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2001-148 NOTE. Amended by Ordinance No. 2001-301. AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A ZONING PLAN FOR APPROXIMATELY 24 ACRES LOCATED WITHIN A SINGLE FAMILY (SF-7) ZONING DISTRICT, TO CHANGE TO A PLANNED DEVELOPMENT (PD) DISTRICT TO ALLOW FOR MULTI-FAMILY USES, THE SUBJECT PROPERTY BEING LOCATED BETWEEN UNIVERSITY DRIVE AND MINGO ROAD, APPROXIMATELY 500' EAST OF RUT)DELL STREET, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (ZP-01-0001) WHEREAS, on February 1, 2000, the City Council adopted Ordinance No 2000-046 winch established certain residential interim regulations (the "Residential Interim Regulations"), WHEREAS, the Residential Interim Regulations established, among other things, a Zomng Plan requirement in the event of a request to rezone property, and WHEREAS, on January 22, 2001, SENT Corporation, on behalf of Southwest Housing Development, applied for a change in zomng for 22 7 acres of land located between University Drive and Mmgo Road, approximately 500' east of Ruddell Drive, from a Single Family (SF-7) zomng district classification and land use designation to Planned Development (PD) zoning district classification and land use demgnatlon with the intent to develop a senior housing muir- family complex with a community center which application includes a Zoning Plan, a copy of which is attached hereto as Exhibit "B" (the Zoning Plan"), and WHEREAS, on March 14, 2001, the Planning and Zoning Commission recommended approval of the requested change in zomng and the Zoning Plan, and WHEREAS, the City Council finds that the Zoning Plan, with the conditions imposed herein, meets the requirements of the Residential Interim Regulations and is consistent w~th the approved 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zoning district classification and land use designation of the approximately 24 acres property described in the legal description attached hereto and incorporated herein as Exhibit A (the "Property") is changed from Single Family (SF-7) zoning dismet classification and land use designation to Planned Development (PD) zoning district clasmficatlon and land use designation under the comprehensive zomng ordinance of the City of Denton, Texas to allow a senior housing complex with a community center in accordance with the Zoning Plan The Zoning Plan and smd change in zoning are hereby approved, subject to the followmg~condltlons 1 All hghtlng from the development will not be allowed to reflect upward into the night sky S \Our Docurrgnts\Orflmanees\Ol~ZP Ol 0001 doc 2 A commumty center, not to exceed 6,000 square feet, is added to the allowed uses 3 A solid screening fence of wood panels with metal posts shall be added to the entire western property line 4 The monument signs shall be placed a mlmmum of 10' from respective property lines 5 Parking for the park s~te shall be internal to the park and no parking for the park s~te shall be allowed on or adjacent to the cul de sacs in the adjacent s~ngle family residential subdlwslon 6 The existing fence along the east s~de of the Property shall either remain or be replaced by a fence that is equivalent to or better than the emstmg fence 7 Park development and access to the park from the east will be coordinated with residents of the single family subdlv~slon adjacent to the Property SECTION 2 The C~ty's official zoning map is amended to show the change in zomng district classification SECTION 3 If any proms~ons or the application thereof to any person or circumstance ~s held mvahd by any court, such invalidity shall not affect the vahdlty of other provisions or apphcat~ons, and to this end the provisions of th~s ordinance are severable SECTION 4 Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceechng $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION 5 This ordinance shall become effective fourteen (14) days from the date of its passage, and the C~ty Secretary is hereby directed to cause the caption of th~s ordinance to be published twine in the Denton Record Chronicle, official newspaper of the City of Denton, Texas, w~thm ten (10) days of the date of its passage PXSSED AND APPROVED this the ..fl/{.~ dayof ~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIF/.