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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 "' ' ,, il? :ilI'' : [,I, J ; :I h: