2001-453 ORDIN CENO 001-
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 m zoning for 22 0 acres of land located on the south side of
McKlrmey Street, approximately 1000' west of Loop 288, from an Agriculture (A) zomng district
classificat~on and land use designation to Multi-family Conditioned (MF[c]) zoning district
classfficatlon and land use designation with the intent to develop a multi-family complex, winch
apphcatiola included a Zomng Plan, and
WHEREAS, on May 1,2001, the City Council adopted Ordinance No 2001-191 approving
the aforementioned zomng change and Zomng Plan, subject to certain conditions including the
provision of certmn 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
eemficato of occupancy" (called "Condition No 6")
WHEREAS, on October l, 2001, Southwest Housing Development apphed for a zomng
change to amend Ordinance 2001-191, and
WHEREAS, on November 14, 2001, the Planning and Zoning Commission concluded a
public heanng as reqmred 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 m the public interest, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 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 wath the C~ty provad~ng for the constructaon of
the Collector are submitted to the Caty's Darector of Engmeenng, together with fully
executed performance and payment bonds, all of which wall be on C~ty reqmred forms
The w~dth of right-of-way dedacated from the subject property for the Collector and the
north-south collector along the western s~de of the subject property shall be 30 feet
The zomng plan ~s amended consistent w~th the above change an Condition No 6 All other
provisions of OrdmanceNo 2001-191 notmcons~stentwlthth~sordananceshallremmnmfullforce
and effect,
SECTION 2 If any provasaon ofth~s ordinance or the apphcataon thereof to any person or
mrcumstance is held anvahd by any court, such anvahdaty shall not affect the valadaty of other
prows~ons or apphcat~ons, and to th~s end the prowsaons of thas ordanance are severable
SECTION 3 Any person wolatmg any provtsaon of thts ordanance shall, upon conwct~on, be
fined a sum not exceedmg $2,000 00 Each day that a prows~on ofth~s ordinance is wolated shall
const~tute~a separate and d~stmct offense
SECTION 4 That th~s ordmance shall become effectave fourteen (14) days from the date of
its passage, and the C~ty Secretary ~s hereby d~rected to cause the caption of thas ordmance to be
pubhshed twine m the Denton Record-Chromcle, a dmly newspaper pubhshed m the C~ty of Denton,
Texas, wltlun ten (10) days of the date of~ts passage
PASSED , PROVEDth, sthe dayof ,:00
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY ~ ~'~
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