton County, Texas, together with Certificate of Correction recorded in Volume
1619, Page 587., and in Volume 1652, Page 130, Real Property Records, Denton County, Texas;
BEGINNING at the Northeast comer of the said Lot 56 in Block A of The Oaks of Township
II, also a point on the South ROW line of Colorado Blvd., (a 70' ROW);
THENCE, S 62' 40' 39" E, along said Colorado Blvd., a distance of 111.90 feet to a 1/2" iron
rod found;
THENCE, along a tangent curve to the right having a central angle of 22' 28' 59", a radius of
1222.79 feet, a chord bearing of S 51' 27' 00" E, and an arc distance of 479.83 feet to a 1/2"
iron rod found;
THENCE, S 40' 11' 40" E, a distance of 160.00 feet to a 1/2" iron rod set;
THENCE, S 28' 53' 02" E, a distance of 152.97 feet to a 1/2" iron rod set;
THENCE, S 49' 48' 21" W, leaving said Colorado Blvd., a distance of 365.86 feet to a 1/2"
iron rod found;
THENCE, along a tangent curve to the right, having a central angle of 12' 49' 01 N, a radius
of 660.00 feet, a chord bearing of S 56' 12' 51" W, and an arc distance of 147.64 feet to a 1/2"
iron rod found;
THENCE, S 62' 37' 20" W, a distance of 764.87 feet to a 1/2" iron rod found;
THENCE, along a tangent curve to the right, having a central angle of 25' 48' 35", a radius
of 986.95 feet, a chord bearing of S 75' 31' 38" W, and an arc distance of ~.~.~..59 feet to a 1/2"
iron rod set;
THENCE, N 01' 34' 05" W, a distance of 130.00 feet to a 1/2" iron rod found;
THENCE, N 01' 18' 07" W, a distance of 60.00 feet to a 1/2" iron rod found;
THENCE, N 02' 23' 04" W, a distance of 149.70 feet to a point for comer;
THENCE, East a distance of 152.66 feet to a 1/2" iron rod found;
THENCE, N 76' 02' 04" E, a distance of 152.77 feet to a 1/2" iron rod found;
THENCE, N 62' 37' 21" E, a distance of 764.32 feet to a point for comer;
THENCE, N 27' 19' 21" E, a distance of 181.46 feet to a 1/2" iron rod found;
THENCE, N 44' 08' 44" W, a distance of 146.11 feet to a point for comer;
THENCE, N 62' 40' 39" W, a distance of 260.00 feet to a 1/2" iron rod found;
THENCE, N 27' 19' 21" E, a distance of 305.00 feet to the PLACE OF BEGINNING and
containing 671,390 square feet or 15.413 acres of land.