2003-362ORDINANCE NO. )0 pZ
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING AND APPROVING A
DETAILED PLAN FOR AN APPROXIMATE 50 ACRE PORTION OF PLANNED
DEVELOPMENT 120 (PD-120) ZONING DISTRICT AND LAND USE CLASSIFICATION TO
INCREASE THE NUMBER OF RESIDENTIAL LOTS AND THE REALIGMENT OF
HERCULES LANE; PROVIDING FOR A SAVING CLAUSE; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0019)
WHEREAS, on September 2, 1986, by Ordinance 86-173 the City Council approved a
change in zoning for 412.1 acres of land to Planned Development 120 (PD-120) zoning district, as
more particularly described therein; and
WHEREAS, on October 6, 1998, by Ordinance 98-324 the City Council approved an
amendment to the Concept Plan of PD-120, as more particularly described therein, and
WHEREAS, on April 4, 2000, by Ordinance 2000-135 the City Council approved an detailed
plan forPD-120, as more particularly described therein, and
WHEREAS, Nicosia & 77 L.P., has applied for an amendment to the detailed plan for a
portion of PD-120 containing approximately 50 acres of land as more particularly described in
Exhibit "A" attached hereto and made a part hereof by reference (the "Property"); and
WHEREAS, on October 8, 2003, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommend approval with conditions of the requested amendment to
the detailed plan, said detailed plan being on file in the offices of the Planning Department of the
City, a copy of which is attached hereto and made a part hereof by reference as Exhibit "B" (the
"Detailed Plan"); and
WHEREAS, the City Council finds that the approval of the Detailed Plan is consistent with
the Comprehensive Plan; 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. The Detailed Plan for the Property in PD-120 is hereby approved, subject to the
following condition:
No structures, fences or pools shall be located within thirty feet (30') of the centerline of the
existing electric transmission line located along the northernproperty line of the subject site.
SECTION 3. The provisions of this ordinance as they apply to the amendments herein
Page 1 of 2
approved, shall govern and control over any conflicting provisions of Ordinance No. 2000-135, but
all the provisions of Ordinance No. 2000-135 as they apply to the regulations of the district not
herein amended, shall continue in force and effect and shall apply to the remainder of said district.
SECTION 4. A copy of this ordinance shall be attached to Ordinance No. 2000-135 showing
the amendment herein approved.
SECTION 5. If any provision of this ordinance or the application thereof to 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 6. 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 7. 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 ofDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the 1 J day of _ 1CeiAzVu , 2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY
BY:
Page 2 of 2
Exhibit A
Metes and Bounds Description
49.857 Acres
Thomas Toby Survey, A- 1288
B. B. B. & C. R.R. survey, A -186
City of Denton, Denton County Texas
BEING a tract of land situated in the Thomas Toby Survey, Abstract No. 1288 and the B.B.B. &
C.R.R. Survey, Abstract No. 186, in the City of Denton, Denton County, Texas, being a portion of a
called 102.900 acre tract described by Special Warranty Deed with Vendor's Lien to Nicosia & 77 L.
P., as recorded in Volume 5144, Page 1032, Deed Records Denton County Texas (DRDCT) and being
more particularly described as follows (bearings referenced to the east right of way for Terlingua Street
as shown by Texas Instruments Addition, as recorded in Cabinet G, Slide 48, Plat Records Denton
County Texas (PRDCT)):
BEGINNING at a point for the intersection of the south line of that 75-foot wide Texas Municipal
Power Agency Easement its described in Volume 1133, Page 859 DRDCT and the west line of that
tract conveyed to Denton 40 Joint Venture as recorded in Volume 2565, Page 72, DRDCT, same being
the northerly northeast comer for the aforesaid 102.900 acre tract;
THENCE South 01041'57" West along said west line, a distance of 56.31 feet to a point in the south
line of said Denton 40 Joint Venture Tract;
THENCE South 89°11'11" East along said south line, a distance of 1405.40 feet to a found 5/8 inch
iron rod found at a fence comer, said point being in the west line of a remainder tract conveyed to Bob
E. Tripp & Donald E. Tripp, Trustees, as recorded in Volume 996, Page 376, DRDCT;
THENCE South 01 °05'52" West along said west line, a distance of 1114.97 feet to a 1/2 inch iron rod
found at the northeast comer of Lot 2, Block A, Sandlin Addition according to the plat thereof
recorded in Cabinet O, Slide 132, PRDCT;
THENCE North 89008'45" West along the north line of said Lot 2, a distance of 1524.81 feet to a 1/2
inch iron rod found at the northwest comer of said Lot 2;
THENCE North 00°48'19" West, u distance of 82.62 feet to a point for the beginning of a
curve;
THENCE along the arc of said curve to the left, having a central angle of 47°04'03", a radius of 400.00
feet, an arc length of 328.61 feet and a chord of North 24020'25" West, 319.45 feet to a point for
comer;
THENCE North 47°52'31" West, a distance of 239.27 feet to a point for the beginning of a curve;
THENCE along the arc of said curve to the right, having a central angle of 15028'04", a radius of
100.00 feet, an arc length of 27.00 feet and a chord of North 40008'29" West, 26.91 feet to a point for
comer;
THENCE North 32°24'27" West, 513.18 feet to a point for center;
THENCE North 00°57'01" East, a distance of 451.82 feet to a point for comer on the south line of the
aforesaid 75-foot wide Texas Municipal Power Agency Easement;
THENCE southerly with said south line as follows
South 62°31'57" East, a distance of 650.07 feet to a point for corner;
South 89025'05" East, a distance of 160.32 feet to the POINT OF BEGINNING and containing
49.857 acres of land.
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