1998-074Z-98 003 doc
O IN CE NO q - 0'/q
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDrNG THE PLANNED
DEVELOPMENT DISTRICT CREATED BY ORDiNANCE 70-52, TO PROVIDE FOR
AMENDMENT TO THE CONCEPT PLAN TO ALLOW MINI~ 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 00,FOR VIOLATIONS THEREOF, AND PROVIDiNG FOR AN EFFECTIVE DATE
WHEREAS, Ordmance 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 Lattlmore Street to the North,
Pmsley to the South, Mulkey Street to the West, and Audra Lane to the East, and
WHEREAS, Dr Cheryl Harding, on behalf of Fatroaks 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 appwval of a detailed plan for 3 59 acres described in
Exbablt 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 detmled plan, and
WI-IEREAS, the City Council finds that this detmled plan will be m compliance with the
Denton Development Plan, NOW, THEREFORE
THE COUNCIL OF THE CITY OB DENTON HEREBY ORDAINS
SECTION I That Ordinance 70-52, as it relates to the approved concept plan for Planned
Development D~stnct 9 (PD-9), a planned development &strict comprising 13 8 acres of land located
thereto, la hereby amended to allow a mlnlmarn living space of 538 square feet for one bedroom
apartments wittun the land area described m the legal description attached hereto and incorporated
herein as Exhibit A
~ That 3 59 acres contmned 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 lapproved for the detmled plan attached hereto and incorporated herein as Exhibit B
SECTION III That the pmvmons of this ordinance, as they apply to the 3 59 acres
describer[ by Extublt A, govern and control over any confllct~ng provisions of Ordmance 70-52, as
amended, as it relates to the subJeCt property, but all the provisions of smd ordinance as they apply
to the remmnder of the planned development d~stnct not herein amended shall continue mn full force
and effect and shall apply to the remainder of the smd district,
SECTION IV. That a copy of th;s ordinance and the detmled plan shall be attached
to Ordinance 70-52, showing the amendment hereto approved
SECTIONV That any person wolatmg any prows;on of this ordinance shall, upon
conv~ct~on, be freed a sum not exceeding $2,000 00 Each day that a prows~on ofth;s orchnance is
violated shall constitute a separate and dmt~nct offense
S]~CTION VI That tlus ordinance shall become effective fourteen (14) days from the
date of~ts passage, and the C~ty Secretary ;s hereby d~rected to cause the caption of thas ordinance
to be pubhshed twine m the Denton Record-Chromcle, a dmly newspaper pubhshed m the City of
Denton, Texas, w~tlun ten (10) days of the date of~ts passage
PASSED AND APPROVED t!us the / "J't'' dayof '~~ ,1998
JA~MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
F \shared\dept\LOL\Our Documents\Ordmanccs\98~Z 98-003 doc
PAGE 2
EXHIBIT A
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED
IN THE J. BROCK SURVEY ;%BSTRACT NUMBER 55, CITY OF DENTON, DENTON
COLrNTY, TEXAS ARD BEING MORE P~TICU-hARLY DESCRIBED AS FOLLOWS;
BEGINNING AT AN IRON ROD FOUR'D 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 NORT}{ 06 DEGREES 00 MINUTES $0 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;
T}{ENCE SOUTH 89 DEGREES 51 MINI/TES 03 SECONDS EAST WITH THE SOUq"H
LINE OF LATTIMORE STREET, A DISTANCE OF 249 00 FEET TO AN IRON
ROD FOI/ND 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 CORArER
OF SAID CITY TP~CT, WHICH IS THE NORTHWEST CORNER OF A TP. ACT
DEEDED TO TRUSTEES OF FAITH TABERNACLE ASSEMBLY OF GOD CR-u'RCH,
RECORDED IN VOLUME 639, PAGE 714, DEED RECORDS, CONTINI/ING AND
PASSING THE SOUTHWEST CORNER OF SAID ASSEMBLY OF GOD CHURCH
TP. ACT, WHICH IS THE NORT~rWEST 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 SOUTh-WEST CORNER OF SAID ORR
TRACT,
T}{ENCE NORTH 76 DEGREES 28 MINI3TES 41 SECONDS WEST A DISTANCE OF
285 65 FEET TO AN IRON ROD SET ON THE EAST LINE OF LOT 2, BLOCK
8, MEADOW O,AKS ADDITION,
THENCE NORTH 11 DEGREES 07 MINIITES 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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