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2016-308S:\Legal\JADE Planning and Zoning Folders\2016.039 PD174 detailed plan\PDA16-0004 Ordinance Final.docx IbIl a LVA 11 1914.1 MU IN 1 MEMO III WHEREAS, Applicant Stephen Gordon with Vintree & Associates ("Applicant") requests to develop approximately 3.26 acres of property located within the Country Lakes North Planned Development District (PD -174), generally located on the southeast side of John Paine Road, approximately 110 feet northeast of Athens Drive, in the City of Denton, Denton County, Texas, Country Lakes North Phase 3A 1 & 3B, Block P, Lot 19, and legally described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, PD -174 Zoning District was approved by the City Council on June 15, 1999 pursuant to Ordinance No. 99-205 to include 396.7 acres of land, which includes the Property; and WHEREAS, Applicant requests the approval of a Detailed Plan for the Property in order to develop an amenity center on the Property, as depicted in Exhibits B andC attached hereto and incorporated herein by reference; and WHEREAS, on August 10, 2016, after required notice, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the Detailed Plan with conditions; and WHEREAS, the City Council finds that the Amended Concept Plan is consistent with the plans for the entire PD -174 Zone and the Detailed Plan is consistent with the Concept Plan, which Concept Plan and Detailed Plan are both consistent with the Denton Plan 2030 and the Denton Development Code; NOW, THEREFORE 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. Detailed Plan Adopted. The Detailed Plan for the Property is hereby approved as reflected in Exhibits A 1 and `, attached hereto and incorporated by reference, subject to the following conditions: 1. All original conditions of approval and subsequent modifications associated with PD -174 District shall remain valid, unless specified herein; 2. The Detailed Plan and Landscape Plan as submitted and shown in Exhibits B and C shall guide the development of the site; and 3. The elevation drawing and site details submitted and shown in Exhibit D shall guide the development of the site. SECTION 4. Savings Clause. The provisions of this ordinance shall govern and control over any conflicting provisions of previously applicable ordinances. To the extent the previously applicable ordinances do not conflict or do not apply to the Property, those Ordinances shall continue in full force and effect. SECTION 5. Amended PD. A copy of this ordinance shall be attached to Ordinance No 99-205 showing the Detailed Plan herein approved, or attached to any other applicable ordinances as determined by the Director of Development Services, or his/her designee. SECTION 6. Penalty. Any person, firm, entity or corporation violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00 for each violation. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. The penal provisions imposed under this Ordinance shall not preclude Denton from filing a civil suit to enjoin the violation and it retains all legal rights and remedies available under local, State, and Federal law. SECTION 7. Severability. 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 the provisions or applications, and to this end the provisions of this Ordinance are severable. SECTION 8. Effective Date. 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 ANIS APPROV1{D this tl ea&` , day o1' 2016. f CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY alm Page 2 of 7 m I MA v I Lei ILA 02 1 Page 3 of 7 -9 -61 11 We, X911101WA63MR100•I L Exhibit A Being all that certain lot, tract or parcel of land situated in the B. Merchant Survey, Abstract Number 800 in the City of Denton, Denton County, Texas and being a part of Lot 2, Block A of Wheeler Ridge Commercial, an addition to the City of Denton, Denton County, Texas according to the Conveyance Plat thereof as recorded in Document Number 2010-177 of the Plat Records, Denton County, Texas; the subject tract being more particularly described as follows; BEGINNING at a capped V2" iron rod stamped "KAZ" set for the Northwest comer of the herein described tract and the Northeast comer of Lot 5, Block A of Wheeler Ridge Commercial, an addition to the City of Denton, Denton County, Texas according to the Final Plat thereof, as recorded in Document Number 2011- 128 011-128 of the Plat records, Denton County, Texas and being in the South Right of Way line of Robinson Road; Thence South 89 degrees 13 minutes 15 seconds East with the South line thereof a distance of 196.74 feet to a capped V2" iron rod stamped "KAZ" set in the South line of said road; Thence South 62 degrees 19 minutes 41 seconds East with the South line thereof and North line of said Lot 2 a distance of 10.33 feet to a capped 1/2" iron rod stamped "KAZ" set for in the South line of said road; Thence South 89 degrees 25 minutes 42 seconds East with the said common line a distance of 92.29 feet to a capped 1/2" iron rod stamped "KAZ" set for in the South line of said road and North line of said Lot 2 for the Northeast corner of the herein described tract; Thence South 00 degrees 32 minutes 04 seconds West a distance of 202.13 feet to a capped 1/2" iron rod stamped "KAZ" set for the Southeast corner of the herein described tract and being in the South line of said Lot 2 and the North line of Lot 1, Block A of Wheeler ridge Commercial, an addition to the City of Denton, Denton County, Texas according to the Final Plat thereof, as recorded in Document Number 2010-178 of the Plat Records, Denton County, Texas; Thence South 87 degrees 35 minutes 40 seconds West with the common line thereof a distance of 208.73 to a'/2" iron rod found for the Northwest comer of said Lot I and being in the East line of Lot 4, Block A of Wheeler Ridge Commercial, an addition to the City of Denton, Denton County, Texas according to the Final Plat thereof, as recorded in Document Number 2013-142 of the Plat Records, Denton County, Texas; Thence North 01 degrees 17 minutes 03 seconds East with the West line thereof a distance of 25.64 feet to a capped V2" iron rod stamped "KAZ" set for the Northeast corner of said Lot 4; Thence North 87 degrees 14 minutes 34 seconds West with the North line thereof a distance of 79.27 feet to a "X" cut found for the Southwest comer of the herein described tract and being in the north line of said Lot 4 and the Southeast Curve of said Lot 5; Thence North 02 degrees 24 minutes 20 seconds West with the East line thereof a distance of 190.00 feet to the PLACE OF BEGINNING and enclosing 1.38 acres of land more or less Page 4 of 7 Page 5 of 7 gi IRAC I Irk INN 0>1 ]on svxaL'ALNnOO NOW30 Na1N3o.40 WO SNOVOL61 Numw Emu u3133wm vuwm SlOI RMOH33UISAVU31 NVId MS I lot ;P its pig!! 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