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2000-063 ORDINANCE NO ,~°~tSgT-Rb,~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 70- s2 TO PROVIDE FOR A DETAINED PLAN FOR 10 06 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 9 PD-9> ZONINS DISTRICT, THE S SECT PROPERTY BEING LOCATED BETWEEN MULKEY AND AUDRA STREETS NORTH OF PAISLEY 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 (Z-99-08g) WHEREAS, on December 8, 1970, by Ordinance 70-52, the City Council approved a change ,n zonmg for 13 8 acres of land to Planned Development 9 (PD-9) Zoning Dmmct, and WHEREAS, on January 19, 2000, by Ordinance 2000-025, the City Council approved an amended Concept Plan for 13 64 acres of land located within PD-9 with the intent to develop a new pubhc school famhty, and WHEREAS, on October 26, 1999 Burke Engmeenng, on behalf of Denton Independent School D~stnct, submitted a Detmled Plan for 10 06 acres of land located within PD-9 w~th the ~ntent to develop a new public school faethty, and WHEREAS, on January 26, 2000, the Planning and Zonang Conumsslon recommended approval cfa Detailed Plan for such 10 06 acres, and WHEREAS, the Caty Council finds that the Detailed Plan as consmtent with the approved amended Concept Plan for PD-9, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That Ordinance No 70-52 prowdmg for the approval of a Planned Development Zomng Dmtnct Clasmficat~on and Use Demgnatlon for the property described as PD-9 is amended by approving the Detmled Plan attached hereto and incorporated hereto by reference as Exhlbn B for 10 06 acres located w~thln PD-9, more particularly described by the legal description attached hereto and incorporated herein by reference as Exhibit A, subject to the following condmon L~ghtmg on the property shall be designed and mamtmned so as not to sNne on or otherwme disturb surrounchng remdent]al property or to shine and project upward to prevent the diffusion rotc the night sky ~ That the provm~ons of this ordinance as they apply to the 10 06 acres shown m the detmled plan hereto approved, shall govern and control over any conflicting provisions of Ordinance No 70-52, but all the provisions of Ordinance No 70-52 as they apply to that remmmng port~on of the dmtnct not hereto amended, shall continue in force and effect and shall apply to the remaander of smd dmtnct SECTION 3 That a copy of th~s ordinance shall be attached to Ordinance No 70-52 showing the amendment here~n approved SECTION 4 That any person vlolatang any prows~on of this ordanance shall, upon conviction, be fined a stun not exceeding $2,000 00 Each day that a provision of this ordanance is wolated shall eonstnute a separate and d~stanet offense SECTION 5 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 thas ordinance to be pubhshed twice m the Denton Record Chromcle, official newspaper of the City of Denton, Texas, within ten (10) days of the date ofats passage PASSED AND APPROVED this the /D~'-t'~ day of ~~ ,2000 J^C . y LER, MXYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY BY ~-- PAGE 2 EXHIBIT A 10 06 ACRES (DISD PORTION OF PD 9) FIELD NOTES to all that a ceamn tract of land situated in the J Brock Survey Abstract Number 55, City of Denton, Denton County, Texas and being pan of the called 15 755 acre tract described In the deed from Realty Alliance of Texas, Ltd, to James Coleson recorded under C F N 93-R0027172 of the Real Propeay Records of Denton County, Texas, the subject tract being more paatcularly descnbed as follows BEGINNING for a reentrant comer of the said 15 755 acre tract being South 00 Degrees 10 Minutes 35 Seconds West a distance of 641 70 feet and East a distance of 349 0 feet from the intersection of the South right-of-way line of Lattlmore Street and the East right- of-way line of Mulkey Lane, THENCE South 89 Degrees 23 Minutes 32 Seconds East a dtstmlce of 532 76 feet to a point for a comer, THENCE South 21 Degrees 09 Minutes 35 Seconds West along the West right-of-way line of Audra Lane a distance of 703 68 feet to a point for a comer, THENCE South 89 Degrees 52 Minutes 50 Seconds West a distance of 148 66 feet to a point for a corner, THENCE Noah a distance of 149 20 feet to the beginning of the curve to the left, THENCE Westerly along said curve (having a radius of 396 06 feet), an arc length of 9 83 feet (chord beenng Noah 89 Degrees 17 IVltnutes 20 Seconds West a distance of 9 83 feet) to a po,at or comer, THENCE West along the North right-of-way line of Meadow Oak Dave a distance of 270 00 feet to a point for a comer, THENCE South 89 Degrees 00 Minutes 00 Seconds West a distance of 273 00 feet to a point for a comer, THENCE Noah 15 Degrees 27 Minutes 00 Seconds East a distance of 431 00 feet to a point for a corner, THENCE North 12 Degrees 00 IVhnutes 00 Seconds East a distance of 170 00 feet to a point for a corner, THENCE South 76 Degrees 46 Minutes 19 Seconds East a distance of 279 99 feet to the POINT OF BEGINNING and enclosing 10 06 acres of land