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ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CONDITION SIX (6) OF
ORDINANCE NO 2001-191 REGARDING CERTAIN REQUIRED TRANSPORTATION
IMPROVEMENTS FOR APPROXIMATELY 22 ACRES OF LAND ZONED MULTI -FAMILY
CONDITIONED (MF[C]) AND LOCATED ON THE SOUTH SIDE OF LOOP 288
APPROXIMATELY 1000 FEET WEST OF LOOP 288, PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (ZP01-0006)
WHEREAS, on March 7, 2001, SENT Corporation, on behalf of Southwest Housing
Development, applied for a change in zoning for 22 0 acres of land located on the south side of
McKinney Street, approximately 1000' west of Loop 288, from an Agriculture (A) zoning district
classification and land use designation to Multi -family Conditioned (MF[c]) zoning district
classification and land use designation with the intent to develop a multi -family complex, which
application included a Zoning Plan, and
WHEREAS, on May 1, 2001, the City Council adopted Ordinance No 2001-191 approving
the aforementioned zoning change and Zoning Plan, subject to certain conditions including the
provision of certain transportation improvements, and
WHEREAS, Condition No 6 of Section 1 of Ordinance No 2001-191 provides "6 A
collector road, from the subject property to Loop 288, will be provided prior to the issuance of any
certificate of occupancy" (called "Condition No 6")
WHEREAS, on October 1, 2001, Southwest Housing Development applied for a zoning
change to amend Ordinance 2001-191, and
WHEREAS, on November 14, 2001, the Planning and Zoning Commission concluded a
public hearing as required by law, after which it recommended approval of the amendments provided
below, and
WHEREAS, the City Council finds that the amendments to Ordinance 2001-191 are
consistent with the Comprehensive Plan and are in the public interest, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
S CTION 1 Condition No 6 in Section 1 of Ordinance 2001-191 is amended to read as
follows
6 Two lanes of a collector road from the subject property to Loop 288 will be provided (the
"Collector") A certificate of occupancy will not be issued for the subject property until a
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fully executed Development Agreement with the City providing for the construction of
the Collector are submitted to the City's Director of Engineering, together with fully
executed performance and payment bonds, all of which will be on City required forms
The width of right-of-way dedicated from the subject property for the Collector and the
north -south collector along the western side of the subject property shall be 30 feet
The zoning plan is amended consistent with the above change in Condition No 6 All other
provisions of Ordinance No 2001-191 not inconsistent with this ordinance shall remain in full force
and effect,
SECTION 2 If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable
SECTION 3 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 ia separate and distinct offense
SECTION 4 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 m the City of Denton,
Texas, within ten (10) days of the date of its passage
PASSED AND APPROVED this the ,A day of A FL , 2001
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL F
HERBERT L PACLWATTORNEY
n1A
EULINE BROCK, MAYOR
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