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,
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~ ~14~ 1~;~ ~ '
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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
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