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Home My WebLink About2001-148NOTE. Amended by Ordinance No. 2001-301. ORDINANCE NO 0 PPl - �� AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A ZONING PLAN FOR APPROXIMATELY 24 ACRES LOCATED WITHIN A SINGLE FAMILY (SF-7) ZONING DISTRICT, TO CHANGE TO A PLANNED DEVELOPMENT (PD) DISTRICT TO ALLOW FOR MULTI -FAMILY USES, THE SUBJECT PROPERTY BEING LOCATED BETWEEN UNIVERSITY DRIVE AND MINGO ROAD, APPROXIMATELY 500' EAST OF RUDDELL STREET, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (ZP-01-0001) WHEREAS, on February 1, 2000, the City Council adopted Ordinance No 2000-046 which established certain residential interim regulations (the "Residential Interim Regulations"), WHEREAS, the Residential Interim Regulations established, among other things, a Zoning Plan requirement in the event of a request to rezone property, and WHEREAS, on January 22, 2001, SENT Corporation, on behalf of Southwest Housing Development, applied for a change in zoning for 22 7 acres of land located between University Drive and Mingo Road, approximately 500' east of Ruddell Drive, from a Single Family (SF-7) zoning district classification and land use designation to Planned Development (PD) zoning district classification and land use designation with the intent to develop a senior housing mult- family complex with a community center which application includes a Zoning Plan, a copy of which is attached hereto as Exhibit "B" (the Zoning Plan"), and WHEREAS, on March 14, 2001, the Planning and Zoning Commission recommended approval of the requested change in zoning and the Zoning Plan, and WHEREAS, the City Council finds that the Zoning Plan, with the conditions imposed herein, meets the requirements of the Residential Interim Regulations and is consistent with the approved 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zoning district classification and land use designation of the approximately 24 acres property described in the legal description attached hereto and incorporated herein as Exhibit A (the "Property") is changed from Single Family (SF-7) zoning district classification and land use designation to Planned Development (PD) zoning district classification and land use designation under the comprehensive zoning ordinance of the City of Denton, Texas to allow a senior housing complex with a community center in accordance with the Zoning Plan The Zoning Plan and said change in zoning are hereby approved, subject to the following, conditions 1 All lighting from the development will not be allowed to reflect upward into the night sky S \Our Documents\0rdinances\01\ZP 01 0001 doc A community center, not to exceed 6,000 square feet, is added to the allowed uses A solid screening fence of wood panels with metal posts shall be added to the entire western property line The monument signs shall be placed a minimum of 10' from respective property lines Parking for the park site shall be internal to the park and no parking for the park site shall be allowed on or adjacent to the cul de sacs in the adjacent single family residential subdivision The existing fence along the east side of the Property shall either remain or be replaced by a fence that is equivalent to or better than the existing fence Park development and access to the park from the east will be coordinated with residents of the single family subdivision adjacent to the Property SECTION 2 The City's official zoning map is amended to show the change in zoning district classification SECTION 3 If any provisions 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 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, official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the 2 (,l. day of 2001 EULINE BROCK, MAYOR ATTEST JENNIF R WALTERS, CITY SECRETARY BY PAGE APPROVED AS TO LEGAL FORM HERBERT L TYATTORNEY BY PAGE Exhibit A Legal Description FIELD NOTES to all that certain tract of land situated in the J D Lilly Survey Abstract Number 762, City of Denton, Denton County, Texas and being a part of the called 29 167 acre tract described in the deed from Dan Trammell to Mobility Systems, Inc recorded in Volume 2650, Page 956 of the Real Property Records of Denton County, Texas, the subject tract being more particularly described as follows BEGINNING for the Northwest corner of the tract being described herein at a 1/2 inch iron rod found at the Northwest corner of the said 29 167 acre tract on the South nght-of- way of U S Highway 380 (University Dr), THENCE North 70 