1981-050 NOTE Amended by Ordinance No 2001-201
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS,
AS SAME I~AS ADOPTED AS AN APPBNDIX 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 SURVBY, ABSTRACT NO 779, AND N BRITTON
SURVEY, ABSTRACT NO S1, 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-w~t
Ail that certain 4S S61 acre tract, or parcel of land situated ~n
the Thomas Labor Survey, Abstract No 770 and the N Br~tton
Survey, Abstract No SI, Denton County, Texas, being part of that
66 170 acre tract conveyed by W J Lamberth to Ross Forney by
deed recorded ~n Volume 661, Page ~07 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
d~rect~on of Dewey F~elds, Registered Public Surveyor No 1~6~ as
follows
BEGINNING at a point for the southwest corner of this tract ~n the
west line of the Forney tract, sa~d point lying north 07o 22'
west 600 feet from the southwest corner of the Eorney tract,
THENCE north 02o 22' west 717 3 feet w~th the west line of the
Forney tract to an ~ron p~n found at a corner fence post for a
salient west corner of th~s tract,
THENCE north 89° 01' east 627 ~ feet to a point for a west
re-entrant corner,
THENCE north 00o 06' east 484 6 feet to a point for a northwest
corner,
THENCE south 89° 54' east 10 0 feet to a point for a point of
curvature ~n the west l~ne of a proposed Q0 foot roadway,
THENCE w~th a right breaking curve ~n the west l~ne of sa~d
proposed roadway having the following characteristics-central
angle 48° S0' 01", radius of 4S0 49 feet, tangent of 195 43
feet, arc length of 366 9 feet and a chord bearing north 24o 31'
east SSS 9 feet to a point for a point of reverse curvature ~n
sa~d proposed roadway,
THENCE w~th a left breaking curve ~n sa~d proposed roadway which
~s part~ally ex~st~ng and known locally as Montec~to Dr~ve having
the following characteristics-central angle S0° 29' 49", radius
of 44S 0 feet, tangent of 209 86 feet, arc length of 3~2 2 feet
and a chord bearing north 25o 11' 10" east ~79 7 feet to a point
for a point of tangency of sa~d curve,
THENCE north 00° 04' west 108 7 feet to a point in the south
line o£ Ryan Road for the northwest corner of this tract,
THENCE north 89° S6' east 580 0 feet w~th the south l~ne of Ryan
Road for the northeast corner of th~s tract,
Z-1489- BOB FRIESEN-PAGE ONE
THENCE south 00o 06' west Il00 0 feet to a point for eastern
southeast corner,
THENCE south 89° Ol' west 165 0 feet to a point for east
re-entrant corner,
THENCE south 02° 11' 20" west 849 7 feet to a point for the
southern southeast corner of th~s tract,
THENCE south 88° 22' west 1299 0 feet to the place of beginning,
~s hereby changed from Planned Development D~strlct Classification
Use to Planned Development "PD-22" D~str~ct Classification and Use
under the Comprehensive Zoning Ordinance of the C~ty of Denton,
Texas subject to the follow~ng conditions and restrictions, to-w~t
1 S~te plan approval ~s not granted to any type of
multi-family development that does not exclusively
serve elderly persons or which ~s designed for owner
occupancy,
2 The neighborhood serwce retail uses ~n the
med~cal/d~n~ng facility shall strictly adhere to all
prowslons ~n the zoning ordinance relating to
neighborhood service uses,
3 Montec~to Dr~ve shall be extended to the entrance on
the south s~de of "Forest Ridge" concurrent w~th
development of any additional cluster or cottage
