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HomeMy WebLinkAbout2001-301ORDINANCE NO 2001- 30 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 MIN'GO 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 Intenm 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 Intenm Regulations and is consistent with the approved 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SUCTION 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 SSECTION 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 SE TION 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-Chromcle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this theai/Aay of J�4 � 2001 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 Bluffview Villas BEGINNING for the Northwest comer 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 comer 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 comer thereof on the South line 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 mch 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 corner 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 Mmgo 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 therem, 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 41wa�6'.:.n=` �•i irsa,� le rlri■ ■3` v aaoLa EXHIBIT B 1 019d-NOISI a n 9nd m \ .E SWWA �w. ,1L • t r: ama uwboxoww yS +a! •assa 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