1994-149goodsam.ord
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DETAILED
PLAN FOR PLANNED DEVELOPMENT NO. 21 (PD-21) AS SHOWN IN THE
ATTACHED DETAIL PLAN FOR 26.841 ACRES OF THE 27.437 ACRES THEREIN
DEFINED; PROVIDING A SAVINGS CLAUSE; REPEALING ORDINANCE 84-96;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Good Samaritan Village has applied for an amendment
to Planned Development No. 21 (PD-21), as defined by Ordinance No.
81-25, with respect to 26.841 acres of the 27.437 acres therein
defined, more particularly described in Exhibit A, and to authorize
development in a manner consistent with the detail plan attached as
Exhibit B; and
WHEREAS, on July 27, 1994 the Planning and Zoning Commission,
after a public hearing, recommended approval of the requested
changes; and
WHEREAS, the City Council finds that the proposed amendments
will be in compliance with the Denton Development Plan; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Ordinance No. 81-25 (PD-21), providing appro-
val of a planned development zoning district classification and use
designation for 27.437 acres of land is hereby amended with respect
to 26.841 acres of land located therein, and more particularly des-
cribed in the legal description attached hereto and incorporated
herein as Exhibit A, by adopting the detail plan, attached hereto
and incorporated herein as Exhibit B for all purposes.
SECTION II. That the provisions of this ordinance as they
apply to the 26.841 acres described by Exhibit A govern and control
over any conflicting provision of Ordinance No. 81-25, but all the
provisions of ordinance No. 81-25 as they apply to that remaining
portion of the PD zoning district classification and use designa-
tion not herein amended, shall continue in force and effect and
shall apply to the remainder of said district.
SECTION III. That Ordinance No. 84-96, being a prior amend-
ment to Ordinance No. 81-25 (PD-21) is hereby repealed as being
obsolete and inconsistent with this ordinance.
SECTION IV. That a copy of this ordinance shall be attached
to Ordinance No. 81-25, showing the amendment herein approved.
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 VI. That this ordinance shall become effective four-
teen (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, the official news-
paper of the City of Denton, Texas, within ten (10) days of the
date of its passage. yam''/_
PASSED AND APPROVED this the Z day of , 1994.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY
APP 0VED AS TO LEGAL FORM*
DEBRA A. DRAYOVITCH, CITY ATTORNEY
PAGE 2
FIELD NOTES
26.841 ACRES
BEING all that certain lot, tract, or parcel of land situated in the Robert Beaumont
Survey, Abstract Number 31, in the City and County of Denton, Texas, being all of
Lot 1; Block 1 of Good Samaritan Village, an addition to the City of Denton,
Denton County, Texas, according to the plat thereof recorded in Cabinet B, Page
148, Plat Records, Denton County, Texas, and being all that certain tract of land
conveyed by deed from Frank N. Hall, Trustee to the Evangelical Lutheran Good
Samaritan Society recorded in Volume 738, Page 641 Deed Records, Denton
County, Texas, and being more particularly described as follows:
BEGINNING at a point for corner in Hinkle Drive, a public roadway having a right-
of-way of 60.0 feet, said point being the southwest corner of said Good Samaritan
Society tract;
THENCE North, 984.93 feet with said Hinkle Drive to a point for corner;
THENCE N 89° 57' 40" E, 17.57 feet to a point for corner in the east line of said
Hinkle Drive, said point being the southwest corner of said Lot 1, Block 1, of said
Addition;
THENCE North, 310.13 feet with said east line of said Drive to a point for corner in
the south line of Headlee Drive, a public roadway having a right-of-way of 50.0
feet;
THENCE N 89° 45' 00" E, 887.31 feet with said south line of said Headlee Drive
to a point for corner, said point being the northwest corner of Lot 1, of Oakhill
Addition, an addition to the City of Denton, Denton County, Texas;
THENCE S 00° 06' 50" W, 1305 feet with the west line of said Oakhill Addition
and with the west i;ne of Infinity Strata .Addition, an addition to the City of Denton,
Denton County, Texas, to an iron rod found for corner in the north line of that
certain tract of land conveyed by deed to Peter C. Kern, recorded under Clerks
File No. 94-54332, Real Property Records, Denton County, Texas;
THENCE N 89° 36' 54" W, 902.30 feet with said north line of said Kern tract to the
PLACE OF BEGINNING and containing 26.841 acres of land.
