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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 That Ordinance No. 84-96, being a prior amend- ment to Ordinance No. 81-25 (PD-21) is hereby repealed as being obsolete and inconsistent with this ordinance.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: