HomeMy WebLinkAbout1981-050NOTE Amended by Ordinance No 2001-201
NO
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS,
AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF
THE CITY OF DENTON, TEXAS, BY ORDINANCE NO 69-1, AND AS SAID MAP
APPLIES TO APPROXIMATELY 43 561 ACRES OF LAND, MORE OR LESS, OUT
OF THE THOMAS LABOR SURVEY, ABSTRACT NO 779, AND N BRITTON
SURVEY, ABSTRACT NO 51, IN THE CITY OF DENTON, AND MORE
PARTICULARLY DESCRIBED HEREIN, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I
The Zoning Classification and Use designation of the following
described property, to -wit
All that certain 43 561 acre tract, or parcel of land situated in
the Thomas Labor Survey, Abstract No 779 and the N Britton
Survey, Abstract No 51, Denton County, Texas, being part of that
66 170 acre tract conveyed by W J Lamberth to Ross Forney by
deed recorded in Volume 661, Page 507 of the Denton County Deed
Records, this tract being more particularly described by metes and
bounds from a survey actually made on the ground under the
direction of Dewey Fields, Registered Public Surveyor No 1S69 as
follows
BEGINNING at a point for the southwest corner of this tract in the
west line of the Forney tract, said point lying north 070 22'
west 600 feet from the southwest corner of the Forney tract,
THENCE north 020 22' west 717 3 feet with the west line of the
Forney tract to an iron pin found at a corner fence post for a
salient west corner of this tract,
THENCE north 890 O1' east 627 5 feet to a point for a west
re-entrant corner,
THENCE north 000 06' east 484 6 feet to a point for a northwest
corner,
THENCE south 890 54' east 10 0 feet to a point for a point of
curvature in the west line of a proposed QO foot roadway,
THENCE with a right breaking
proposed roadway having the
angle 480 50' O1", radius of
feet, arc length of 366 9 feet
east 355 9 feet to a point for
said proposed roadway,
curve in the west line of said
following characteristics -central
430 49 feet, tangent of 195 43
and a chord bearing north 240 31'
a point of reverse curvature in
THENCE with a left breaking curve in said proposed roadway which
is partially existing and known locally as Montecito Drive having
the following characteristics- central angle 500 29' 49", radius
of 445 0 feet, tangent of 209 86 feet, arc length of 392 2 feet
and a chord bearing north 250 11' 10" east 379 7 feet to a point
for a point of tangency of said curve,
THENCE north 000 04' west 108 7 feet to a point in the south
line of Ryan Road for the northwest corner of this tract,
THENCE north 890 56, east 580 0 feet with the south line of Ryan
Road for the northeast corner of this tract,
Z-1489- BOB FRIESEN-PAGE ONE
THENCE south 000 06' west 1100 0 feet to a point for eastern
southeast corner,
THENCE south 890 01' west 165 0 feet to a point for east
re-entrant corner,
THENCE south 020 11' 20" west 849 7 feet to a point for the
southern southeast corner of this tract,
THENCE south 880 22' west 1299 0 feet to the place of beginning,
is hereby changed from Planned Development District Classification
Use to Planned Development "PD-22" District Classification and Use
under the Comprehensive Zoning Ordinance of the City of Denton,
Texas subject to the following conditions and restrictions, to -wit
1 Site plan approval is not granted to any tvpe of
multi -family development that does not exclusively
serve elderly persons or which is designed for owner
occupancy,
2 The neighborhood service retail uses in the
medical/dining facility shall strictly adhere to all
provisions in the zoning ordinance relating to
neighborhood service uses,
3 Montecito Drive shall be extended to the entrance on
the south side of "Forest Ridge" concurrent with
development of any additional cluster or cottage
units or 1B or 1C of Crystal Lake Manor, and
Montecito Drive to entrance on south side of "Forest
Ridge" shall be under construction prior to occupancy
of lA of Crystal Lake Manor,
4 Parking is permitted as shown on the attached site
plan, however additional parking shall be required if