EXHIBIT
0
NO._ %1-25
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 27.437 ACRES OF LAND,
MORE OR LESS, OUT
DECLARING AN EFFETHE CTIVE ROBERT DATE. SURVEY, ABSTRACT NO.
31; AND 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 lot, tract, or parcel of land lying and being
situated in the City and County of Denton, State of Texas, and
being a part of a 37.98 acre tract conveyed by Trustee's Deed
dated February 5, 1929, from R. M. Barnes, Trustee, to Joe S.
Gambill, as shown of record in Volume 222, Page 468 of the Deed
Records of Denton County, Texas, and being out of -the Robert
Beaumont Survey, Abstract No. 31, and being more particularly
described as follows:
BEGINNING at a steel pin in the east boundary line of Hinkle
Drive and directly between the north and south curbs in an east
and west street designated as Headlee Lane, said point of
beginning also being south 000 1S' east 512 feet from the
original, northwest corner of the Gambill 37.98 acre tract;
THENCE north 890 30' east along the centerline of Headlee
Lane 901.5 feet to a steel pin in the east boundary line of
said 37.98 acre tract, and in the centerline point between the
north and south curbs in Headlee Lane said point being south
000 17' 31" east 515.5 feet from the original northeast
corner of the Gambill 37.98 acre tract;
THENCE south 000 17' 31" east along the east boundary line of
the 37.98 acre tract passing at 17 foot the south curb in
Headlee Lane, continuing on said course and along existing
fence line a total distance of 1330 feet to a steel pin for the
southeast corner of the Gambill 37.98 acre tract;
THENCE north 890 51' S4" west along the south boundary line
of the Gambill -Tract same being a very old fence 902.5 feet to
a fence corner post in concrete, for the southwest corner of
the Gambill 37.98 acre tract and being 21 feet east of the
centerline of Hinkle Drive, whose present width is 42 feet;
THENCE north 000 15 minutes west along a very old fence and
the east boundary line of Hinkle Drive passing at 2303 feet the
south curb in Headlee Lane, and continuing on said course a
total distance of 2320 feet to the point of beginning;
is hereby changed from Single Family "SP-10" District
Classification Use to Planned Development "PD-21" 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. Planned Development "PD-21" for use as an elderly
retirement complex, including Apartments, Duplexes,
Triplexes, a Health Center Complex and Adult Day
Care Center;
EXHIBIT
m
2. Property owner to provide six (6) foot screen along
eastern property line extending the full width of
B. Hall Drive;
All as shown on the attached site plan attached hereto
and made a part thereof.
The Zoning Map of the City of Denton, Texas, adopted the
14th day of January, 1969, as an Appendix to the Code of
Ordinances of the City of Denton, Texas under Ordinance No.
69-1, be, and the same is hereby amended to show such change in
District Classification and Use.
SECTION II.
accordance of with Denton, Texas hereby
findsh thath sucht change is o in the
plan for the purpose of promoting the general welfare of the'
City of Denton, Texas, and with reasonable consideration among
other things for the character of the district and itor its
peculiar suitability or particular uses, and with a view to
conserving the value of the buildings, protecting human lives,
and encouraging the most appropriate uses of land for the'
maximum benefit to the City of Denton, Texas, and its citizens.
SECTION III.
That this ordinance shall be in full force and effect
immediately after its passage and approval, the required public
hearings having heretofore been held by the Planning-.and Zoning
Commission and the City Council of the City of Denton, Texas,
after giving due notice thereof.
PASSED AND APPROVED this the day of j✓e4lC
A. D. 1981.
i
C S 'Ei , ~Yod
CIT ;Axjj OF 0NTON, TEXAS
ATTES
O ~ E
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
c
BY: