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Home My WebLink About2006-079SA0ur Documents\Ordinances\06WDP05-0008 Final.dm AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN ON APROXIMATELY 25 ACRES OF LAND, GENERALLY LOCATED ON THE NORTHWEST CORNER OF UNIVERSITY DRIVE AND OLD NORTH ROAD INTERSECTION, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT, AND A COMMERCIAL MIXED USE GENERAL (CM-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, FOR THE LIMITED PURPOSE OF ALLOWING PARKING BETWEEN THE STREET AND THE BUILDING; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (ADP05-0008) WHEREAS, Imperium Holdings, LP has applied for an alternative development plan which is on file in the City's Planning Department, on approximately 25 acres of land, located in a Neighborhood Residential Mixed Use (NRMU) zoning district and a Commercial Mixed Use General (CM-G) zoning district, as more particularly described in Exhibit "A" attached hereto, and made a part hereof by reference (the "Property"); and WHEREAS, on November 09, 2005, the Planning and Zoning Commission recommended approval with conditions of an Alternative Development Plan; and WHEREAS, on December 6, 2005, the Planning and Zoning Commission recommended approval with conditions of an Alternative Development Plan; and WHEREAS, on January 11, 2006, the Planning and Zoning Commission recommended approval with conditions of an Alternative Development Plan; and WHEREAS, the City Council finds that the Alternative Development Plan is consistent with The Denton Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein as true. SECTION 2. The Alternative Development Plan, consisting of two rows of parking between the buildings and the street (University Drive/US380) as set forth in the site plan attached as Exhibit "B" (the "Site Plan") and parking layout and total number of spaces as set forth in the Site Plan, is hereby approved, with the following conditions: 1. Provide a 3 feet high berm along University Drive frontage outside the 8 foot easement. 2. Provide 3 feet high hedge along University Drive frontage outside the 8 foot easement, and planted in front of the berm. 3. Provide a 12.5 foot landscape area, in addition to the required 10 foot wide landscape SAOur Documents\Ordinances\06\ADP05.0008 Final.dm area, planted with one large tree for every 40 linear feet. (The landscape area will be 22' to back of curb and 22.5' to front of curb). SECTION 3. 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 4. 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 5. 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 74day of 2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 1 APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY 111M EXHIBIT A PROPERTY DESCRIPTION BEING SITUATED IN THE W. POGUE SURVEY, ABSTRACT NO. 1012, DENTON COUNTY, TEXAS AND BEING ALL OF A CALLED 14.22 ACRE TRACT OF LAND DESCRIBED IN A DEED TO RALPH L MASON TRUST OF RECORD IN VOLUME 5036, PAGE 3823 OF THE OEM RECORDS OF DENTON COUNTY, TEXAS THAT INCLUDES A PART OF LOT i AND 2. THOMPSON ADDITION SECTION TWO, AN ADDITION TO THE CRY OF DEMON. DENTON COUNTY. TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET C, PAGE 263 OF THE PLAT RECORDS OF DEMON COUNTY, TEXAS, AND ALL OF A CALLED 1.88 ACRE TRACT OF LAND DESCRIBED IN A DEED TO RALPH L MASON TRUST OF RECORD IN VOLUME 5040, PAGE 1273 OF THE DEED RECORDS OF DEMON COUNTY. TEXAS, AND ALL OF A CALLED 0.76 ACRE TRACT OF LAND DESCRIBED IN A DEED TO RALPH L MASON TRUST OF RECORD IN VOLUME 5040, PAGE 1269 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND ALL OF A CALLED 0.40 ACRE TRACT OF LAND (TRACT 1) DESCRIBED IN A DEED TO RALPH L MASON TRUST OF RECORD IN VOLUME 5150. PAGE 1708 OF THE DEED RECORDS OF DENTON COUNTY. TEXAS, AND BEING ALSO PART OF A CALLED 2 ACRE TRACT OF LAND DESCRIBED IN A DEED TO RALPH L MASON. TRUSTEE OF THE RALPH L MASON TRUST OF RECORD IN VOLUME 4885. PAGE 749 OF THE DEED RECORDS OF DEMON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT AN "X" CUT FOUND IN CONCRETE IN THE WEST FIGHT -OF -WAY OF OLD NORTH ROAD AND AT THE MOST EASTERN NORTHEAST CORNER OF SAID 14.22 ACRE TRACT; THENCE SOUTH 01'40'54' WEST WITH SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 319.73 FEET TO A 60D MAIL