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2013-147s:llegallour documents\ordinances1131pda12-0006.doc ORDINANCE NO. 2013-147 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR 6.199 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 120 (PD-120) ZONING DISTRICT; GENERALLY LOCATED ON THE SOUTH SIDE OF LOOP 288, WEST OF THE INTERSECTION OF F.M. 2164/LOCUST STREET AND LOOP 288, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (PDA12-0006) WHEREAS, on November 19,2010, by Ordinance 2010-270, the City Council approved an amended Concept Plan for approximately 23 5.65 acres of land within the Planned Development 120 (PD-120) zoning district, as more particularly described therein; and WHEREAS, on October 19, 2010, by Ordinance 2010-270, the City Council approved an amendment to the PD boundaries, concept plan and development standards within Planned Development 120; and WHEREAS, Joshua Jezek (Pacheco Koch) on behalf of Wayne Lewis, Denton LP 2, has applied for approval of a Detailed Plan for 6.199 acres of land located within the PD-120 planned development district, and more particularly described in Exhibit "A", attached hereto ad made a part hereof ("the Property"), said Detailed Plan being on file in the offices of the City's Planning Division, incorporating Exhibits "B" through "D" , attached hereto and made a part hereof as Exhibit "B" (the "Detailed Plan"); and WHEREAS, on May 7' 2013, the City Council concluded a public hearing, and on Apri110, 2013, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested detailed plan amendment; and WHEREAS, the City Council finds that the Detailed Plan amendment is consistent with the concept plan for Planned Development 120 (PD-120); 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. SECTION 2. This ordinance, together with all incorporated attachments and conditions, specifically including all conditions and standards referenced or incorporated by the PD-120 Concept Plan (Ordinance 2010-270), is hereby approved as the Detailed Plan for the Property. SECTION 3. The provisions of this ordinance as they apply to the Property shall govern and control over any conflicting provisions of Ordinance 2010-270, but all the provisions of Ordinance 2010-270, as they apply to that remaining portion of the district onto herein amended, shall continue in force and effect and sha11 apply to the remainder of said district. SECTION 4. 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 5. Any person violating any provision of this ordinance shall, upon conviction, be iined 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 6. That 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. PASSED AND APPROVED this the �t� day of �(/�� , 2013. MARK : BURR GHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: /I�G� � l,� �_� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: �; " ) Exhibit A Legal Description DESCRIPTION, of a 6.199 acre tract of land situated in the Thomas Toby Survey, Abstract No. 1288, Denton County, Texas; said tract being part of Lot 1, Block A, Sandlin Addition, an addition to the City of Denton, Texas according to the plat recorded in Cabinet O, Page 132 of the Map records of Denton County, Texas; said tract also being all of the at tract of land described n General warranty Deed to Gardens of Denton II, L.P. recorded in Instrument Number 2013-15016 of the Official records of Denton County Texas; said 6.199 acre tract being more particularly described as follows: BEGINNING at a 1/2 —inch iron rod found in the south right-of-way line of State Highway Loop 288 (a variable width right-of-way) and the northwest corner of said Lot 1; said point also being the northeast corner of a tract of land described in Warranty Deed to Beall Denton Partners L.P. recorded in Instrument Number 2003-201926 of said Ofiicial Public Records; THENCE, North 83 degrees, 3 8 minutes, 51 seconds East, along the said south line of State Highway Loop 288 and the north line of said Lot 1, a distance of 483.05 feet to a%z-inch iron rod with "PACHECO KOCH" cap set for corner; THENCE, South 06 degrees, 31 minutes, 54 seconds, East, departing the said south line of said State Highway loop 288 and the said north line of Lot 1, a distance of 