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2010-116 ORDINANCE NO. 2010-116 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A DETAIL PLAN AMENDMENT FOR A SEPARATELY DEFINED 5.491 ACRE PORTION OF THE STATE SCHOOL PLANNED DEVELOPMENT (PD-12) ZONING CLASSIFICATION AND USE DESIGNATION, LOCATED ON THE SOUTHBOUND SERVICE ROAD OF IH-35E, BETWEEN STATE SCHOOL ROAD AND POST OAK ROAD, AND NORTH OF THE CORINTH CITY LIMITS, TO ALLOW A 1,799 SQUARE FOOT ADDITION TO AN EXISTING 11,144 SQUARE FOOT OFFICE BUILDING; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY, SUPERSEDURE, PUBLICATION AND AN EFFECTIVE DATE. (Z 10-0001) WHEREAS, on May 5, 1987, by Ordinance 87-084 the City Council approved a Concept Plan for 43.4 acres of land designated as Planned Development 12 (PD-12) zoning district, as more particularly described therein; and WHEREAS, on December 16, 1997, by Ordinance 97-368, the City Council approved a Detail Plan for 5.491 acres of the Planned Development 12 (PD- 12) zoning district , as more particularly described therein; and WHEREAS, William S. Pye, as applicant, has applied for an amendment to the detail plan previously approved by Ordinance 97-369, to allow a 1,799 square foot addition to an existing 11,144 square foot office building on that 5.491 acre parcel, legally described in Exhibit "A", attached hereto and incorporated herein by reference (the `Property"), consistent with the revised site plan attached hereto and incorporated herein by reference as Exhibit "B"; and WHEREAS, on March 24, 2010; the Planning and Zoning Commission concluded a public hearing as required by law, and recommend approval of the requested detail plan amendment; and WHEREAS, the City Council finds that the detail plan, if amended as requested, is consistent with the Denton Plan and zoning ordinance, as well as the previously approved concept and detail plans for the entire PD-12 planned development; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The detail plan for the Property previously approved by Ordinance 97-368 is hereby amended to incorporate the revised site plan attached hereto and incorporated herein by reference as Exhibit "B", subject to the following conditions: 1. All original conditions of approval and subsequent modifications associated with PD-12 shall remain valid, unless specified otherwise herein. 2. Uses within this development shall be limited to those permitted within the Office (O) and Commercial (C) zoning districts of PD-12. Page 1 3. The amendment shall be limited to the addition of a 1,799 square feet to the existing 11,144 square foot office/sale and show room area. SECTION 3. Ordinance 97-368, is hereby amended and superseded to the limited extent of any conflict with this ordinance, and this ordinance shall govern and control over any conflicting provision of Ordinance No. 97-368; however, all non-conflicting provisions of Ordinance 97-368 shall continue in force . and effect with respect to the Property herein described. SECTION 4. A copy of this ordinance shall be attached to Ordinance 87-084, showing the amendment herein approved. SECTION 5. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 6. 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 7. This ordinance shall become effective fourteen (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, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. -~h C PASSED AND APPROVED this the day of 52010. MARK A`BURROUGHS, MAYOR ATTEST:' JENNIFER WALTERS, CITY SECRETARY BY: APPR ED AS O LEGAL FORM: ANITA A.BURGESS, CITY ATTORNEY BY: Page 2 Exhibit A (Legal Description) BEING a tract of land situated in the Gideon Walker Survey, Abstract No. 1330, in the City of Denton, Denton County, Texas and being that tract of land described in deed to 4984 Partners Limited, as recorded in Instrument Number 2004-22521 in the Official Deed Records of Denton