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2001-201 ORDINANCE NO / AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 81- 50, TO PROVIDE FOR A DETAILED PLAN FOR 3 4 ACRES LOCATED WITHIN THE PLANNED DEVELOPMENT 22 (PD-22) ZONING DISTRICT AND LAND USE CLASSIFICATION TO PROVIDE FOR A SENIOR CITIZEN DUPLEX DEVELOPMENT, THE SUBJECT PROPERTY BEING LOCATED AT THE SOUTHWEST CORNER OF RYAN ROAD AND MONTECITO ROAD IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,00000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-01-0001 ) WHEREAS, on May 5, 1981 by Or&nance 81-50, the City Council approved a Concept Plan for 127 acres located m the Planned Development 22 (PD-22) Zomng District and Land Use Classaficat~on, as more part~culaxly described therean, and WHEREAS, on October 12, 2000, The Evangehcal Lutheran Good Samaritan Society submattedI a Detmled Plan for 3 4 acres located wathm the Planned Development 22 (PD-22) Zoning District wath the antent to, develop a semor cmzen duplex development, and WHEREAS, on April 25, 2001, the Planning and Zomng Commass~on recommended approval cfa Detailed for such 3 4 acres, and WHEREAS, the Caty Cotmefl finds that the Detailed Plan as consastent w~th the approved Concept Plan for PD-22, that there as a shortage of semor cmzen housing m Denton, and the Detailed ))lan ~s consistent wflh the 1999-2020 Denton Comprehensive Plan ("The Denton Plan"), NOW, THEREFORE, THE COl [NCIL OF THE CITY OF DENTON HEREBY ORDAINS St,CTION 1 Ordmanee 81-50 prowdmg for the approval of a Concept Plan for the Planned I )evelopmant-22 (PD=22) Zomng Dastnct Classafieataon and Use Desagnataon is hereby amended Dy approving the Detailed Plan attached hereto and incorporated hereto by reference as Exhabat B for 3 4 acres located within PD-22, more partacularly described by the legal descnpUon attached ,~ereto and incorporated hereto by reference as Exhablt A, subject to the following condmon Tl~e duplex development anthonzed by th~s or&nance shall exclusavely serve senaor cr lzen$, age 62 or older S] ICTION 2 The provasaons of thcs ordinance as they apply to the 3 4 acres shown in the Detmled :Hah shall govern and control over any eonflactlng provasaons of Ordananee No 81-50, but all th( ~ provlsaons of Orchnance No 81-50 not ~n conflact with thcs ordinance or to the extent they appl ~, to that remmmng portion of the district not herean amended, shall continue m force and effee and shall apply to the remmnder of smd dastnct SECTION 3 A copy of this ordinance shall be attached to Ordinance No 81-50 showing the amendment herem approved SECTION 4 Any person wolatmg any pmws~on of flus ordmance shall, upon conwct~on, be fined a sum not exceeding $2,000 00 Each day that a prows~on of tlus ordmance ~s violated shall constxmte a separate and dmtxnct offense SECTION 5 If any section, subsection, paragraph, sentence, clause, phrase, or word in th~s ordinance, or apphcatton thereof to any person or mrcumstances is held mvalxd by any court of competent junsdmt~on, such holding shall not affect the vahchty of the remmmng portions of thxs ordinance, and the C~ty Council of the C~ty of Denton, Texas hereby declares ~t would have enacted such remmmng portions despite any ~nvalld~ty SECTION 6 Th~s ordmance shall become effective fourteen (14) days fi.om the date of its passage, and the C~ty Secretary as hereby d~reeted to cause the caption of this ordinance to be pubhshed twice m the Denton Record Chromele, official newspaper of the C~ty of Denton, Texas, w~thm ten (10) days of the date of its passage . PASSED AND APPROVED th~s the /~"~--~ dayof C~_ff~.~.. ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY PAGE 2 FIELD ~OTI~S 3 420 ACRES BEING a~ that cetera lot, wart or p~rce! of ~_.,~_ s~uat~ m ~ [~ ~ ~ $u~y, ~ ~ of ~o~ T~ ~ a ~ of Lot 1, Block ~ L~e Fc mst ~od Lot I o[ ~ A~IttOn, ~r ~ ~ ~ west ~ ofMo~no ~, x~ m~y ha~ a ~-of-~y o~ ~0~t. T~CE S 0~'~" W, i05 ~ ~t ~ ~ ~ ~ of~d ~ ~ to a point for ~o~, 355 10 ~ ~h ~ we~ ~ of ~d Drive to a ~m~ for com~ THENCE ~ ~ ~c of ~ c~e m ~e ~ ~ * ~ ~le c 34~5'19' e ~ o~57,6S ~t, ~ ~ ~ of 34 32 ~t, ~ c~ ~ S 7~07'30' W, T~C~ ~ 00°~'~' E. ~ ~ 0.66 ~ ~ ~ fo~ for ~m r m ~ ~ ~ d~e of 1261 70 ~ ~ ~ ~C~ O~ BEG~N~O ~a c~au ~ 3 420 ~ of !