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1999-071 ORDINANCE NO ~}~. "l~q/ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 86-81 TO PROVIDE FOR THE APPROVAL OF AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 111 (PD-111) ZONING DISTRICT LOCATED EAST OF NOWL1N ROAD AND SOUTH OF ROBINSON ROAD, APPROVING A DETAILED PLAN CONTAINING 27 1 ACRES WITHIN THE AMENDED CONCEPT PLAN, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTWE DATE (Z-98-059) WHEREAS, on April 15, 1986, by Ordinance 86-81, the City Councd approved a change ~n zonmg for 131 76 acres of land to Planned Development 111 (PD-111) Zomng Dmtnct, as more partmularly described therem, and WHEREAS, Anc Head, on behalf of Pulte Homes of Texas, LP, has apphed for an amendment to the concept plan for Planned Development 111 (PD-111) contmmng 131 76 acres and approval ora detmled plan contmnmg 27 1 acres of land thereto, and WHEREAS, on January 13, 1999, the Planmng and Zoning Commmsxon recommended approval of the amendment to the concept plan and approval of the detmled plan, and WHEREAS, the Cxty Council finds that the new concept plan and detmled plan are xn comphance wxth the 1988 Denton Development Plan and the 1998 Denton Plan Pohcxes and the Growth Management Strategxes Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Ordinance 86-81, prowd~ng approval for the rezomng of 131 76 acres to Planned Development 111 (PD-111) zomng d~stnct and the adoption of the original concept plan for smd dlstnct, ~s amended by the approval of a new Concept Plan attached hereto as Exhxblt "B" and ~nco¢orated hereto by reference, and more pamcularly described ~n the Exhibit "A", whmh ~s attached hereto and incorporated herem by reference SECTION II That the Detsaled Plan attached hereto and ~ncorporated hereto by reference as Extub~t "E" for 27 1 acres located w~thm PD-111, and more pamcularly described xn Exhibit "D", whmh ~s attached hereto and incorporated hereto by reference, ~s hereby approved SECTION IH That the prowmons of th~s ordxnance, mcludang Exhibit "C", attached hereto and mcorporated here~n by reference, shall govern and control over any conflicting prows~ons of Ordmance 86-81, but all prowsxons of Ordinance 86-81 as they apply to the remmmng port~on of the PD-111 zomng dxstnct land use regulatxons not hereto amended, shall continue m full force and effect SECTION IV That a copy of this ordxnance shall be attached to Ordinance 86-81 showmg the amendment herem approved SECTION V That any person violating any provision of th~s ordinance shall, upon conviction, be fmed a sum not exceeding $2,000 00 Each day that a provision oftlus ordinance IS violated shall constitute a separate and distinct offense SECTION VI That thas ordmance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the captxon of tbas ordinance to be published trace m the Denton Record~Chromcle, a daily newspaper published ~n the C~ty of Denton, Texas, wIthan ten (10) days of the date of its passage PASSED AND APPROVED thxs tha~/~' day of ~ , 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY BY BI APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY PAGE 2 EXHIBIT A AbstFac= No. 800t Denton Cotmty, Texas, and being more described as BEGINNING at an inner corner of said 8arty Merchant $a~d ~in~ bm~n~ ~he no~hwes~ Co~e~ of the A. H. Sa~au Abs~ac~ No, ~198, a po~n~ fo~ saL~ ~E S~'05'W and con~tnutn a ~erCnan: Sure a ~ ong :he dtvtdtn eo Y nd Serren Su~ , g tne between __~heal~ e~er oE ~atd Herchan: ay, 903.88 :o the moat aouther tot co~etl · ~u y, os:rat: No, 190, a point THENCE N85'39'W alon~ the dividtn~ line between :he Be= Net- thane Sudsy and the B.B,B. & C.R.R. Co. Survey and ~satn8 ~e notthve/t CO~er of th ~00/. and conttnutn, a; ~'~:~'~ C:R.R. ~0. SU~er at apptox ~,e netc~nt SU~e.~._~ ~ .... a~ong t~e dividing tlne-he~.. THENCE * , N~ 08 E, 33[9.