the amount on the site plan proves to be inadequate,
5 A 90 foot wide right of way shall be dedicated by the
developers to provide for the extension of Montecito
Drive Variations in the specific alignment of
Montecito shall be permitted,
6 The 12 inch water line in Montecito shall be extended
concurrent with extension of Montecito Drive,
7 Extension of on -site utilities shall be sufficient to
serve all structures and allow easy access for future
development,
8 The developers shall provide residential width
pavement on Montecito Road (34 feet) The city will
participate in any overwidth paving,
9 Appropriate prorata payment for access to lift
station at Denton West Mobile Home Park shall be made
prior to any additional construction,
10 Concurrent with construction of the medical center/
dining facility, Montecito Drive and 12 inch water
line shall be extended to south property line,
11 Concurrent with construction of cottage units south
of Crystal Lake Manor, Montecito Drive and 12 inch
water line shall be extended to south propertv line,
Z-1489- BOB FRIESEN-PAGE TWO
12 Lump sum payment in lieu of extension of Montecito
Drive may be considered and accepted by the City
Council,
13 No increase in density shall be permitted without
amending this ordinance,
14 Minor variations in the placement of buildings shall
be permitted,
15 A minimum setback from Montecito Drive right of way
of 25 feet shall be required
All as shown on the site plan attached hereto and made a
part hereof
The Zoning Map of the City of Denton,
day of January, 1969, as an Appendix to th
the City of Denton, Texas under Ordinance
same is hereby amended to show such
Classification and Use
SECTION II
Texas, adopted the 14th
e Code of Ordinances of
No 69-1, be, and the
change in District
That the City Council of the City of
finds that such change is in accordance with
for the purpose of promoting the general we
Denton, Texas, and with reasonable consid
things for the character of the district
suitability or particular uses, and with a v
value of the buildings, protecting human 1
the most appropriate uses of land for the m
City of Denton, Texas, and its citizens
SECTION III
Denton, Texas hereby
a comprehensive plan
lfare of the City of
:ration, among other
ind for its peculiar
Lew to conserving the
ves, and encouraging
Aimum benefit to the
That this ordinance shall be in full
immediately after its passage and approval,
hearings having heretofore been held by the
Commission and the City Council of the City
after giving due notice thereof
PASSED AND APPROVED this the
ATTEST
W,POKS HOLT, CITY SE REM Y
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS
BY ,
7
force and effect
the required public
Planning and Zoning
of Denton, Texas,
L
Z-1489- BOB FRIESEN-PAGE THREE
ORDINANCE NO IlO - O I
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 81-
50, TO PROVIDE FOR A DETAILED PLAN FOR 3 4 ACRES LOCATED WITHIN THE
PLANNED DEVELOPMENT 22 (PD-22) ZONING DISTRICT AND LAND USE
CLASSIFICATION TO PROVIDE FOR A SENIOR CITIZEN DUPLEX DEVELOPMENT,
THE SUBJECT PROPERTY BEING LOCATED AT THE SOUTHWEST CORNER OF
RYAN ROAD AND MONTECITO ROAD IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS, PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND
PROVIDING FOR AN EFFECTIVE DATE (Z-01-0001)
WHEREAS, on May 5, 1981 by Ordinance 81-50, the City Council approved a Concept
Plan for 157 acres located in the Planned Development 22 (PD-22) Zoning District and Land Use
Classification, as more particularly described therein, and
WHEREAS, on October 12, 2000, The Evangelical Lutheran Good Samaritan Society
submitted a Detailed Plan for 3 4 acres located within the Planned Development 22 (PD-22)
Zoning District with the intent to develop a senior citizen duplex development, and
WHEREAS, on April 25, 2001, the Planning and Zoning Commission recommended
approval of a Detailed for such 3 4 acres, and
WHEREAS, the City Council finds that the Detailed Plan is consistent with the approved
Concept Plan for PD-22, that there is a shortage of senior citizen housing in Denton, and the
