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1999-070 O CENO q-O AN 08 TO PROVIDE FOR A DETML~D PL~ FOR 13 31 AC~S LOCATED ~TH~ PLAID DEVELOPMENT 39 ~D-39) ZO~G DIST~CT, THE S~JECT PROPERTY BErG LOCATED ON THE SOUTHEAST CO~ER OF STUNT RO~ ~ LOOP 288, PROVinG A SAV~GS CLAUSE, PROVID~G FOR A PENALTY ~ THE M~IM~ ~O~T OF $2,000 00 FOR ~OLATIONS THE~OF, A~ PROVID~G FOR ~ EFFECT~E DATE (Z-99-001) ~E~AS, on J~u~ 12, 1982, by Ordinate 82-08, the C~ty Co.cfi approved a ch~ge m zomng for 60 acres ofl~d to Plied D~velopment 39 (PD-39) Zoning D~stnct, and ~E~AS, on J~u~ 8, 1999, B~ B~ke, on behalf of Fo~ Wdh~sb~g Squ~e, LTD, submxtted a detmled pl~ for 15 31 acres located w~m PD-39, ~d ~E~AS, on J~u~ 27, 1999, the Plying and Zoning Co~msmn reco~ended approval ora Detmled PI~ for such 15 31 acres, ~d ~E~AS, ~e City Co~ml finds that ~e Detmled PI~ is ~n comph~ce w~th the Conc~t PI~ for Plied Developm~t 39 (PD-39) Zomng D~stnct, ~e 1988 Denton Development PI~, ~e 1998 Denton PI~ Pohm~s ~d the Grow~ M~agement S~ateg~es PI~, NOW, THE~FO~, THE CO~CIL OF THE CITY OF DENTON HE.BY O~A~S SECTION I That Or~n~c~ No 82-08 prowdmg for the approval of a Plied Development Zomng Dmmct Classffieat~on ~d Use Designation for ~e propeay desmbed as PD-39 is ~endod by approving th~ Detmled PI~ a~ached hereto ~d ~nco~orated here~n by reference 'as E~b~t B for 15 31 acres located w~n PD-39, more p~mul~ly described by the legal descnptmn attached hereto ~d ~nco~orated herem by reference as Ex~b~t A The prope~y ~erem d~scnbed shall be cons~cted, used ~d mamtmned m accord~ce w~ the approved detml pl~, ~d shall bo subsect to the following additional cond~tmns 1 That ~e bmldmg ~onts shall be cons~cted of 100% m~o~ excluding w~ndows ~d doors 2 The g~ages ~e to be set back 25 feet behind ~e bmldlng hne 3 One (1) ~ is to be plated m ~e C~ n~t-of-way for eveu 50 lme~ feet of s~eet ~ontage m addition to the mln~mm l~dscap~ng indicated on ~e detmled pl~ SECTION II That ~e prows~ons of th~s ordinance as ~ey apply to the 15 31 acres shown in the detmled pl~ herein approved, shall govern ~d control over ~y conflmtmg prowslons of Ordln~ce No 82-08, but all the prowslons of Ordinate No 82-08 as they apply to that re~ammg portion of the district not harem amended, shall contanue in fome and effect and shall apply to the remainder of smd district SECTION III That a copy of this ordanance shall be attached to Ordinance No 82-08 showing the amendment herem approved SECTION IV That any person vlolatlng any provision of this ordinance shall, upon conviction, be freed a sum not exceeding $2,000 00 Each day that a provision of this ordmance is violated shall constitute a separate and chstmct offense SECTION V That tbas orchnanee 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 Chromele, official newspaper of the City of Denton, Texas, within ten (10) days of the date of~ts passage PASSED AND APPROVED th~s the e2~~ dayof ~~ ,1999 ATTEST JENNIFER WALTERS, CITY SECRETARY 2sro° HERBERT L PROUTY, CITY ATTORNEY PAGE 2 EXHIBIT A PD-39 at FORMAN WILLIAMSBURG SQUARE 18 Feb 99 Zoning Dmtnet Description All that certain 15 31 acre tract of land situated in the Samuel McCracken Survey, Abstract No 817, Denton County, Texas, smd tract being part of a tract described in a Deed to Harold Clark and recorded in Volume 796, Page 285 of the Deed Records of Denton County, Texas, smd tract being further described herein by metes and bounds as follows BEGINNING for the southwest comer of the tract being described herein, at a point in Smart Road in the west line of said Clark Tract, smd point lying North 00°09'00'' East 465 00 feet from the southwest comer of smd Clark Tract, THENCE North 00009'00" East 110 5 feet with Stuart Road and the west line of smd Clark Tract to a point for comer, THENCE South 89°19'30" East 263 79 feet to a point for comer, THENCE North 00009'00" East 310 91 feet to a point for comer in the south line of a tract described in a deed to the State of Texas for Loop 288 as recorded in Volume 1068, Page 377 of the Deed Records of Denton County, Texas, THENCE North 89033'26" East 681 15 feet with the south line of Loop 288 to a point of curvature, THENCE easterly with an arc of curve to the right along the south line of Loop 288 with radius of 5,619 58 feet, central angle of 8°21'14", length of 819 35' and chord bearing South 86o14'52" East 818 63 feet to a point for comer, THENCE South 00o43'42" West 392 37 feet to a point for comer, THENCE North 89o16, 18" West 1,758 03 feet to the POINT OF BEGINNING and enclosing m all 15 31 acres of land EXHIBIT B EXHIBIT B, PAGE 2