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1981-025NOTE Amended by 94-149 NO AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME I~AS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DBNTON, TEXAS, BY ORDINANCE NO 69-1, AND AS SAID MAP APPLIES TO APPROXIMATF, LY 27 437 ACRES OF LAND, MORE OR LESS, OUT OF THE ROBERT BEAUMONT SURVEY, ABSTRACT NO 31, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THB CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I The Zoning Classification and Use designation of the following described property, to-wit Ail 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 57 98 acre tract conveyed by Trustee's Deed dated February S, 1929, from R M Barnes, Trustee, to Joe S Gamblll, 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 51, and being more particularly described as follows BEGINNING at a steel pin in the east boundary line of Hlnkle 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 00° 1S' east S12 feet from the original northwest corner of the Gamblll 57 98 acre tract, THENCE north 89o 30' east along the centerllne of Headlee Lane 901 S feet to a steel pin in the east boundary line of said 37 98 acre tract, and in the centerllne point between the north and south curbs in Headlee Lane said point being south 00° 17' 51" east SIS 5 feet from the original northeast corner of the Gamblll 37 98 acre tract, THENCE south O0° 17' $1" 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 Gamblll 37 98 acre tract, THENCE north 89° Si' 54" west along the south boundary line of the Gamblll Tract same being a very old fence 902 S feet to a fence corner post in concrete, for the southwest corner of the Gamblll 37 98 acre tract and being 21 feet east of the centerllne of Hlnkle Drive, whose present width is 42 feet, THENCE north 00° 1S minutes west along a very old fence and the east boundary line of Hlnkle 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 "SF-10" District Classification Use to Planned Development "PD-21" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas suboect 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, 2 Property owner to provide slx (6) foot screen along eastern property line extendxng the full width of E Hall Drive, Ail 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 C~ty 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 That the C~ty Council of the City of Denton, Texas hereby f~nds that such change is ~n accordance with a comprehensive plan for the purpose of promoting the general welfare of the C~ty of Denton, Texas, and with reasonable conslderat~on, among other th~ngs for the character of the district and for 1ts peculiar suitability or particular uses, and with a wew to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the C~ty of Denton, Texas, and its £1t~zens SECTION III That this ordinance shall be in full force and effect immediately after its passage and approval, the reqmred public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after g~vlng due notice thereof ~ PASSED AND APPROVED thls the day of /~'~--~/'~ , A D 1981 1FIC~KRD O/ ST~W~, ~YO~ CIT~ OF ~NTON, T~XAS ~g~OKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TEXAS 'W goodsam ord ORDIN.CE 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 W~EREAS, Good Samaritan Village has applled for an amendment to Planned Development No 21 (PD-21), as defined by Ordinance No 81-25, w~th respect to 26 841 acres of the 27 437 acres therein defined, more particularly described in Exhibit A, and to authorize development ~n a manner consistent w~th the detall plan attached as Exhibit B, and W~EREAS, on July 27, 1994 the Planning and Zoning Commission, after a public hearing, recommended approval of the requested changes, and WHEREAS, the Clty Council f~nds that the proposed amendments w~ll 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 d~str~ct classification and use designation for 27 437 acres of land ~s hereby amended w~th respect to 26 841 acres of land located there~n, and more particularly des- cr~bed ~n the legal description attached hereto and ~ncorporated herein as Exhibit A, by adopting the detail plan, attached hereto and ~ncorporated 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 rema~nlng portlon of the PD zoning district classification and use deslgna- tlon not herein amended, shall continue in force and effect and shall apply to the remainder of said d~strict 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 th~s ordlnance 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 exceedlng $2,000 00 Each day that a prov~slon of this ordinance is v~olated shall constitute a separate and distinct offense ~ 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, wlthln ten (10) days of the date of its passage ATTEST JENNIFER WALTERS, CITY SECRETARY AP rED AS TO LEGAL FORM DEBPd A DRAYOVITCH, CITY ATTORNEY PAGE 2 FIELD NOTES 26 841 ACRES BEING all that certain lot tract, or parcel of land s~tuated ~n the Robert Beaumont Survey, Abstract Number 31 In the C~ty and County of Denton Texas being all of Lot 1 Block 1 of Good Samaritan Village an addition to the C~ty 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 Evangehcal