&L' :o a poinc tn the cancer of a toad, a p~in: lot CO~etl THENCE S86'a~'E, L561.1~' :O a ooLn: for cOrnerl THENCK S3'02'W, ~[65.90' :o a point for cornet; ~ THENCE S85032'E, 366.11' to the p~ace of beginning and conta/n- {ff~ ~3[.76~ acres of ~and. EXHIBIT B PD 111 CONCEPT PLAN (Z-98-059)NORTH ZON ED SF-7(c) S le-Fam~ly CITY OF CORINTH Patm 11 6Ac Golf 38 72 Ac Cluster 45 14 Ac Homes 106Ac 9 Ac TI Hom~ s 67 Ac Date February 16, 1999 Scale. None EXHIBIT C PD 111 Concept Plan Land Uses, Acreage and Density Land Uses Exhibit Acres Units Proposed Number Density Ord 86-81 Cluster Homes* D-2 45 14 17 3 80 du/ac (4,500 s~f lots) S~ngle-famlly- 7 7 D-3 4 9 19 3 90 du/ac (7,700 s,f lots) Patio Homes D-4 11 6 60 5 20 du/ac (3,600 s,f lots) Estate Homes D-5 10 6 15 2 50 du/ac (9,600 s f lots) EXHIBIT D PAGE 1 OF 2 LEGAL DESCRIPTION TRACT '1 AND TRACT 2 COMBINED BEING a tract of land situated ~n the Berry Merchant Survey. Abstract No 800. and In the A H Serren Survey, Abstract No 1198, City of Denton. Denton County. Texas, and being a porbon of that 441 76 acre tract of la~d described in a deed to Tlmberglen Company, and recorded in Denton County Clerk's F~le No 95-R0079950 of the Real Property Records of Denton County, Texas, sa~d tract being more particularly described by metes and bounds as follows COMMENCING at a 1/2 inch iron rod where the westerly line of said 441 76 acre tract intersects the southerly right-of-way line of Robinson Road. THENCE along the westerly line of sa~d 441 76 acre tract the following beanngs and distance S 03° 39' 46" W, 1275 48 feet. S 03° 05' 30" W, 176 33 feet, N 86° 55' 29" W. 690 54 feet, and S 03° 44' 15" W, 719 41 feet to the POINT OF BEGINNING. THENCE S 86~ 47' 52" E. 694 22 feet, THENCE S 02° 54.' 22" W, 1165 90 feet. THENCE S 85° 44' 46" E. 366 28 feet, THENCE S 02° 41' 54" W. 380 27 feet, THENCE S 82° 18' 12" W. 395 06 feet, THENCE N 34~ 16' 08" W, 335 23 feet. THENCE N 10" 31' 58" W. 264 04 feet. THENCE N 06° 42' 10" W, 744 93 feet. THENCE N 47° 20' 40" W. 103 34 feet, THENCE N 30" 57' 24" W, 369 21 feet to the POINT OF BEGINNING and containing 16 44 acres of land. more or less EXHIBIT D PAGE 2 OF 2 LEGAL DESCRIPTION TRACT 4 BEING a tract of land situated in the Berry Merchant Survey, Abstract No 800, and in the A H Serren Survey, Abstract No 1198, City of Denton, Denton County. Texas, and being a portion of that 441 76 acre tract of land described In a deed to Tlmberglen Company, and recorded ~n Denton County Clerk's F;le No 95-R0079950 of the Real Property Records of Denton County, Texas, said tract being more particularly descrlbed by metes and bounds as follows COMMENCING at a 5/8 Inch ;ron rod found In concrete ~n the 25 3531 acre tract of land described ~n deed to MHI Partnership, Ltd, recorded In Denton County Clerk's F~le No 97-R0085486 of the Real Property Records of Denton County, Texas for the southwest corner of Oakmont Dnve (60 foot right-of- way) as dedicated to the City of Connth, Texas and for the southerly most northwest corner of the 52 6023 acre tract of land described In deed to HIIIwood/Oakmont, Ltd, recorded in Denton County Clerk's File No, 95-R0078160 of the Real Property Records of Denton County, Texas. THENCE reawng said Oakmont Drive with the common I;ne of the sa;d 25 3531 acre tract and the 52 6023 acre tract, S 02° 48' 14" W, a distance of 522 79 feet to a 5/8 tach ~ron rod found for southwest comer of the 52 6023 acre tract, THENCE with the south line of the said 53 6023 acre tract, S 86° 04' 32" E, a distance of 27 87 feet to a 1 Inch iron rod found at a fence post for an ell corner of the before mentioned 441 7629 acre tract, THENCE wrih the east line of the said 441 7629 acre tract, S 02° 41' 28" W, a distance of 984 55 feet to a far comer ,n the centertine of the C~ty of Denton Electncal Transmission Line. THENCE wlth the said centerl;ne, S 41 ° 49' 27" W, a distance of 962 21 feet, THENCE N 75° 46' 56" W, 886 47 feet, THENCE N 80° 15' 38" W, 327 15 feet to the POINT OF BEGINNING, THENCE N 80* 15' 38" W, 343 50 feet, THENCE N 81 ° 06' 46" W, 301 82 feet, THENCE N 09° 58' 23" W, 109 67 feet, THENCE N 11 ° 04' 33" E, 95 57 feet. THENCE N 46° 32' 45' E, 102 34 feet, THENCE N 14° 16' 30" E. 214 60 feet, THENCE N 18° 50' 30" E. 286 00 feet, THENCE S 84° 54' 06" E, 487 65 feet, THENCE S 04° 46' 46" W, 815 08 feet to the POINT OF BEGINNING and containing 10 62 acres of land, m;re