Detailed Plan is consistent with the 1999-2020 Denton Comprehensive Plan ("The Denton
Plan"), NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 Ordinance 81-50 providing for the approval of a Concept Plan for the
Planned Development-22 (PD-22) Zoning District Classification and Use Designation is hereby
amended by approving the Detailed Plan attached hereto and incorporated herein by reference as
Exhibit B for 3 4 acres located within PD-22, more particularly described by the legal description
attached hereto and incorporated herein by reference as Exhibit A, subject to the following
condition
The duplex development authorized by this ordinance shall exclusively serve senior
citizens, age 62 or older
SECTION 2 The provisions of this ordinance as they apply to the 3 4 acres shown in the
Detailed Plan shall govern and control over any conflicting provisions of Ordinance No 81-50,
but all the provisions of Ordinance No 81-50 not in conflict with this ordinance or to the extent
they apply to that remaining portion of the district not herein amended, shall continue in force
and effect and shall apply to the remainder of said district
SECTION 3 A copy of this ordinance shall be attached to Ordinance No 81-50 showing
the amendment herein approved
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 If any section, subsection, paragraph, sentence, clause, phrase, or word to
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent Jurisdiction, such holding shall not affect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any invalidity
SECTION 6 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, official newspaper of the City of Denton,
Texas, withm ten (10) days of the date of its passage
PASSED AND APPROVED this the /5 day of ( 12001
t��
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY,
L.",
GNt 1 s) lz •►•1
PAGE
04/00/2001 10 12 0700604367 COVELLY ABBOTT
04,27/01 10 2e FAX e4068761`64 Landward Sur es
EXHIBIT A
PAGE 03
1402
FIELD NOTES
3 420 ACRES
BEING all that certain lot, tract or parcel of land saluated in ilic TWO Labur Sur%vu
Abstract Number 779 and the Nathitai d Bnttoo Suney, Abstract Nun 51 m the City
and Couuty of Demon, Texas, being a part of Lot I Block A, Lake F t Good
Satwnten Village, an addition to the City of Denton, Denton Countv, exes, according to
the plat thereof recorded in Cabinet F, Page 36 Phd Records, Demon umy, Texas, and
being more particularly deacnlxd as follows
BEGINNING at an iron rod found for corner in the south hoe of Rya4Road, a pubhc
roadway having a right-of-way of 75 0 feet, said point being the north st comer of said
Lot 1 of said Addition
THENCE N 89.54 12 E, 317 80 feet with sa-d south line of said Ry� Road to a pout
for corner in the west line of Motnecito Dntx a public roadway havin a tight-ofoAay of
90 0 feet
THENCE S 00"04 W W 108 44 feet wish said iLvA line of said to a poutt for
coma. I
fRENCE along the are of a curve to the right mvmg a central angle 49`00'00' a
radius of 445 00 Net, anarc length of 380 57 feet, whose chord hears 24.34 01' W,
369 06 feet with said west brie of said Drive to a point for corner
THENCE S 49*OWOO' W 11 80 fiat with Sind west laic of said Drive �tO a point for
Lorna I
THENCE along the arc o1 a cui ve to the left having a antral angle of 8042'55" a
radius of 430 50 feet, an arc length of 366 03 fen, whose chord bears 24`21'50" W
355 10 feet wah said nest line of said Dritc to a point for cotter
1 HENCE S 000041SO" W, 434 60 feet with said west line of sari Driv to a point for
corner
THENCE along the arc of a curve to the right haying a central angle o 34"O5 19" a
radius of 57 68 feet, as ate kngth of 34 32 feet w3iose chord bears S 7°07'30" W
33 81 The with said west The of said Drive to a potm for cornet
THENCE N 00'04'50" E, pass at 0 66 feet an son rod fotntd for eo in the west laic
o1 said fat 1 of said Addition, continuing with said Neat !me of said A ion a total
distance of 126170 feet to the PLACE OF BEGINNING end coma 3 420 acres of
land
EXHIBIT B
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