~ER WALTERS, CITY. SECRETARY PAGE 2 APPROVED AS TO LEGAL FORM PAGE 3 Exhibit A Legal Description FIELD NOTES to all that certmn tract of land situated m the J D Lilly Survey Abstract Number 762, City of Denton, Denton County, Texas and being a part of the called 29 167 acre tract described in the deed from Dan Trammell to Mobility Systems, Inc recorded ~n Volume 2650, Page 956 of the Real Property Records of Denton County, Texas, the subject tract being more particularly described as follows BEGINNING for the Northwest comer of the tract being described herein at a 1/2 inch iron rod found at the Northwest comer of the smd 29 167 acre tract on the South right-of- way ofU S Highway 380 CUmvers~ty Dr ), THENCE North 70 Degrees 58 Minutes 34 Seconds East with the South right-of-way of U S H~ghway 380 and the North line of the 29 167 acre tract a distance of 259 91 feet to the West right-of-way of a proposed public street from which a 1/2 inch iron rod found at a salient comer of the 29 167 acre tract bears North 70 Degrees 58 Minutes 34 Seconds East a distance of 68 00 feet, THENCE Southerly across the 29 167 acre tract the following 6 calls 1 South 19 Degrees 01 Minutes 26 Seconds East with the West nght-of-way of the said proposed street a distance of 134 21 feet, 2 with the South nght-of-way of the smd street along the arc of a curve to the left having a radius of 60 00 feet, an arc length of 167 57 feet (chord beanng South 43 Degrees 33 Minutes 03 Seconds East a distance of 118 18 feet), 3 South 19 Degrees 02 Minutes 05 Seconds East a distance of 36 02 feet, 4 South 88 Degrees 50 Minutes 25 Seconds East a d~stance of 46 30 feet, 5 South 01 Degrees 17 Minutes 02 Seconds West a distance of 742 60 feet, 6 South 88 Degrees 42 Minutes 58 Seconds East a distance of 200 00 feet to the East line of the 29 167 acre tract, THENCE South 01 Degrees 17 Minutes 02 Seconds West along a wire fence with the East line of the 29 167 acre tract a d~stance of 787 97 feet to the Southeast comer thereof on the North side of Mlngo Road, THENCE South 52 Degrees 22 Minutes 48 Seconds West generally along a fence with the South line of the 29 167 acre tract a dmtance of 789 70 feet to a 5/8 inch iron md found at the Southwest comer thereof, THENCE North 00 Degrees 29 Minutes 24 Seconds East with the West hne of the 29 167 acre tract a distance of 1,128 98 feet to a 1/2 inch iron rod found at an angle point m the West hne thereof, THENCE North 01 Degrees 09 Minutes 35 Seconds East with the West line of the 29 1673 acre tract a d~stance of 1,050 78 feet to the PLACE OF BEG1N1NG and enclosing 23 577 acres of land S \Our Documents\Ordlnances\Ol\lcgal dl ZP-OI-O001 doc O INANCE NO 2001- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 2001- 148 TO PROVIDE FOR A PROJECT/DETAILED PLAN FOR 29 2 LOCATED WITHIN A PLANNED DEVELOPMENT (PD-195) AND ONE FAMILY DWELLING (SF-7) ZON1NG DISTRICTS, THE SUBJECT PROPERTY BEING LOCATED BETWEEN UNIVERSITY DRIVE AND MINGO ROAD, APPROXIMATELY 500' EAST OF RUDDELL STREET, COMMONLY KNOWN AS 1551 MINGO ROAD, PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z01-0017) WHEREAS, on February 1,2000, the C~ty Councd adopted Or&nance No 2000-046 wluch estabhshed certmn res~dentml interim regulatmns (the "Res~dentml Interim Regulations"), WHEREAS, the Residential Interim Regulations estabhshed, among other th~ngs, a Project Plan reqmrement, and WHEREAS, on April 3, 2001, by Or&nance 2001-148, the C~ty counml approved a change ~n zomng and Zoning Plan for 29 2 acres of land, to Planned Development (PD-195) zomng &strict classfficat~on and land use demgnat~on, and WHEREAS, on June 5, 2001, Allen Bussell of SENT CORP submitted a Project/Detailed Plan for 29 2 acres located w~thln PD-197 and One Family Dwelhng District (SF-7) zomng chstncts w~th the intent to develop a senior housing multffamdy complex and pubhc park, and WHEREAS, on July 25,2001, the Planmng and Zoning Comm~ssaon recommended approval of the requested change ~n zonmg w~th the con&t~ons imposed here~n, meets the reqmrements of the Resldentml Interim Regulatmns and is consistent w~th the approved 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Ordinance 2001-148 prowdlng for the approval of a Planned Development Zomng D~stnct Classfficat~on and Use Designation for the property described as PD-195 ~s amended by appromng the ProJect/Detailed Plan attached hereto and ~ncorporated here~n by reference as Exhibit B for 29 2 of land located within PD-195, more particularly descrtbed by the legal descnptmn attached hereto and ~ncorporated here~n by reference as