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2005-024 FILE REFERENCE FORM 2005-024 FILE(S) Date Initials Amended by Ordinance No. 2006-137 05/16/06 )R ORDINANCE NO. ~0~--- ~d AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR 24.8 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 132 (PD-132) ZONING DISTRICT; THE SUBJECT PROPERTY IS GENERALLY LOCATED ON THE SOUTH SIDE OF POCKRUS PAGE ROAD, ON THE EAST SIDE OF LAKEVIEW BOULEVARD IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0024) WHEREAS, on November 17, 1998, by Ordinance 98-394, the City Council approved a Concept Plan for 427.6 acres of land to Planned Development 132 (PD-132) zordng district; as more particularly described therein; and WHEREAS, on April 14, 2004, Holigan Land Development, Ltd. Applied to provide a Detailed Plan for 24.81 acres of land located within PD-132 and more particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property"), said Detailed Plan being on file in the offices of the City's Planning Department, a copy of which is attached hereto and made a part hereof as Exhibit "B" (the "Detailed Plan"); and WHEREAS, on December 15, 2004, the Planning and Zoning Commission reconnnended approval of the Detailed Plan; and WHEREAS, the City Council finds that the Detailed Plan is consistent with the approved Concept Plan for PD-132; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. Ordinance No. 98-394 providing for the approval of an amended Concept Plan for the Planned Development Zoning District Classification and Use Designation for the property described as PD-132 is amended by approving the Detailed Plan for the Property with the following conditions. 1. Perimeter walls will be constructed in accordance with the standards set forth in the Development Code. The developer will be responsible for construction and the Home Owner's Associate will be responsible for maintenance. The developer will also be required to obtain the necessary Right-of-Way Agreements prior to construction of walls located within right-of-way; 2. Landscaping, including street trees, will conform to the standards set forth in the Development Code; 3. Sidewalks will be provided along all public and residential streets. The sidewalks within this development shall conform to the standards set forth within the Development Code. Both four (4) and five (5) foot sidewalks will be provided and shall conform to the sidewalks on Page 1 either side of the development. The change l~om four (4) foot sidewalks to five (5) foot sidewalks shall occur at intersections and/or driveways. 4. Signs will conform to the standards set forth within the Development Code. The developer will also be required to obtain the necessary Right-of-Way Agreements prior to wall construction of signs located within right-of-way. 5. The developer shall permanently close the temporary access at Pockrus Page and Indian Paint Way with the first phase of development. SECTION 2. The provisions of this ordinance as they apply to the Property, shall govern and control over any conflicting provisions of Ordinance No. 98-394, but all the provisions of Ordinance No. 98-394, as they apply to that remaining portion of the district not herein amended, shall continue in fome and effect and shall apply to the remainder of said district. SECTION 3. The City's official zoning map is amended to show the approval of the detailed plan. SECTION 4. 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 5. 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 /~7~ day of ~4~b~ ,2005. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBER~RNEY Page 2 Exhibit A EXH~IT "A" METES AND ]~OUNDS DESCRIPTIQN, s~.s'47~, e ~ ~f lO7.74 feat :t~ a'1/2' G'aLrod with ~ ~14~ 1~;~ ~ ' 1HB4~- SouthwesterlY. de~m. thg the wMt' line- of ,tala lt-1£ PflESE:RW: AT PE~...Nq ClGGC. SK_.~"~0N ~. PHASE: 1,.and cdon~ the northly rlght-~f.-.way Ihe ot.a~l'd Lcikevfew Boulevard and aaM ~lroulcr curve ~o the felt. through :a aentJ, al anflta oF 00'4.7'42', an ara 'dhtanea :of 17g.60 fa,t :and hcMng a .cha~l that barns 537'06'SS"W, a dbtam~ c~ 17~28-bet to a 1'/~' ltnn ~1 With a p~a ~p ~ ~ .NET* .~..o3'W, (bpc~ ng ~m, ,arthw, et~y tint-,f--way line of Kid Lalmvhw B_(~.e,~. c~d deporting tbe.pre~do~'non.tangent a.~, o dlata~e of ~83~.~.feet to a 1,/2' Er(m rod wf~h o phsmtlO.Cqp met in the Wrest line Of ~ ~413;512 agra ~.-~, and the *Get ITne of a C~lted !15.00 oa'e troot Of 'land aa dem:dbmd In number PiR. D.G,T4 '