County, Texas (DRDCT), and being more particularly described as follows: COMMENCING at the intersection of the west right-of-way line of Post Oak, (a 100 foot wide street right-of-way), as dedicated to the City of Corinth, Texas by plat recorded in Cabinet F, Page 233 of the DRDCT, and the southwesterly right-of-way line of Interstate Highway 35E (a variable width ROW); THENCE along the southwesterly right-of-way-line of said Interstate Highway 35E, the following called courses and distances; North 42 degrees 24 minutes 34 seconds West, a distance of 72.06 feet to a point for corner; North 50 degrees 12 minutes 52 seconds West, a distance of 62.63 feet to the beginning of non-tangent curve to the right, having a radius of 1461.38 feet and whose long chord bears North 44 degrees 57 minutes 23 seconds West for a distance of 274.09 feet; Northwesterly with said curve, through a central angle of 10 degrees 45 minutes 42 seconds, an arc distance of 274.48 feet to a found 3/4-inch iron rod for corner; North 39 degrees 34 minutes 31 seconds West, a distance of 30.17 feet to a point for the beginning of a curve to the left, having a radius of 1461.38 feet and whose long chord bears North 44 degrees 57 minutes 16 seconds West for a distance of 273.99 feet; Northwesterly with said curve, through a central angle of 10 degrees 45 minutes 29 seconds, an arc distance of 274.39 feet to a point of tangency; North 50 degrees 20 minutes 00 seconds West, a distance of 811.71 feet to a found 5/8- inch iron rod with a plastic "PBS&J" cap for the POINT OF BEGINNING; THENCE South 47 degrees 07 minutes 19 seconds West, departing the southwesterly right-of- way line of said Interstate Highway 35E, a distance of 352.98 feet to a point in the north line of The Woods at Oakmont, Phase 2, an addition to the City of Corinth, Denton County, Texas according to the plat filed for record in Cabinet N. Page 97 of the DRDCT; THENCE North 86 degrees 00 minutes 24 seconds West, with the north line of the said addition, a distance of 609.78 feet to a point for corner; THENCE North 3 5 degrees 10 minutes 11 seconds West, departing the north line of said addition, a distance of 49.99 feet to a found 5/8-inch iron rod with a plastic "PBS&J" cap for a corner in the centerline of a 100 foot wide Texas Power & Light Company easement recorded in Volume 313, Page 356, Volume 373, Page 242, Volume 517, Page 518, Volume 518, Page 101 Page 3 and Volume 1062, Page 62, DRDCT; THENCE North 54 degrees 48 minutes 13 seconds East, along the centerline of said easement, a distance of 725.86 feet to a found 5/8-inch iron rod with a plastic "PBS&J" cap in the southwest right-of-way line of said Interstate Highway 35E, said point being on a curve to the left having a radius of 5879.65 feet and whose long chord bears South 48 degrees 49 minutes 30 seconds East, a distance of 310.08 feet; THENCE Southeasterly with the southwest right-of-way line of said Interstate Highway 35E, and along said curve to the left, through a central angle of 03 degrees 01 minute 19 seconds, for an arc distance of 310.11 feet to a found 5/8-inch iron rod with a plastic PBS&J cap for-the point of tangency; THENCE South 50 degrees 20 minutes 00 seconds East, continuing along said southwest right- of-way line, a distance of 89.89 feet to the POINT OF BEGINNING AND CONTAINING 239,174 square feet or 5.4907 acres of land more or less. 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I i / ~~e o uo goo i a r• s~"off ~s < ,-e ~ 1 -dam M S1 9Z.8£INl j Qeq° yi l S'.i r `s C? ee~'u~s.n.-~ae"r 3u ~c muunm>~.wszan+ua~+sa u>w.~~ .u.cme cvnla Page 5 Exhibit C (Elevations for Reference Only - Not Regulatory) 6 , Un it I EM=-MV 11 DESSYVIDD d® € O9 o. gal ~i • .:i s ( eE4 v i• ~ r. 2S o@y Sy }S - ■M~ } a~ 9 cc e~ a¢ C6, 3 fps{ ANN ~ _3 a Tit. f f , T i. a f.. Ao- rfi. •?•..a •-q {in .1 - t > t 7G, -tok ~.•j..T. a ~ k 1 Page 6