Exhibit A, subject to the following condition L~ghtlng on the property should be designed and mmntmned so as not to sh~ne on or otherwise dmturb the surrounding residential properties or to sh~ne and project upward to prevent the d~ffusmn ~nto the mght sky SECTION 2 The prov~mons ofth~s or&nance as they apply to the 29 2 acres shown ~n the Project/Detmled plan here~n approved shall govern and control over any conthct~ng prowmons of PAGE 1 Ordinance 2001-148 SECTION 3 A copy ofthls ordinance shall be attached to Ordinance 2001-148 showing the amendment hereto approved SECTION 4 If any section, subsection paragraph, sentence, clause, phrase, or word in th~s ordinance, or appheation thereof to any person or circumstances is held lnvahd by any court of competent juns&etlon, such holding shall not affect the vahd~ty of the remaining portions of this ordinance, and the City Cotmcfl of the City of Denton, Texas hereby declares it would have enacted such remalmng portions despite any lnvabdlty, and to this end the provamons of thru ordinance are severable SECTION 5 Any person wolatmg any provision of this or&nance 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 6 This ordinance shall become effective fourteen (14) days fi.om the date of~ts passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chromcle, a daffy newspaper pubbshed in the City of Denton, Texas, w~thln ten (10) days of the date of its passage PASSED AND APPROVED thru thec2q/~ dayof (,~/Z~t_ ,2001 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM PAGE 2 Exhibit A Legal Descrlptton for Z01-0017 Bluffvlew Villas BEGINNING for the Northwest comer of the tract being described hereto at a 1/2 tach tron md found at the Northwest comer of the said 29 167 acre tract and the Northeast comer of Lot 1, Block 1, Bowling Addition as shown by the plat thereof recorded m Cabinet Q, Page 126 of the Plat Records of Denton County, Texas on the South right-of- way of Umverslty Drive, THENCE North 70 Degrees 58 Minutes 34 Seconds East w~th the South right-of-way of Umverslty Drive and the North line of the 29 167 acre tract a &stance of 327 91 feet to a 1/2 tach tron rod found at a salient comer thereof on the South line of the called 12 00 acre tract described tn the deed fi.om Del Holmes et ux to C E Curry et ux recorded m Volume 345, Page 213 of the Deed Records of Denton County, Texas at its intersection with the Southeast right-of-way of H~ghway 380 and the Southerly Southeast comer of the tract of land described m the deed to the State of Texas recorded m Volume 307, Page 601 oftbe Deed Records of Denton County, Texas, THENCE North 89 Degrees 57 Minutes 55 Seconds East wtth the South line of the said 12 00 acre tract a dtstance of 325 01 feet to the Northwest comer of Lot I, Block 11, Remscd Sequom Park Subdtmston as shown by the plat thereof record tn Volume 413, Page 408 oftbe said Plat Records fi.om which a 1/2 tach tron rod found at the Northeast comer of the 29 167 acre tract bears North 01 Degrees 17 Minutes 02 Seconds West a d~stance of 2 0 feet, THENCE South 01 Degrees 17 Minutes 02 Seconds West wth the East line of the 29 167 acre tract and the West line of Revised Sequom Park passing at 1146 46 feet a I/2 tach ~ron rod found at the Westerly Southwest comer thereof and the Northwest comer of the called 3 999 acre tract descrtbed m the deed fi.om David Harnson et ux to Doug Peck et ux recorded under Clerk's File Number 97-R0045103 of the said Real Property Records and cgntmumg along the same course, m all, a total dtstance of 1,804 60 feet to the Southeast comer of the 29 167 acre tract on the North stde of Mmgo Road as occupied, THENCE South 52 Degrees 22 Minutes 48 Seconds West along the occupied North stde of Mmgo Road w~th the South line of the 29 167 acre tract a dtstance of 789 70 feet to a 5/8 tach tron rod found at the Southwest comer thereof and the Southeast comer of Lot 1, Block 1, CJreenwtch Vdlage Town Homes Addttlon as shown by the plat thereof recorded m Cabinet H, Page 294 of the satd Plat Records, THENCE North 00 Degrees 29 Minutes 24 Seconds East w~th the West line of the 29 167 acre tract a distance of 1,128 98 feet to a 1/2 tach ~ron rod found at an angle point thereto, THENCE North 01 Degrees 09 Minutes 35 Seconds East voth the West line of the 29 167 acre tract a dtstance of 1,050 78 feet to the PLACE OF BEGIN1NG enclosing 29 137 acres of land t ,111 1[ili ~ 32 34 /..~; ITM . . ; '"