Degrees 58 Minutes 34 Seconds East with the South right-of-way of U S Highway 380 and the North line of the 29 167 acre tract a distance of 259 91 feet to the West right-of-way of a proposed public street from which a 1/2 inch iron rod found at a salient corner of the 29 167 acre tract bears North 70 Degrees 58 Minutes 34 Seconds East a distance of 68 00 feet, THENCE Southerly across the 29 167 acre tract the following 6 calls 1 South 19 Degrees 01 Minutes 26 Seconds East with the West nght-of-way of the said proposed street a distance of 134 21 feet, 2 with the South nght-of-way of the said street along the arc of a curve to the left having a radius of 60 00 feet, an arc length of 167 57 feet (chord beanng South 43 Degrees 33 Minutes 03 Seconds East a distance of 118 18 feet), 3 South 19 Degrees 02 Minutes 05 Seconds East a distance of 36 02 feet, 4 South 88 Degrees 50 Minutes 25 Seconds East a distance of 46 30 feet, 5 South 01 Degrees 17 Minutes 02 Seconds West a distance of 742 60 feet, 6 South 88 Degrees 42 Minutes 58 Seconds East a distance of 200 00 feet to the East line of the 29 167 acre tract, THENCE South 01 Degrees 17 Minutes 02 Seconds West along a wire fence with the East Ime of the 29 167 acre tract a distance of 787 97 feet to the Southeast comer thereof on the North side of Mingo Road, THENCE South 52 Degrees 22 Minutes 48 Seconds West generally along a fence with the South line of the 29 167 acre tract a distance of 789 70 feet to a 5/8 inch iron rod found at the Southwest corner thereof, THENCE North 00 Degrees 29 Minutes 24 Seconds East with the West line of the 29 167 acre tract a distance of 1,128 98 feet to a 1/2 inch iron rod found at an angle point in the West line thereof, THENCE North 01 Degrees 09 Minutes 35 Seconds East with the West line of the 29 1673 acre tract a distance of 1,050 78 feet to the PLACE OF BEGINING and enclosing 23 577 acres of land S \Our Documenta\Ordmances\01\1egal dl ZP-01.0001 doe o°j 'asxay �180 v SAO Bins �Y/ A di 1 a EXHIBIT B s¢II/p mQIAB I i I i I A I I ¢no isrjess-3 iw jo1Wlsiumay'cO nzcL LiNBS\ Z aba ',axay Maoµ a iio6ani ns A.A.✓1gg� MN 4-1. ,• �� ,w_ .tea\ 1 1 �j 8i!► I�{¢ if #!��f�ta d `r 1a `fa ]il�iegs� ,s It Ifilt it 'd Ii'd jil AB #e�dl y ,• a a edid�lfdl it{l,t 4a 11 'A11 ! I f�tef 'If if } awaz eixnoaaou�ao xouaa.ouq a � 4 auasun,aaxln o as xapap M0lMnlg @ 1111111101CIS11:311 �101111131SIMIC111 01010101001011 �181111116111111a1NN1191111 ®10�1011011111C1MINI ■1011011111111110111�1111 Ot1011EII1E1111111111E1111 ot1�1191111111111�11191111 ■IGIIG11191111110111�1111 ot111111110111111111101111 011�110111�1111119111�1111 Ot1�IIGlll�111111�111�1111 ®1911B 3311311MG31 OI�IIDd11�111�110�11�011 �11^1^'`JJ01101�16111011a1910991 a � I Ap ! fei[;it ## f aad if #Zit �� f •it i f fi a YI D °� i i If f d 1 til �;11a� i �ii d all MI l��f° as If ° ft{fit i i e: f#' lot t I ltm of 1�' • d' '#3fil { If flea Jft,#�� j1°i1I!' f [Ill 'fig {pp g q y p gF f e�itf da,d °i � Sli S f°�#IIdaE1A��' I�df ., jjjj $ 1gyy5 gill] 1i ilE f li Si#! 7 6ifl1 ! df ! kkp lA g 6if l It af9at lli► 1 ,» I — _ .$nit Z ORDINANCE NO 2001- JO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 2001- 148 TO PROVIDE FOR A PROJECT/DETAILED PLAN FOR 29 2 LOCATED WITHIN A PLANNED DEVELOPMENT (PD-195) AND ONE FAMILY DWELLING (SF-7) ZONING DISTRICTS, THE SUBJECT PROPERTY BEING LOCATED BETWEEN UNIVERSITY DRIVE AND MINGO ROAD, APPROXIMATELY 500' EAST OF RUDDELL STREET, COMMONLY KNOWN AS 1551 MINGO ROAD, 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 (ZO1-0017) WHEREAS, on February 1, 2000, the City Council adopted Ordinance No 2000-046 which established certain residential interim regulations (the "Residential Interim Regulations"), WHEREAS, the Residential Interim Regulations established, among other things, a Project Plan requirement, and WHEREAS, on April 3, 2001, by Ordinance 2001-148, the City council approved a change in zoning and Zoning Plan for 29 2 acres of land, to Planned Development (PD-195) zoning district classification and land use designation, and WHEREAS, on June 5, 2001, Allen Bussell of SENT CORP submitted a Project/Detailed Plan for 29 2 acres located within PD-197 and One Family Dwelling District (SF-7) zoning districts with the intent to develop a senior housing multifamily complex and public park, and WHEREAS, on July 25, 2001, the Planning and Zoning Commission recommended approval of the requested change in zoning with the conditions imposed herein, meets the requirements of the Residential Interim Regulations and is consistent