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2001-429 O IN^NCENO c O0/- q', q AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM SINGLE-FAMILY-7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ALLOWING MULTI-FAMILY USES FOR APPROXIMATELY 1 ACRE OF LAND COMMONLY KNOWN AS 702, 710, 714 AND 718 LAKEY STREET GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF LAKEY STREET AND WILSON STREET LOCATED IN THE H C HIRAM SURVEY, ABSTRACT 616, PROVIDING A CONCEPT PLAN ENCOMPASSING APPROXIMATELY 1 ACRE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z01-0033) WHEREAS, Denton Housing Authority initiated a change ~n zoning for approximately one acre of land from One Family Dwelhng (SF-7) zomng d~stnct classfficatlon and use designation to planned development (PD) zoning dmtrlct classfficatlon and use designation for mult~-famdy uses, and WHEREAS, on October 10, 2001, the P lanmng and Zoning Commission concluded a public hearing as required by law, and recommend approval of the requested change an zoning to a planned development district w~th conditions, and WHEREAS, the C~ty Council finds that the change xn zoning is consistent w~th the Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zomng district classfficatton and use designation of the approximately 1 acre property described m the legal description attached hereto and ~ncorporated herein as Exhibit A ~s changed from One Famdy Dwelling (SF-7) zomng d~stnct classfficat~on and use designation to Planned Development (PD) condltmned zoning district classification and use designation allowing multi-family uses and the Concept Plan attached hereto and incorporated here~n as Exhibit B ~s hereby approved, subject to the following cond~tions 1, Residents are limited to persons of age 62 and older 2, Conditions shown an ExNNt B SECTION 2 The City's official zoning map ~s amended to show the change ~n zomng d~strlct classification SECTION 3 If any pmv~slon oftNs ordinance or the apphcatlon thereof to any person or circumstance ~s held invalid by any court, such ~nvahdlty shall not affect the validity of other provisions or applications, and to this end the prov~mons of this ordinance are severable SECTION 4 Any person violating any provision oftNs ordinance shall, upon conviction, be Page 1 of 6 fined a sum not exceeding $2,000 00 Each day that a prowslon ofth~s ordinance is wolated shall constitute a separate and dmt~nct offense SECTION 5 That th~s ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be pubhshed twice in the Denton Record-Chromcle, a dmly newspaper published in the C~ty of Denton, Texas, within ten (10) days of the date of~ts passa~ PASSED AND APPROVED this the ~ ~ day of ~t~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM Page 2 of 6 Exhibit A Legal Description of Z01-0033 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE H C ~ HIRAM SURVEY, ABSTRACT NUMBER 616, AND BEING ALL OF A CALLED 0 34 ACP~ TRACT, DESCRIBED IN A DEED TO DENTON HOUSING AUTHORITY RECORED IN VOLUME 4581, PAGE 739, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING ALL OF TRACT OF LAND DESCRIBED IN DEED TO REVEREND MILTON LOTT et ux RECORDED IN VOLUME 4566, PAGE 2015, REAL PROPERTY RECORDS DENTON COUNTY, TEXAS, AND BEING ALL OF A CALLED 0 19 ACRE TRACT, DESCRIBED IN DEED TO DENTON HOUSING AUTHORITY RECORDED IN VOLUME 4560, PAGE 607, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING ALL OF A CALLED 0 19 ACRE TtLkCT DESCRIBED IN DEED TO DENTON HOUSING AUTHORITY RECORDED IN VOLUME 4560, PAGE 615, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A FOUND IRON PIN AT THE SOUTHWEST CORNER OF SAID 0 19 ACRE TRACT RECORDED IN VOLUME 4560, PAGE 615, BEING THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED 1N A DEED TO ROBERT ERVIN RECORDED IN VOLUME 2284, PAGE 460, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEiNG ON THE EAST LINE OF A TRACT OF LAND DESCRIBED IN A DEED TO BILLY RAY REDMON RECORDED iN VOLUME 2318, PAGE 412 REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, THENCE NORTH 00 DEGREES 32 MINUTES 49 SECONDS EAST WITH THE WEST LINE OF SAID 0 19 ACRE TRACT RECORDED IN VOLUME 4560, PAGE 615, A DISTANCE OF 50 04 FEET TO ~ FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID 0 19 ACRE TRACT RECORDED IN VOLUME 4560, PAGE 615, BEING THE SOUTHWEST