Lutheran Good Samantan Society recorded ~n Volume 738 Page 641 Deed Records Denton County Texas and being more parbcularly described as follows BEGINNING at a point for corner in Hmkle Drive a public roadway hawng a nght of-way of 60 0 feet said point being the southwest corner of sa~d Good Samaritan Society tract, THENCE North 984 93 feet with said H~nkle Drive to a point for corner THENCE N 890 57' 40" E 17 57 feet to a point for corner in the east ',ne of sa~d HInkle Drive said point being the south~vest corner of sa~d Lot 1 Block 1 of said Add,lion THENCE North 310 13 feet w~th sa~d east line of sa~d Drive to a point for corner ~n the south hne of Headlee Dr~ve a pubhc roadway having a right of-~vay of 50 0 feet THENCE N 89° 45 00" E 887 31 feet w~th sa~d south hne of said Headlee Drive to a point for corner said point being the northwest corner of Lot 1 of Oakhill Add,lion an addlbon to the C~ty of Denton Denton County Texas THENCE S 00° 06 50" W 1305 feet w~th the west line of said Oakhdl Addition and w,th the, est I ne of Ir, fine'/St c~a ~dd~bon an addition to the C~ty of Denton Denton County Texas to an Iron rod found for corner ~n the north hne of that certain tract of land conveyed by deed to Peter C Kern recorded u'~der Clerks File No 94-54332 Real Property Records Denton County Texas THENCE N 89° 36' 54" W, 902 30 feet w~th said north line of said Kern tract to the PLACE OF BEGINNING and containing 26 841 acres of land ~ 0RDIN,U~C~ .U~/DIHG T~E ZONING ),L~P OF THE C~TY OF DENTOH, T~XAS~ AS S.U~ ~AS A~OPTED AS ~ ~PE~X TO ~ COD~ ~ ~ SAID ~ ~PLI~S TO ~PROXI~TELY 27 437 ACRES OF ~D, ~B~ ~i~T~FB~C~B~T~ONT SURVBY~ ~S~CT NO ~ CO~CIL OF ~B CITY OF DENON, ~B~S~ HEREBY ORDAINS SBCTION I The Zoning Classification and Use designation of the following described prope~ ~o-~i~ ~1 that certain lot~ tract~ or parcel of land lying and being situated in the Clt~ and Coun~ o~ Denton~ State of Texas~ and being a part oE a 37 98 acre ~rac~ conveyed b~ Trustee~s Deed dated Pebruar~ 5~ 1929~ ~rom R M Barnes, Trustee~ ~o Joe S G~bill~ as sho~ of record in Vol~e 222~ Page 458 o~ the Deed Records of Denton Coun~ Texas~ and being out oE the Robert Beaum~t. Sur~e~ Abs~rac~ No 31, and being more par~icularl descr~oeu as ~ol~ows BBGINNING at a s~eel pin in the east bo~dary l~ne of Hinkle Drive and directly between the north and sou~h curbs In an eas~ ~d west stree~ designated as Headlee Lane, said poin~ beginning also being south 00o IS* east ~12 ~eet ~rom the original north~es~ corner o~ ~he G~bill 37 98 acre ~ract, ~C~ north 89° 30~ eas~ along the centerline o~ Headlee Lane 901 5 feet to a steel pin in the east bo~dary line said 37 98 acre tract, and in the cen~erline poin~ between the north and south curbs in Headlee Lane said point being sou~h 00° 17~ 31' east ~1~ ~ ~ee~ ~rom ~he original northeast corner of ~he ~bill 37 98 acre tract, ~C~ sou~h 00o 17~ 31" eas~ along the east boundar~ line the 37 98 acre tract passing at 17 ~oo~ the south curb in Readies Lane~ continuing on said course and along existing fence line a total distance of 1330 ~ee~ to a s~eel pin ~or the southeas~ corner o~ the G~bill 37 98 acre ~ract, ~CB north 89o ~1~ S4' wes~ along ~he sou~h boundary line of the G~bill Tract s~e being a very old ~ence 902 ~ ~eet fence corner pos~ in concrete~ for the southwest corner of ~he G~bill 37 98 acre tract and being 21 feet east of the centerline of Ninkle Drive, ~hose present width is 42 ~ee~, ~BNCB north .00o 15 minutes ~est along a ver~ old fence and e east bounaary line o~ Hinkle Drive passing a~ 230~ ~eet the Sou~h curb in Headlee Lane, and continuing on said course a total distance o~ 2320 ~eet to the point o~ beginning, is hereby changed ~rom Single ~t1~ "bP-10' Dis~ric~ ~lassi~lcation Use to Planned Development "PD-21" District Classifica~ion and Use ~der the Comprehensive Zoning Ordinance of the City of Denton~ Texas subject ~o ~he ~ollowlng Conditions and restrictions 1 Planned Development "PD-21" ~or use as an elderl~ retirement complex~ including Apartments, Duplexes, Triplexes, a Health Center Complex and Adult Da~ Care Cente~ Property o~ner to provide six (6) foot screen along eastern property line extending the full width o£ I~ Hall Orive, All as sho~n 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, ss an Appendix to the Code of 0r./inances of the City of Denton, Texas under 0 69 1, be and th rdinance No Oistrict'Classiffc:ta~:n ifndheJfebY a~ended to show such change in SECTION II That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a comprehensive ~lan for the purpose of promoting the general welfare of the it), of Denton, Texas, and with reasonable considers othe.r, things for the character of t~ ...... ti. on~ among -= u~s~rlct and for its pecuzlar 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 maximmn benefit to the City of Denton, Texas, and its :itizen:he ,SBCTION 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 Co~mission and the City Council of the City of Dent , Texas, after giving due notice thereof on PASSED AND APPROVED this the /~ day of A D 1981 , ~IC~D O/ STEWART, CITY OF IYENTON, TEXAS CITY OP DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OP DENTON, TEXAs