FOUND FOR CORNER IN THE NORTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY 330 (VARIABLE WIDTH RIGHT-OF-WAY); THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY 380 THE FOLLOWING COURSES AND DISTANCES: NORTH 88.13'42" WEST, A DISTANCE OF 278.69 FEET TO A 5/8" IRON ROD SET FOR CORNER; NORTH 72'32'32' WEST, A DISTANCE OF 88.04 FEET TO AN "X' SET FOR CORNER: NORTH 73.39'25" WEST, A DISTANCE OF 80.98 FEET TO A 5/8' IRON ROD SET FOR CORNER; NORTH 7,V42'17' WEST, A DISTANCE OF 81.29 FEET TO A 5/8" IRON ROD SET FOR CORNER; NORTH 76'06'07" WEST. A DISTANCE OF 79.95 FEET TO A 5/8' IRON ROD SET FOR CORNER; NORTH 77'09'56" WEST, A DISTANCE OF 79.83 FEET TO A 5/8' IRON ROD SET FOR CORNER; NORTH 78*15*32' WEST. A DISTANCE OF 80.15 FEET TO A 5/8' IRON ROD SET FOR CORNER; NORTH 79.26'41' WEST, A DISTANCE OF 79.99 FEET TO A RIGHT-OF-WAY MONUMENT FOUND FOR CORNER; NORTH 80'36'13' WEST. A DISTANCE OF 79.88 FEET TO A RIGHT-OF-WAY MONUMENT FOUND FOR CORNER: NORTH 81.38'04' WEST, A DISTANCE OF 80.15 FEET TO A RIGHT-OF-WAY MONUMENT FOUND FOR CORNER. NORTH 8243'17" WEST, A DISTANCE OF 79.83 FEET TO A 5/8' IRON ROD SET FOR CORNER; NORTH 83'81'40" WEST. A DISTANCE OF 79.83 FEET TO A 5/8' IRON ROD SET FOR CORNER; NORTH 85'00'03' WEST. A DISTANCE OF 79.83 FEET TO A RIGHT-OF-WAY MONUMENT FOUND FOR CORNER: NORTH 86.20'54" WEST, A DISTANCE OF 79.92 FEET TO A RIGHT—OF—WAY MONUMENT FOUND FOR CORNER; NORTH 87*25'09" WEST, A DISTANCE or 80.15 FEET TO A 5/8" IRON ROD SET FOR CORNER; NORTH 88.33'33" WEST, A DISTANCE OF 80.15 FEET TO A RIGHT—OF—WAY MONUMENT FOUND FOR CORNER; NORTH 69.31'10" WEST. A DISTANCE OF 80.32 FEET TO A RIGHT—OF—WAY MONUMENT FOUND FOR CORNER; SOUTH 88.51'04" WEST. A DISTANCE OF 18.26 FEET TO A RIGHT—OF—WAY MONUMENT FOUND FOR CORNER; NORTH 89'51'54" WEST. A DISTANCE OF 9.10 FEET TO A 5/8" IRON ROD SET FOR CORNER; SOUTH 89'13'33" WEST. A DISTANCE OF 52.28 FEET TO A 5/8" IRON ROD SET FOR CORNER; SOUTH 88'04'38" WEST. A DISTANCE OF 80.00 FEET TO A RIGHT—OF—WAY MONUMENT FOUND FOR CORNER; SOUTH B6'56'15" WEST, A DISTANCE OF 79.85 FEET TO A RIGHT—OF—WAY MONUMENT FOUND FOR CORNER; SOUTH 84.55'03" WEST, A DISTANCE OF 80.13 FEET TO AN "X" SET FOR CORNER AT THE SOUTHWEST CORNER OF SAID 0.76 ACRE TRACT AND IN THE EAST UNE OF A CARED 3 ACRE TRACT OF LAND DESCRIBED IN A DEED TO THE BOARD OF AMERICAN MISSIONS OF THE LUTHERAN CHURCH IN AMERICA OF RECORD IN VOLUME 656. PAGE 396 OF THE DEED RECORDS OF DENTON COUNTY. TEXAS: THENCE NORTH 01.07'45" EAST WRH SAID EAST UNE. A DISTANCE OF 454.65 FEET TO A 5/8" IRON ROD SET FOR CORNER IN THE SOUTH UNE OF A CALLED 15.413 ACRE TRACT OF LAND DESCRIBED IN A DEED TO VALERIE DOTY OF RECORD IN COUNTY CLERK FILE NUMBER 96—R0033174 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. FROM WHICH A 1/2" IRON ROD FOUND FOR REFERENCE BEARS NORTH 01'07'45" EAST, A DISTANCE OF 1.68 FEET: THENCE SOUTH BW13'59" EAST WTTR THE SOUTH UNE THEREOF AND CONTINUING, A DISTANCE OF 1593.38 FEET TO A 1/2- IRON ROD FOUND FOR A NORTHEAST CORNER OF SAID 14.22 ACRE TRACT OF LAND; THENCE WITH EASTERLY AND NORTHERLY LINES OF SAID 14.22 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: SOUTH 01'51'16" WEST. A DISTANCE OF 151.47 FEET TO A 1/2" IRON ROD FOUND FOR CORNER; SOUTH 23*53*17" WEST. A DISTANCE OF 96.61 FEET TO A 1/2" IRON ROD FOUND FOR CORNER: SOUTH 65'51'54" EAST, A DISTANCE OF 79.73 FEET TO A 1/2" IRON ROD FOUND FOR CORNER; THENCE SOUTH SW18'24" EAST CONTINUING WITH A NORTH UNE OF SAID 14.22 ACRE TRACT, A DISTANCE OF 246.01 FEET TO THE PLACE OF BEGINNING AND CONTAINING 19,136 ACRES OF LAND, 1, Peter R. Hine, Registered Professional Land Surveyor of the State of Texas, do hereby certify that the plat shown hereon was prepared from an actual and accurate survey made on the ground, and that the comer monuments shown hereon were found or placed under my personal supervislon RELEASED 11/02/05 FOR REVIEW PURPOSES ONLY. THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE Peter R. Hine, Registered Professional Land Surveyor NO. 5574 2 EXHIBIT B - ALTERNATIVE DEVELOPMENT PLAN avow Hixorl ato r1 1�1 b � x a �T 1 xa 1�1 ,Y,, p H Q A f _ 71 � Z-1 Y �ays aay ilza F--1 m "fit " Rig a .3.. Ls�d�9 5$� L ��$ •� I`� z5�—�� a a $ yr[ 1 ge j�Eq y nNbN N g�g� a gggg�ag�g� '�eC �ag� 51l 3�8^s EnBsa3saBF A?s" 485Pm �•'��