CORNER OF SAID 0 19 ACRE TRACT RECORDED IN VOLUME 4560, PAGE 607, AND BEING ON THE EAST LINE OF A CALLED 0 1988 ACRE TRACT DESCRIBED IN A DEED TO WILLIAM FLOYD BILLS et ux, RECORDED IN VOLUME 4396, PAGE 436 REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS,, THENCE NORTH 01 DEGREES 13 MINUTES 49 SECONDS EAST WITH THE EAST LINE OF SAID BILLS TRACT, A DISTANCE OF 62 52 FEET TO A FOUND IRON PIN AT THE NORTHEAST CORNER OF SAID BILLS TRACT, BEING THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO JAMES L PRICE RECORDED IN VOLUME 635, PAGE 339, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING ON THE WEST LINE OF'SAID LOTT TRACT, THENCE NORTH 01 DEGREES 49 MINUTES 01 SECONDS EAST WITH THE EAST LINE OF SAID PRICE TRACT, A DISTANCE OF 55 44 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED H&N 1849 AT THE NORTHWEST CORNER OF SAID LOTT TRACT, BEING THE SOUTHWEST CORNER SAID 0 34 ACRE TRACT, AND BEING ON THE ,EAST LINE OF SAID PRICE TRACT, THENCE NORTH 01 DEGREES 13 MINUTES 13 SECONDS EAST WITH THE EAST LINE OF Page 3 of 6 SAID PRICE TRACT AND THE WEST LINE OF SAID 0 34 ACRE TRACT, A DISTANCE OF 95 00 FEET TO 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED H&N 1849 AT THE NORTHEAST CORNER OF SAID PRICE TRACT AND THE NORTHWEST CORNER OF SAID 0 34 ACRE TRACT, AND BEING ON THE SOUTH RIGHT-OF-WAY LINE OF WILSON STREET, THENCE SOUTH 88 DEGREES 38 MINUTES 36 SECONDS EAST WITH THE SOUTH RIGHT- OF-WAY LINE OF WILSON STREET AND NORTH LINE OF SAID 0 34 ACRE TRACT, A DISTANCE OF 157 03 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED H&N 1849 AT THE NORTHEAST CORNER OF SAID 0 34 ACRE TRACT, AND BEING THE INTERSCTION OF THE SOUTH RIGHT-OF-WAY LINE OF WILSON STREET AND THI~ WEST RIGHT-OF-WAY LINE OF LAKEY STREET, THENCE SOUTH 00 DEGREES 33 MINUTES 06 SECONDS WEST WITH THE EAST LINE OF SAID 0 34 ACRE TRACT, A DISTANCE OF 95 01 FEET 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED H&N 1849 AT THE SOUTHEAST CORNER OF SAID 0 34 ACRE TRACT, BEING ON THE NORTH LINE OF SAID LOTT TRACT, THENCE SOUTH 88 DEGREES 38 MINUTES 36 SECONDS EAST WITH THE NORTH LINE OF SAID LOTT TRACT, A DISTANCE OF 8 89 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED H&N 1849 AT THE NORTHEAST CORNER OF SAID LOTT TRACT, THENCE SOUTH 01 DEGREES 13 MINUTES 13 SECONDS WEST WITH THE EAST LINE OF SAID LOTT TRACT, A DISTANCE OF 68 00 FEET AT THE SOUTHEAST CORNER OF SAID LOTT TRACT AND THE NORTHEAST CORNER OF SAID 0 19 ACRE TRACT RECORDED IN VOLUME 4560, PAGE 607, THENCE SOUTH 01 DEGREES 29 MINUTES 28 SECONDS WEST WITH THE EAST LINE OF SAID 0 19 ACRE TRACT RECORDED IN VOLUME 4560, PAGE 607, A DISTANCE OF 50 00 FEET TO A FOUND IRON PIN AT THE SOUTHEAST CORNER OF SAID 0 19 ACRE TRACT RECORDED IN VOLUME 4560, PAGE 607 AND THE NORTHEAST CORNER OF SAID 0 19 ACRE TRACT RECORDED IN VOLUME 4560, PAGE 615, THENCE SOUTH 00 DEGREES 56 MINUTES 58 SECONDS WEST WITH THE EAST LINE OF SAID 0 19 ACRE TRACT RECORDED IN VOLUME 4560, PAGE 615, A DISTANCE OF 50 00 FEET TO A FOUND IRON PIN AT THE SOUTHEAST CORNER OF SAID 0 19 ACRE TRACT RECORDED IN VOLUME 4560, PAGE 615, THENCE NORTH 88 DEGREES 38 MINUTES 36 SECONDS WEST WITH THE SOUTH LINE OF SAID 0 19 ACRE TRACT RECORDED IN VOLUME 4560, PAGE 615, A DISTANCE OF 167 03 FEET TO THE POINT-OF-BEGINNING, AND CONTAINING IN ALL 0 989 ACRE OF LAND Page 4 of 6 Exhibit B Concept Plan of Z01-0033 Page 5 of 6 Concept Plan Requirements for Z01-0033 Relation to Master Plan' The Planned Development will be designed to be compatible with the surrounding neighborhood and ~s consxstent with the intent of The Denton Plan Acreage. Approxxmately 1 acre Land Use Allowed' Planned Development for Mult~ family for two £our-plex umts for elderly housing (Maximum density 8 umts per acre) Residence ~s hmlted to person of ages 62 or older Development Standards. 1 M~mmum Lot Area 6,000 square feet 2 Minimum Lot W~dth 60' 3 M~mmum Lot Dept 100' 4 Minimum Setbacks a Front 25' b Side 10' or 1' per 2' ofhexght not to exceed 50' c Rear 10' or 1' per 2' ofhexght not to exceed 50' 5 Maximum Bufldmg Hexghts One (l) Story 6 Maximum Building Coverage 40% 7 Parking Standards MF-1 Zoning D~stnct requirements The Detailed Plan will address the following ~ssues 1 The architecture shall appear as a single-family house 2 Open space 3 Adequate buffering Page 6 of 6