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Home My WebLink About1998-243Z98-033 ORDINANCE NO � 0_73 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, RESCINDING ORDINANCE 82-20 CREATING PLANNED DEVELOPMENT 37 (PD 37) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, AND PROVIDING FOR A CHANGE FROM SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, TO ESTABLISH PLANNED DEVELOPMENT 167 (PD 167) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, CONTAINING 2 112 ACRES LOCATED ON THE SOUTH SIDE OF EAGLE DRIVE, THE WEST SIDE OF KENDOLPH DRIVE, THE NORTH SIDE OF WILSHIRE STREET, AND THE NORTH SIDE OF THE SOON TO BE REALIGNED AVENUE D, PROVIDING FOR THE APPROVAL OF A DETAILED PLAN AND LANDSCAPE PLAN FOR SAID DISTRICT, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Bill Ward, on behalf of the five (5) property owners, University of North Texas, Jose Toledo, the Gore Family Realty, ltd , the Nortmle Family Partners and the MIRAI Corporation, has applied for a change in zoning for 2 112 acres of land from Planned Development 37 (PD-37) zoning district classification and use designation and Single Family 7 (SF-7) zoning district classification and use designation to Planned Development 167 (PD 167) zoning district classification and use designation, and the approval of a detailed plan and landscape plan for 2 112 acres located therein, and WHEREAS, on July 22, 1998, the Planning and Zoning Commission recommended approval of the requested change in zoning, and WHEREAS, on July 22, 1998, the Planning and Zoning Commission recommended rescinding planned development 37 (PD-37) and approval of the detailed plan and landscape plan with the condition that on -site visitor parking spaces be included, and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Ordinance 82-20, which created Planned Development 37 (PD 37), is hereby rescinded SECTION II That a copy of this ordinance shall be attached to Ordinance 82-20, showing that it has been rescinded SACTION III That the zoning district classification and use designation of the 2 112 acre property described in the legal description attached hereto and incorporated herein as Exhibit A, is changed ftom Planned Development 37 (PD-37) zoning district clasification and use designation and Single Family 7 (SF-7) zoning district classification and use designation to Planned Development 167 (PD 167) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas by approving the detailed plan which is attached hereto as Exhibit `B" and incorporated herein and subject to the following condition 1 That as part of the platting process for PD-167 that a crosswalk be included at the intersection of Kendolph and Eagle Drive SECTION IV That a landscape plan attached as Exhibit "C" and incorporated herein, for the 2 112 acres comprising Planned Development 167 (PD 167) zoning district described by Exhibit A, is hereby approved SECTION V That the City's official zoning map is amended to show the change in zoning district classification SECTION V That 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 IV 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 e day of 1998 JAC LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY / '117 - 21a,-10-1 -7 F El - APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 77� F \sharedWeptWbOur Documents\Orden cas\98\Z 98 033 Ordmance doc PAGE 2 EXHIBIT A PROPERTY DESCRIPTION 2 112 acre tract of land situated in the E Puchalski Survey, Abstract No 996 Denton County, Texas and being a portion of Lot 1, and all of Lots 2-4, Block A J S Williams Addition to the City of Denton according to the plat recorded in Volume 343, Page 436, Plat Records, Denton County, Texas, said 2112 acre tract being a portion of o certain tract of land described by deed to J Rafoel Toledo and recorded in Volume 1130, page 967, Deed Records, Denton County, Texas, being all of two certain tracts of land described by deeds to Jose Rafoel Toledo and recorded in Volume 1135 Page 76, sold deed records and to Harold R Gore and Betty G Gore and recorded in Instrument No 97-60223, being a portion of three certain tracts of land as described by deeds to the State of Texas for the use and benefit of North Texas State University and recorded in Volume 909, Pogo 867 Volume 1841, Page 890 and Volume 906, Page 177, Deed Records Denton County, Texas, being a portion of Avenue D and sold 2112 acre tract of land being more particularly described by metes and bounds as follows: Beginning at a 5/8" iron pin set in the west right—of—way line of Kendolph Drive and sold point bears South 03'07'58" East, a distance of 1500 feet from the northeast corner of said Lot 1 Block A and sold northeast corner being In the south right—of—way line of Eagle Drive, Thence South 03'07'58" East, along said west right—of—way line of Kendolph Drive, a distance of 310 36 feet to a 3/8" iron pin found at the southeast corner of sold Lot 4, Block A and said point also being in the north right—of—way line of Wilshire Lane, Thence South 86 29'54" West, along sold north right—of—way line of Wilshire Lone end along the south property line of sold Lot 4, a distance of 133 25 feet to a 3/8" iron pin found at the southwest corner of sold Lot 4, said iron pin also being the southeast corner of a certain tract of land described by deed to Gore Family Partners, LTD and recorded in Instrument No 93-36700, said deed records, Thence North 03'07'58" West, leaving sold north right—of—woy line and along common Imes of said Lot 4 and sold Gore tracts, a distance of 10483 feet 1/2" iron pin found at the northeast corner of said Core tract, Thence South 87'0137" West, 0 distance of 185 42 feet to a 5/8" iron pin set in the proposed new easterly right—of—way line of Avenue 0 (80' public right—of—woy) and said point being in a curve to the left whose radius is 34000 feet and long chord bears North 46'32'15" West, 15557 feet, Thence along said easterly right—of—way line and along said curve in a northwesterly direction through a central angle of 26'26'59", an arc length of 156 96 feet to a 5/8" iron pin set, Thence North 59'45'44" West, continuing along said easterly right—of—way line. a distance of 3489 feet to d 5/8" Iron pin set at the Intersection of said easterly rlghl—of—way line Avenue D and proposed new southerly right—of—way line of Eagle Drive and said point also being in o curve to the right whose radius is 200 00 feet and long chord bears North 63 30'49" East, 156 75 feet Thence along sold southerly right—of—way line and along said curve in a northeasterly direction through a central angle of 46'08'37", an arc length of 161 07 feet to a P—K nail set, Thence North 86'35'11" East, a distance of 755 feet to a P—K nail sat, Thence North 03 71'12" west, a distance of 1000 feet to o P—K nail set, Thence North 8635'11" East, 1500 feet parallel with the south right—of—way line of Eagle Drive, a distance of 30328 feet to the Point of Beginning and containing 92 333 square feet or 2112 acres of land DATE JULY 6, 1998 SCALE' 1' 0 100' 0=46'08'37" C R=200.00 L=161.07 L.0 cIN6 0'49"E 156.7 L.0 16N461215"W DATE JULY 6. 1998 EXHIBIT A EAGLE DRIVE 15' POINT OF BEGINNING O/s' IRON PIN SET P-KINML SET ppI09� I MYMWIA IW M> �evo $/e• IRON 92,333 F 2 112 ACRE PIN SET W qW M1.INN 165 42' PIN FOUND 6/S IRON -� W .NM". A .•�•"" PIN SET S 87.01 37 rj p.R.err�\M A � IPw.NW�1MgM E0I"i'M r 133 25' d . N• "�„ i S 86'29 54 WILSHIRE LANE IRON PIN FOUND oil EXHIBIT 111�II�' 9 RI:I:IIII1 I � i NIM9 .d a'131 G W W PJ WYOJ VIIW 1 1 W I, Ih 1 IWWI W I��!lfii I'I �pgt i 9W9 a d ! i 6+ if if al W k i LA