299.09 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set at the beginning of � tangent curve to the left; THENCE, in a southeasterly direction, along said curve to the left, having a central angle of 42 degrees, 42 minutes, 56 seconds, a radius of 380.27 feet, a chord bearing and distance of South 27 degrees, 53 minutes, 22 seconds East, 276.98 feet, an arc distance of 283.50 to a%2-inch iron rod with "PACHECO KOCH" cap set for corner n the north line of Lot 1, Block A, Locust LP Addition, an addition to the City of Denton, Texas according to the plat recorded in instrument No 2011-79 of said Official public Records; THENCE, North 88 degrees, 57 minutes, 11 seconds, West, along the south line of said first referenced Lot 1 and the said north line of second referenced lot 1, a distance of 652.48 feet to a 1/z- inch iron rod with"PACHECO KOCH" cap found for corner in the east line of said Beall Denton Partners L.P. tract; said point being the southwest corner of said first referenced Lot 1 and the northwest corner of said second referenced lot 1; THENCE North O 1 degrees, 02 minutes, 46 seconds East, along the west line of said first referenced Lot 1 and the said east line of Beall Denton partners L.P. tract, a distance of 476.66 feet to the POINT OF BEGINNING. CONTAINING: 270,030 square feet or 6.199 acres of land, more or less. Exhibit B Detailed Plan � '-�� -�� (133l�I1 S 1 , �� -_�. a � .r�r ` � �� ,� �p a Ze Y ' 1 �p " a , ! N; � � � � 4� �� -�' °1 gs� �� '� _ Q�� q;a� ` ' �� V �� Z BZ� � � Na�~� �� d� �� g�� . � �� z 6 B �� ` < �� Y � �ffid' �ddi i� � _ � �— !� �! T� — - ZS�o<� d�9� — _ .— .� �°lQ��`g�;�o� ;.:,.. : �Wg9� �p< � � -- �—.� QZ�� . i �� p !—� ' - - c—q6�°�� k � o � � m a�� ' �' �� , i � _ �� i � ¢g�� 6; t i �!�� — � �� 1°��g � /��' L- i fl e�i� ll19 � />�' u �_i / ,,� � � +!' ' � �d : i P� �a : .� i � �� aa € , �g .� $ � $� �� s ay( '��y�<�� m „` �� Q� �� .� a �g' �m�E �ga�� s�d'�� ti ��,� " g� ��VV �� i i �; ,�� i�€ J �r.v , �z I . m e � � � ii, � t � � z . g $ �g 4 �� 9 ' S �R 0 4 g� 9 ^� �c , i � e §�� p�� ' � i �z �4f �pg�c q 5��79@- RyM� a 3 � 4�s3g�t� k�i �! d,.� Exhibit C Landscape Plan � �� i '� ' w� :g -4A , €E•� s �� : t r �� as; ; {,�, I t 1• I i mLL � T o; �-��- g e93t. � � ; FA.x 4 Q .a : q�5� fI��4�� i'� ;f � a}� if.8�e: � �� 3 F t�' ;! �i>`4? : c�FEF i' a� ;f �Q *�� g�¢� ,: �tf p� � g!� [ �� ` � f �§ ]a A5:6P3� E3 �7� 5 �� tf ��^� AE �i �, tE f: �.j i' S a. �� }� -g, r qt{ x�_� g e-�6��3 ��° �.-� a �� ; ��F ��9�{ p ��E g 1 d� (t� �) �� ,p! ��; �� . 5� �� i ��€ �� iC� l� � e�°� �� p6M $e� �y� �� Be�¢�� e � �8 s� �� `�� i� �'�� _ �� ` `'gp'� ;�� i;�� p � �°��y{BF�� ar i f � �� '- t�s i�j �:rT �� @ � �� "�� € f y� ' � `fi��g*� �a � �� t �l � � z x � ia l i ��s p� 1 � ItK� a !!¢ g�� t � t 1 ` � ( ; �6 c� � a;�� v � � E , , � i � E�!' i 1 �a ��9 eE e��i +� � 9�� 4E r� i fe �.�p 1 ��`I� �.Y a�. i„2 F� �t! ��}!e°�rii ir �. �t � � q�2 �� r �a # n : ti 4 f�� €� [ 6s r=:� � z ? � �' �'3 �ar �� 14'itz�� _�t,{ll!, -? _ � �?� �i� �l�l�&� a�4�� gl��r �4sa�; a�� ?�e$ �� E� � �iar �est �$E4 )�� 9��tt, ��t ..... � - �E ,.-t- ...',9t�..i : 3 _ 3 ES 5 6 a�E r�8§�R ��Q FF ��6 i:' •a yQ : • z�� x��7 � e�� i� 3 4 FQ��a� �p i9 � j�7 � �� " . -.�.�. - �� .±C• 3� � �� i°�e �`a`�� ?1 `�� o� �� q t ,��b „ �� o� �4� �� l� s 6. p � aJ ! • 93 : i �i �� 1 € #s j 3. � i 5q� • } �� i': �� s� � '� i �H� Y ! � �, ��i@i�,+ � � � i � . 1�� P� i E� j� '� y8 � ^�� I .� � 9� 5 �D' � !} S 44 5 / �s� �R � i i� ar 9@y Ep �� s�1€i ��a F� Q� �� i� °ss d i �a 2�9� .' ah9 s � ' � �SS °e� � g�a3 Ft ` t � €� ` �� `t� �� €� a� �� i�' Yq�SC ` , �� i F�� ' ��4 ,� �a.� 9F �� t ��aY� �'�' � �� ?' s� v— � 9��s `_..e +i da.�� .�1�� >P �.� F dH �a � flr 3Y8 >�e a, ,!; € � p� t�� Si �: �� :;�� frz �'I �, : 7 �' ��' , �; , 1'_ , 1 I ' .: i_ l ___ ', --�--,z, ��! �� i 5�� #�� ,i��ia,i; I �4 FF M\; � •it..��: W W� :� �� m� , �� .�� • .i: :j: :I� .�. . :j�;�j: �_�' . � � R Y . � A �� .. -� S�� ,. �_ �J � � � • , ia m r �oast .meEreuoirn � �cum . np�eRne.wr�r..y�.� � . , `� "'�' �..d. �d Aauqvyv�]� _ _ _ IXISIIHG TPEE TGAIlGTIONS � PH4dE 2 �e ��is .e.=! � �s� nwq� ��ea..l�f.nn-�Ppuwar..M�r.nu mn �s�w+due�r�.r.Jm�rr e'Mu� rw �-u.M � BELLE ��y� ��,�.FIRMA <sas rvann c.�m� E,or �� s�¢.vo r'w �,a..., oawc r�. �sxos