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1992-150ALLO0324 NOTE: AMENDED BY ORDINANCE 94-029 A COPY OF WHICH IS ATTACHED. NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE AP- PROVAL OF AN AMENDED DETAILED PLAN FOR 15.271 ACRES OF THE 16.6 ACRES OF LAND WITHIN THE PLANNED DEVELOPMENT DISTRICT ESTABLISHED BY ORDINANCE NO. 87-054 (PD-65); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 87-054, the city Council approved a planned development district and detailed plan for 16.6 acres of land located on the west side of F.M. 2181, approximately 1,000 feet south of the intersection of F.M. 2181 and Lillian Miller Parkway, as more particularly described therein (presently known as Bentoaks subdivision); and WHEREAS, the owner has applied for approval of a revised de- tailed plan for 15.271 acres of the planned development district to provide for changing the primary land use designation within the existing subdivision from duplex/zero-lot-line to single-family residential designation; and, WHEREAS, the Planning and Zoning Commission recommended ap- proval of the amended detailed plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That in accordance with article IV of Chapter 35 of the Code of Ordinances, the amended detailed plan shown in Ex- hibit "B", attached hereto and incorporated by reference is ap- proved for the 15.271 acres of land located in PD-65, said land being described in Exhibit "A", attached hereto and incorporated by reference, so that hereafter the property shall be constructed, used, and maintained in accordance with the detailed plan herein approved. SECTION II. That a copy of this ordinance shall be attached to Ordinance No. 87-054, showing the amendment herein made. SECTION III. 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 IV. 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. BOB CASTLEBERRY, MA~ ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPRO~D AS T~ LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY Page 2 EXHIBIT A F ~ BLD NO~E B Ail that certain 15.271 acre tract of land situated in the C. Poullalier Survey, Abstract Number 1006, in the city of Denton, Denton County, Texas~ said tract being all of Lots 2A-36B, Block One, and all of Lots 38A-51B, Block Two, Bentoaks, an addition to the City of Denton according to the plat or map recorded in Cabinet D, Slide 276, Plat Records, Denton County, Texas~ said 15.271 acre tract being more particularly described as follows: Beginning at the most southerly southeast corner of said Lot 4A~ Thence North 89 degrees 30 minutes 38 seconds WeBt a distance of 1198.01 feet to the most southerly southwest corner of said Bentoaks~ Thence North 00 degrees 23 minutes 08 seconds East 247.90 feet to an angle point in the west line of said Bentoaks, Bame being the southeast corner of Southmont Place, as shown by plat recorded in Cabinet C, Slide 212 Plat Records~ Thence North 01 degrees 37 minutes 30 seconds East 328.31 feet to the northwest corner of said Bentoaks~ Thence North 89 degrees 05 minutes 46 seconds East 785.56 feet to the most northerly northeast corner of said Bentoaks~ Thence South 00 degrees 57 minutes 02 seconds West 86.68 feet to an inner ell corner of said Bentoaks~ Thence North 89 degrees 05 minutes 22 seconds East 383.64 feet to the most northerly northeast corner of Lot 34B~ Thence South 02 degrees 08 minutes 30 seconds East 518.49 feet to the Point of Beginning, containing 15.271 acres of land. Ir:, r, ~ . - .... ........ FN 2J 8J J:\wpdocs\ord\bentoaks.o AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DETAILED PLAN FOR PLANNED DEVELOPMENT (PD) NO. 65 BY CHANGING THE USE OF LOTS 7 AND 8A IN THE BENT OAKS SUBDIVISION FROM "GREEN SPACE" to "SINGLE FAMILY DETACHED," SUCH SUBDIVISION BEING LOCATED SOUTH AND EAST OF SAM HOUSTON ELEMENTARY SCHOOL, AND FRONTING ON FM 2181; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Pin Oak Associates, Inc. has applied for an amendment to Planned Development (PD) No. 65, as set forth in Ordinance No. 92-150, by adopting a new detailed plan changing the use for Lots 7 and 8A from "Green Space" to "Single Family Detached"; and WHEREAS, on February 9, 1994 the Planning and Zoning Commis- sion, after a public hearing, recommended approval of the requested changes; and WHEREAS, the city Council finds that the proposed amendments will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ~ That Ordinance No. 92-150 (PD No. 65), providing approval of a planned development zoning district classification and use designation for 15.271 acres of land, is hereby amended by adopting the detailed plan, attached hereto and made a part hereof for all purposes, changing the use for Lots 7 and 8A of the Bent Oaks Subdivision from "Green Space" to "single Family Detached." ~ That the provisions of this ordinance as they apply to Lots 7 and 8A of the Bent Oaks Subdivision shall govern and control over any conflicting provision of Ordinance No. 92-150, but all the provisions of Ordinance No. 92-150 as they apply to that remaining portion of the PD zoning district classification and use designation not herein amended, shall continue in force and effect and shall apply to the remainder of said district. S_~ That a copy of this ordinance shall be attached to ordinance No. 92-150, showing the amendment herein approved. ~ 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. ~ 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 pub- lished twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED~D APPROVED this the /~ day of 1994. BOB CASTLEBE~Y, ~YO~ ATTEST: JENNIFER WALTERS, CITY SECRETLY APP D AS TO LEGAL FO~: DEB~ A. D~YOVITCH, CITY ATTO~EY PAGE 2