un~ts or lB or lC of Crystal Lake Manor, and
Monteclto Dr~ve to entrance on south s~de of "Forest
R~dge" shall be under construction prior to occupancy
of IA of Crystal Lake Manor,
4 Parking ~s permitted as shown on the attached s~te
plan, however additional parking shall be reqmred ~f
the amount on the site plan proves to be ~nadequate,
5 A 90 foot w~de r~ght of way shall be dedicated by the
developers to prowde for the extension of Montec~to
Dr~ve Variations ~n the specific alignment of
Montec~to shall be permitted,
6 The 12 inch water l~ne ~n Montec~to shall be extended
concurrent with extension of Monteclto Drive,
7 Extension of on-s~te utilities shall be sufficient to
serve all structures and allow easy access for future
development,
8 The developers shall prowde residential w~dth
pavement on Montec~to Road (54 feet) The c~ty
participate ~n any overw~dth pawng,
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 w~th construction of the medical center/
d~n~ng facility, Montec~to Dr~ve and 12 ~nch water
line shall be extended to south property l~ne,
11 Concurrent w~th construction of cottage un, ts south
of Crystal Lake Manor, Montec~to Drive and 12 ~nch
water l~ne shall be extended to south property l~ne,
Z-1489- BOB FRIESEN-PAGE TWO
12 Lump sum payment in lieu of extension of Monteclto
Drive may be considered and accepted by the City
Council,
15 No increase in density shall be permitted without
amending this ordinance,
14Minor variations in the placement of buildings shall
be permitted,
1SA minimum setback from Monteclto Drive right of way
of 25 feet shall be required
Ail as shown on the site plan attached hereto and made a
part hereof
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 ~n District
Classification and Use
SECTION II
That the City Council of the City of Denton, Texas hereby
finds that such change is in accordance with a comprehensive 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 for its peculiar
suitability or particular uses, and with a view to conserwng 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 ,2981
~tICgARD 0 7ST~WARrr, MAYOR'F
CIT~ OF DENTON, TEXAS
OF DRNTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS
Z-1489- BOB FRIESBN-PAGB THRBE
NO
/
AN O~CE OF THE CITY OF DENTON, TE~S ~E~G O~CE NO 81-
50, TO PROVUE FOR A DET~LED PL~ FOR 3 4 AC~S LOCATED ~TH~ T~
PL~D DEVELOPMENT 22 (PD-22) ZO~G DIST~CT ~ L~ USE
CLASS~ICATION TO PROVIDE FOR A SE~OR CIT~EN D~LEX DEVELOP~,
THE S~CT PROPERTY BErG LOCATED AT THE SOUTH~ST CO~R OF
RY~ RO~ ~ MONTECITO RO~ ~ THE CI~ OF DENTON, DENTON CO~TY,
TE~S, PROVinG A SEVE~ILITY CLAUSE, PROVID~G FOR A PEN~TY ~
THE ~ ~O~T OF $2,00000 FOR VIOLATIONS THE~OF, ~
PROVinG FOR ~ EFFECTIVE DATE (Z-01-0001)
~AS, on May 5, 1981 by ~din~ce 81-50, the City Council approved a Conc~t
PI~ for 157 acres located ~n the Plied Development 22 (PD-22) Zomng D~s~ct ~d L~d Use
Classification, ~ more p~eulmly described there~n, and
~E~AS, on October 12, 2000, The Ev~gehcal Luther~ Good S~tan Society
submitted a Detmled PI~ for 3 4 acres located w~th~n ~e Plied Developmem 22 (PD-22)
Zoning D~s~ct Wl~ ~e intent to develop a semor c~t~zen duplex development, ~d
~E~AS, on April 25, 2001, the Plying ~d Zoning Co~lss~on reco~ended
approval of a Detmled for such 3 4 acres, ~d
~E~AS, ~e C~ty Council finds that the Detaded PI~ ~s consistent w~th the approved
