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2001-301 ORDINANCE NO 2001- ,~0 ] 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) ZONING 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 City Council adopted Ordinance No 2000-046 winch established certain residential interim regulations (the "Remdentlal Interim Regulations"), WHEREAS, the Residential Interim Regulations established, among other things, a Projeet Plan requirement, and WHEREAS, on April 3, 2001, by Ordinance 2001-148, the City council approved a change an zoning and Zoning Plan for 29 2 acres of land, to Planned Development (PD-195) zoning district classification and land use designation, and WHEREAS, on June 5, 2001, Allen Bussell of SENT CORP submitted a Project/Detailed Plan for 29 2 acres located within PD-197 and One Family Dwelling Distract (SF-7) zomng dismets with the intent to develop a senior housing multlfamfly complex and public park, and WHEREAS, on July 25, 2001, the Planning and Zomng Commission recommended approval of the requested change in zoning w~th the conditions ~mposed herein, meets the requirements of the Residential Interim Regulations and is consistent with the approved 1999-2020 Denton Comprehonslve Plan, NOW, THEREFORE THE CO!4TNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Ordinance 2001-148 providing for the approval of a Planned Development Zoning District Classification and Use Designation for the property described as PD-195 is amended by approymg the ProjectYI)etalled Plan attached hereto and incorporated herein by reference as Exhibit B for 29 2 of land located within PD-195, more particularly described by the legal description attached hereto and incorporated here~n by reference as Exhibit A, subject to the following condition Lighting on the property should be designed and mantamed so as not to shine on or otherwise disturb the surrounding residential propemes or to shine and project upward to prevent the diffusion into the mght sky SECTION 2 The provisions of tins ordinance as they apply to the 29 2 acres shown in the Project/Dietalled plan herein approved shall govern and control over any conflicting provisions of PAGE 1 Ordinance 2001-148 SECTION 3 A copy ofthm orrhnance shall be attached to Ordinance 2001-148 showing the amendment herein approved SECTION 4' if any section, subsection paragraph, sentence, clause, phrase, or word in thru ordinance, ,or appheatlon thereof to any person or clmumstances ~s held invalid by any court of competent ~unsdxctlon, such holding shall not affect the vahd~ty of the remmmng portions of this ordinance, and the City Council of the Cxty of Denton, Texas hereby declares it would have enacted such remaining portxons despite any mvahd~ty, and to this end the prowmons of thru ordinance are severable SECTION 5 Any person violating any provision of this ordinance shall, upon conwctlon, be fined a sum not exceeding $2,000 00 Each day that a provlmon ofth~s ordinance ~s wolated shall constitute a separate and d~stmct offense SECTION 6 This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby chrected to cause the caption of this ordinance to be pubhshed twice in the Denton Record-Chromcle, a dmly newspaper pubhshed ~n the City of Denton, Texas, w, tlun ten (10) days of the date of its passage PASSED AND APPROVED tins the 6~/~b~'~day of (/~ ~Z~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM PAGE 2 Exhibit A Legal Description for Z01-0017 Bluffwew Villas BEGINNING for the Northwest comer of the tract being described herem at a 1/2 tach iron rod 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 in Cabinet Q, Page 126 of the Plat Records of Demon County, Texas on the South right-of- way of Umversity Drive, THENCE North 70 Degrees 58 M~nutes 34 Seconds East with the South right-of-way of Umverstty Drive and the North lme of the 29 167 acre tract a distance 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 m 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 Demon County, Texas at its intersection with the Southeast right-of-way of Highway 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 with the South lme of the said 12 00 acre tract a dtstance of 325 01 feet to the Northwest comer of Lot l, Block I l, Revised Sequom Park Subdivision as shown by the plat thereof record m Volume 413, Page 408 of the said Plat Records fi.om which a 1/2 mch ~ron rod found at the Northeast comer of the 29 167 acre tract bears North 01 Degrees 17 Minutes 02 Seconds West a distanco of 2 0 feet, THENCE South 01 Degrees 17 Minutes 02 Seconds West with the East line of the 29 167 acre tract and the West lme of Revised Sequoia Park passing at 1146 46 feet a 1/2 tach won rod found at the Westerly Southwest comer thereof and the Northwest comer of the called 3 999 acre tract described m the deed fi.om David Harrison et ux to Doug Peck et ux recorded under Clerk's File Number 97-R0045103 of the said Real Property Records and continuing along the same course, m all, a total distance of 1,804 60 feet to the Southeast comer of the 29 167 acre tract on the North side of Mmgo Road as occupied, THENCE South 52 Degrees 22 Mmutes 48 Seconds West along the occupied North side of Mmgo Road with the South line of the 29 167 acre tract a distance of 789 70 feet to a 5/8 meh ~ron rod found at the Southwest comer thereof and the Southeast comer of Lot l, Block l, Greenwich Village Town Homes Addition as shown by the plat thereof recorded m Cabinet H, Page 294 of the said Plat Records, THENCE North 00 Degrees 29 Minutes 24 Seconds East with the West line oftbe 29 167 acre tract a chstance of 1,128 98 feet to a 1/2 mch ~ron rod found at an angle point thereto, THENCE North 01 Degrees 09 Minutes 35 Seconds East with the West line of the 29 167 acre tract a distance of 1,050 78 feet to the PLACE OF BEGINING enclosing 29 137 acres of land i 'l', ijl ~lil!! 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