HomeMy WebLinkAbout1998-074Z-98 003 doe
ORDINANCE NO G S - 0 r] �
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE PLANNED
DEVELOPMENT DISTRICT CREATED BY ORDINANCE 70-52, TO PROVIDE FOR
AMENDMENT TO THE CONCEPT PLAN TO ALLOW MINIMUM LIVING SPACE OF 538
SQUARE FEET FOR ONE BEDROOM APARTMENT AND APPROVAL OF A DETAILED
PLAN FOR 3 59 ACRES THEREIN AS SHOWN IN THE ATTACHED DETAILED PLAN FOR
THE FAIROAKS RETIREMENT APARTMENTS, THE SUBJECT PROPERTY BEING
LOCATED ON THE SOUTHSIDE OF LATTIMORE STREET, APPROXIMATELY 120 FEET
WEST OF MULKEY STREET AND EXTENDING 650 FEET SOUTH, PROVIDNG FOR A
SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000 OG FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Ordinance 70-52 provided for the creation of a planned development district
and the approval of a concept plan for 13 8 acres of land bounded by Lattimore Street to the North,
Paisley to the South, Mulkey Street to the West, and Audra Lane to the East, and
WHEREAS, Dr Cheryl Harding, on behalf of Fairoaks of Denton, Inc, has applied for an
amendment to the approved concept plan for PD-9 to allow for a minimum living space of 538
square feet for a one bedroom apartment and approval of a detailed plan for 3 59 acres described in
Exhibit A and located within Planned Development 9 (PD-9), a planned development district created
by Ordinance 70-52, and
WHEREAS, on February 25, 1998, the Planning and Zoning Commission recommended
approval of the requested amendment and detailed plan, and
WHEREAS, the City Council finds that this detailed plan will be in compliance with the
Denton Development Plan, NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That Ordinance 70-52, as it relates to the approved concept plan for Planned
Development District 9 (PD-9), a planned development district comprising 13 8 acres of land located
therem, is hereby amended to allow a minimum living space of 538 square feet for one bedroom
apartments within the land area described in the legal description attached hereto and incorporated
herein as Exhibit A
SECTION H That 3 59 acres contained in Planned Development No 9 (PD-9) and more
particularly described by the legal description attached hereto and incorporated herein as Exhibit A,
is hereby approved for the detailed plan attached hereto and incorporated herein as Exhibit B
SECTION III That the provisions of this ordinance, as they apply to the 3 59 acres
described by Exhibit A, govern and control over any conflicting provisions of Ordinance 70-52, as
amended, as it relates to the subject property, but all the provisions of said ordinance as they apply
to the remainder of the planned development district not herein amended shall continue in full force
and effect and shall apply to the remainder of the said district,
SSECTION IV. That a copy of this ordinance and the detailed plan shall be attached
to Ordinance 70-52, showing the amendment herein approved
SECTION V That any person violating any provision of this ordinance 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 VI 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 this ordinance
to be published twice in the Denton Record -Chronicle, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of its passage
PASSED AND APPROVED this the 'l I t�. day of —A aA , 1998
JA MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
i
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EXHIBIT A
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED
IN THE J. BROCK SURVEY ABSTRACT NUMBER 55, CITY OF DENTON, DENTON
COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT AN IRON ROD FOUND AT THE NORTHEAST CORNER OF LOT 2,
BLOCK 8, MEADOW OAKS ADDITION, AS SHOWN BY THE MAP THEREOF
RECORDED IN CABINET B, PAGE 131, PLAT RECORDS OF DENTON COUNTY,
TEXAS;
THENCE NORTH 06 DEGREES 00 MINUTES 50 SECONDS EAST A DISTANCE OF
289 15 FEET TO AN IRON ROD FOUND FOR CORNER,
THENCE NORTH 00 DEGREES 08 MINUTES 57 SECONDS EAST A DISTANCE OF
281 86 FEET TO AN IRON ROD FOUND FOR CORNER ON THE SOUTH LINE OF
LATTIMORE STREET;
THENCE SOUTH 89 DEGREES 51 MINUTES 03 SECONDS EAST WITH THE SOUTH
LINE OF LATTIMORE STREET, A DISTANCE OF 249 00 FEET TO AN IRON
ROD FOUND AT THE NORTHWEST CORNER OF A TRACT DEEDED TO THE CITY
OF DENTON, RECORDED IN VOLUME 346, PAGE 30, DEED RECORDS OF
DENTON COUNTY, TEXAS;
THENCE SOUTH 00 DEGREES 18 MINUTES 51 SECONDS WEST WITH THE WEST
LINE OF SAID CITY OF DENTON TRACT, PASSING THE SOUTHWEST CORNER
OF SAID CITY TRACT, WHICH IS THE NORTHWEST CORNER OF A TRACT
DEEDED TO TRUSTEES OF FAITH TABERNACLE ASSEMBLY OF GOD CHURCH,
RECORDED IN VOLUME 639, PAGE 714, DEED RECORDS, CONTINUING AND
PASSING THE SOUTHWEST CORNER OF SAID ASSEMBLY OF GOD CHURCH
TRACT, WHICH IS THE NORTHWEST CORNER OF A TRCAT DEEDED TO C C
ORR, JR , RECORDED IN VOLUME 244, PAGE 440, DEED RECORDS OF
DENTON COUNTY, TEXAS AND CONTINUING A TOTAL DISTANCE OF 641 78
FEET TO AN IRON ROD FOUND AT THE SOUTHWEST CORNER OF SAID ORR
TRACT,
THENCE NORTH 76 DEGREES 28 MINUTES 41 SECONDS WEST A DISTANCE OF
285 65 FEET TO AN IRON ROD SET ON THE EAST LINE OF LOT 2, BLOCK
8, MEADOW OAKS ADDITION,
THENCE NORTH 11 DEGREES 07 MINUTES 40 SECONDS EAST WITH THE EAST
LINE OF LOT 2, A DISTANCE OF 6.33 FEET TO THE POINT OF BEGINNING
AND CONTAINING IN ALL 3 5927 ACRES OF LAND
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