2005-321
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S:\Our Documents\Ordinances\05\Z05-0021 Ordinancc.doc
ORDINANCE NO. :!.O()S'-32/
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PLANNED
DEVELOPMENT 173 (PD-i73), A ZONING CLASSIFICATION AND USE DESIGNATION
ORIGINALLY ESTABLISHED BY ORDINANCE 2000-059, AND CONTAINING
APPROXIMATELY 2,725 ACRES IN TOTAL AREA, COMMONLY KNOWN AS ROBSON
RANCH, BY APPROVING AN AMENDMENT TO THE DETAIL PLAN BY ADDING
APPROXIMATELY 7.54 ACRES FOR A DETENTION POND, THEREBY INCREASING THE
AREA DEFINED BY THE VARIOUS DETAIL PLANS AND AMENDMENTS FROM 1,372.67
ACRES TO 1,380.21 ACRES; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
(Z05-0021)
WHEREAS, by Ordinance 99-265, the City Council approved a change in zoning for
approximately 2,725 acres of land to establish the Planned Development 173 (PD-173) zoning
district classification and use designation, as more particularly described therein; and
WHEREAS, by Ordinances 99-319, 2000-059, 2001-059, 2001-215, 2001-247, 2003-324,
and 2005-301, the City Council approved various detail plans and amendments, thereby defining
allowable land uses for approximately 1,372.67 acres within the PD-173 district, as more particularly
described in those enumerated ordinances, and,
WHEREAS, on September 14, 2005, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommend approval of the requested amendment to add an
additional 7.54 acres to the existing detail plan, to require a detention pond; and
WHEREAS, the City Council finds that the requested detail plan amendment is consistent
with the Comprehensive Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Planned Development 173 zoning district classification and use
designation (PD-173), originally established by Ordinance 2000-059, and subsequently amended by
Ordinances 99-319, 2000-059, 2001-059, 2001-215, 2001-247, 2003-324, and 2005-301, is hereby
amended by the approval and addition of the detail plan amendment attached hereto, and
incorporated herein, as Exhibit "B", adding approximately 7 .54 acres, more particularly described in
Exhibit "A", attached hereto and incorporated herein by reference, thereby increasing the area
defined by detail plan to approximately I ,380.21 acres;
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SECTION 2. That the provisions ofthis ordinance, as they apply to the amendments herein
approved, shall govern and control over any conflicting provisions of Ordinances 99-319,2000-059,
2001-059,2001-215,2001-247,2003-324, and2005-301, but all the provisions of Ordinances 99-
319,2000-059,2001-059,2001-215,2001-247,2003-324, and 2005-301, as they apply to the
S:\Our Documents\Ordinances\05\Z05-0021 Ordinance.doc
regulations 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 Ordinances 99-319, 2000-
059,2001-059,2001-215,2001-247,2003-324, and 2005-301, showing the amendment herein
approved;
SECTION 4. That, if any provision of this ordinance, or the application thereofto any person
or circumstance, is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable;
SECTION 5. That any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00, with each day that a provision of this ordinance
is violated constituting a separate and distinct offense; and
SECTION 6. 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, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the / ~f' day of ff2 mil A/
,2005.
c~k~
EULINEBROCK,MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR ED AS 0 LEGAL FORM:
~:?~CInmORNEY <
Page 2 of2
EXHIBIT - A
ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE M.
SCURLOCK SURVEY, ABSTRACT NUMBER 1141.IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS, AND BEING PART OF THAT TRACT OF LAND
DESCRIBED IN A WARRANTY DEED FROM CAL FARLEY'S BOYS RANCH TO
ROBSON DENTON DEVELOPMENT, L.P. AS RECORDED IN VOLUME 4373, PAGE
216 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE'
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT BEING THE APPARENT SOUTHEAST CORNER OF SAID
M. SCURLOCK SURVEY AND FOR THE MOST SOUTHERLY SOUTHWEST CORNER
OF A TRACT OF LAND DEEDED TO HILLWOOD/McCUTCHIN. LTD, AS RECORDED IN
VOLUME 2470, PAGE 678 OF SAID DEED RECORDS, DENTON COUNTY, TEXAS,
NORTH 00037'19" WEST 1184.34 FEET, PASSING A BOIS 0' ARC FENCE CORNER
POST IN CONCRETE FOR REFERENCE AT 24.50', TO A 1/2 INCH IRON ROD, SAID
POINT BEING THE POINT OF BEGINNING OF THIS LOT;
THENCE WEST 480.03 FEET TO A 1/2 INCH IRON ROD FOR CORNER;
THENCE NORTH 00037'19" WEST 500.38 FEET TO A 1/2 INCH IRON ROD FOR
CORNER;
THENCE WEST 289.01 FEET TO A 1/2 INCH IRON ROD FOR CORNER;
THENCE NORTH 72023'56" WEST 198.04 FEET TO A 1/2 INCH IRON ROD FOR
CORNER, SAID ROD BEING IN THE SOUTHERN LINE OF ROBSON RANCH 2, PHASE
2, AS RECORDED IN CABINET U, PAGE 424, OF THE PLAT RECORDS OF DENTON
COUNTY. TEXAS,
THENCE FOLLOWING THE SOUTHERN LINE OF SAID ROBSON RANCH 2. PHASE 2,
NORTH 63030'01" EAST 89.90 FEET TO A 1/2 INCH IRON ROD FOR CORNER, SAID
ROD BEING THE NORTHEAST CORNER OF LOT 33-X, BLOCK F, OF SAID ROBSON
RANCH 2, PHASE 2;
THENCE EAST FOLLOWING THE SOUTHERN LINE OF SAID ROBSON RANCH 2.
PHASE 2. EAST. PASSING A POINT AT 456.63 FEET, SAID POINT BEING THE
SOUTHEAST CORNER OF LOT 22 OF SAID ROBSON RANCH 2, PHASE 2. AND THE
SOUTHWEST CORNER OF LOT 21 OF ROBSON RANCH 2, PHASE 1, AS RECORDED
IN CABINET 2, PAGE 227. OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS,
AND CONTINUING FOR A TOTAL DISTANCE OF 876.27 FEET TO A 1/2" IRON ROD
FOR CORNER, SAID ROD BEING THE SOUTHEAST CORNER OF OF SAID ROBSON
RANCH 2, PHASE 1, AND THE NORTHEAST CORNER OF THIS LOT;
THENCE SOUTH 00'37'19" EAST 600.37 FEET ALONG THE EAST PROPERTY LINE
OF SAID TRACT CONVEYED TO ROBSON DENTON DEVELOPMENT, L.P.. TO THE
PLACE OF BEGINNING AND CONTAINING 7.54 ACRES OF LAND. MORE OR LESS;
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