Concur PI~ for PD-22, that there ~s a sho~age of semor c~t~zen housing m Denton, ~d the
Det~led PI~ ~s consistent w~th the 1999-2020 Denton Comprehensive PI~ ("The Denton
PI~"), NOW, THE~FO~,
THE CO~CIL OF THE CITY OF DENTON HE.BY O~S
SECTION 1 Ordinate 81-50 prowd~ng for the approval of a Concept PI~ for ~e
Plied Development-22 (PD-22) Zonmg District Classification ~d Use Desk.at,on ~s hereby
amended by approwng the Detmled PI~ a~ached hereto ~d ~nco~orated here~n by reference as
Exhibit B for 3 4 acres located w~thm PD-22, more p~cularly described by the legal description
attached hereto ~d meo~orated h~e~n by reference as Exhibit A, subject to the following
condition
The duplex development au~onzed by th~s ordm~ce shall exclusively se~e semor
c~t~zens, age 62 or older
SECTION 2 ~e prows~ons of~s ord~n~ce ~ they apply to the 3 4 acres shown ~n ~e
Detailed PI~ shall govern ~d consol over ~y conflicting prows~ons of Ord~n~ce No 81-50,
but M1 ~e prows~ons of ~dm~ce No 81-50 not ~n conflict w~ ~s ord~n~ce or to the extent
they apply to ~at rema~mng poa~on of the d~stnct not hereto ~ended, shall continue ~n force
~d effect ~d shall apply to the remainder of smd d~stnct
SECTION 3 A copy of this ordinance shall be attached to Ordinance No 81-50 showing
the amendment hereto approved
SECTION 4 Any person wolatmg any pmwslon of flus ordinance shall, upon
conviction, be fined a sum not exceeding $2,000 00 Each day that a prows~on oftlus ordinance
is molated shall constatute a separate and d~stmct offense
SECTION 5 If any sec~on, subsection, paragraph, sentence, clause, phrase, or word m
tbas ordinance, or apphcatlon thereof to any person or circumstances is held invahd by any court
of competent junsdmt~on, such holding shall not affect the vahdlty of the remmmng port~ons of
th~s ordinance, and the C~ty Council of the C~ty of Denton, Texas hereby declares it would have
enacted such remmmng portions despite any ~nvahdlty
SECTION 6 Th~s ordinance shall become effective fourteen (14) days from the date of
its passage, and the C~ty Secretary is hereby d~rected to cause the caption of tins ordinance to be
published twice m the Denton Record Chromcle, official newspaper of the City of Denton,
Texas, wlttun ten (10) days of the date of~ts passage
PASSED AND APPROVED th, sthe /~---~ dayof ~_~ff~/~ ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
//~'4/30/2081 13 lO 1~708¢:,34367 COt~,,IELLY ABBOTT DUi',~I PAGE: 03
EXHIBIT A
FIELD '~OTES
~ 420 ACRES
~t N~ 779 ~ ~ Nst~ Bn~on S~, A~t Nm~ ~ ~1 m ~e City
~ ~of~mo~ ~ ~ * ~ of Lot I Block ~ L~e
ro~y ~ a ~-of-~y of 7~ 0 ~t, ~ ~mt ~mg ~he no~h~
Lot I of ~d
THENC~ N 89°54 12 E, 317 80 f~l ~ ~ ~a~ ~ of~ ~y~
~r ~ ~ ~ west ~ ofMomg~to ~s~ a~ m~way ha~l ', a
90 0 ~t
Tg~NCE $ 0~ ~ W I08 ~ ~t ~ s~ ~ ~ of~d ~ to a point for
~CE ~ng t~ ~ ora c~e to ~ ~ ~ a cen~al ~k c '49~'~' a
369 08 ~ ~ ~ we~ ~g of~td ~c to a ~mt for ~r
THENCE 8 49'04'~' W 11 80 ~ ~ ~d ~ ~ ofs~ ~ ~ a ~ ~or
T~NCE a~ ~e ~c ol ac~ to t~ kR ~ a ~1 ~g~ ol t8°42'55" a
355 10 ~ ~h ~ ~e~ ~ of ~d Drt~e to a ~mt for
~ HENCE S ~'04'~0' W, 454 60 ~ ~ ~ ~em ~ of~ D~v, ~o a po~ ~r
THENCE ~ ~ ~c of a c~e m ~ ng~ ~ ~ ~ ~le o ~34~5
~ of 57 68 ~t, ~ ~ k~ of 34 32 ~t ~ c~rd
33 gl ~ ~th ~td west ~ of~ ~ ~ a ~ fo~ co~
TH~CE N 00~04'5~ E, p~ at 0 66 ~ ~ ~n ~ fo~ for
d~e of ~261 70 f~ to ~ P~CE O~ BEG~N~G ~d
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