with the approved 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Ordinance 2001-148 providing for the approval of a Planned Development Zoning District Classification and Use Designation for the property described as PD-195 is amended by approving the Project/Detailed Plan attached hereto and incorporated herein by reference as Exhibit B for 29 2 of land located within PD-195, more particularly described by the legal description attached hereto and incorporated herein by reference as Exhibit A, subject to the following condition Lighting on the property should be designed and maintained so as not to shine on or otherwise disturb the surrounding residential properties or to shine and project upward to prevent the diffusion into the night sky SECTION 2 The provisions of this ordinance as they apply to the 29 2 acres shown in the Project/Detailed plan herein approved shall govern and control over any conflicting provisions of PAGE 1 Ordinance 2001-148 SECTION 3 A copy of this ordinance shall be attached to Ordinance 2001-148 showing the amendment herein approved SECTION 4 If any section, subsection paragraph, sentence, clause, phrase, or word in 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, and to this end the provisions of this ordinance are severable SECTION 5 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 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, 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 C Aay of 2001 & ,O� ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY M. EULINE BROCK, MAYOR PAGE 2 Exhibit A Legal Description for ZO1-0017 Bluf1'view Villas BEGINNING for the Northwest corner of the tract being described herein at a 1/2 inch iron rod found at the Northwest corner of the said 29 167 acre tract and the Northeast corner of Lot 1, Block 1, Bowling Addition as shown by the plat thereof recorded in Cabinet Q, Page 126 of the Plat Records of Denton County, Texas on the South right-of- way of University Drive, THENCE North 70 Degrees 58 Minutes 34 Seconds East with the South right-of-way of University Drive and the North line of the 29 167 acre tract a distance of 327 91 feet to a 1/2 inch iron rod found at a salient corner thereof on the South Ime of the called 12 00 acre tract described in the deed from Del Holmes et ux to C E Curry et ux recorded in Volume 345, Page 213 of the Deed Records of Denton County, Texas at its intersection with the Southeast right-of-way of Highway 380 and the Southerly Southeast corner of the tract of land described in the deed to the State of Texas recorded in Volume 307, Page 601 of the Deed Records of Denton County, Texas, THENCE North 89 Degrees 57 Minutes 55 Seconds East with the South line of the said 12 00 acre tract a distance of 325 Ol feet to the Northwest corner of Lot 1, Block 11, Revised Sequoia Park Subdivision as shown by the plat thereof record in Volume 413, Page 408 of the said Plat Records from which a 1/2 inch iron rod found at the Northeast corner of the 29 167 acre tract bears North 01 Degrees 17 Minutes 02 Seconds West a distance of 2 0 feet, THENCE South Ol Degrees 17 Minutes 02 Seconds West with the East line of the 29 167 acre tract and the West line of Revised Sequoia Park passing at 1146 46 feet a 1/2 inch iron rod found at the Westerly Southwest comer thereof and the Northwest corner of the called 3 999 acre tract described in the deed from David Harrison et ux to Doug Peck et ux recorded under Clerk's File Number 97-R0045103 of the said Real Property Records and continuing along the same course, in all, a total distance of 1,804 60 feet to the Southeast corner of the 29 167 acre tract on the North side of Mingo Road as occupied, THENCE South 52 Degrees 22 Minutes 48 Seconds West along the occupied North side of Mingo Road with the South line of the 29 167 acre tract a distance of 789 70 feet to a 5/8 inch iron rod found at the Southwest corner thereof and the Southeast comer of Lot 1, Block 1, Greenwich Village Town Homes Addition as shown by the plat thereof recorded in Cabinet H, Page 294 of the said Plat Records, THENCE North 00 Degrees 29 Minutes 24 Seconds East with the West line of the 29 167 acre tract a distance of 1,128 98 feet to a 1/2 inch iron rod found at an angle point therein, THENCE North 01 Degrees 09 Minutes 35 Seconds East with the West line of the 29 167 acre tract a distance of 1,050 78 feet to the PLACE OF BEGINING enclosing 29 137 acres of land is Sa•,fs 9 lJili�iis EXHIBIT B - SIA32! 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