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ORDINANCE NO. 9 D
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING FOR AN
ALTERNATIVE DEVELOPMENT PLAN ON APROXIMATELY 32 ACRES OF LAND
GENERALLY LOCATED APPROXIMATELY 350 FEET EAST OF NOTTINGHAM DRIVE,
BETWEEN UNIVERSITY DRIVE AND MINGO ROAD, WITHIN A NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR THE PURPOSE OF ALLOWING PARKING BETWEEN THE STREET
AND THE BUILDING; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
(ADP03-0009)
WHEREAS, Denton Bible Church has applied for an alternative development plan which is
on file in the City's Planning Department, a copy of which is attached hereto and made a part hereof
as Exhibit "A" (the Alternative Development Plan), on approximately 32 acres of land located in a
Neighborhood Residential Mixed Use (NRMU) zoning district, as more particularly described in
Exhibit `B' attached hereto and made a part hereof by reference (the "Property"); and
WHEREAS, on January 28, 2004, the Planning and Zoning Commission recommended
approval of a Alternative Development Plan for parking between the street and the building; 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.
SECTION 2. The Alternative Development Plan is hereby approved.
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 servable.
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 CityofDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the,� day of C' , 2004.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AFRRFRT T. PROTTTV CTTV ATTORNFV
N-W
EULINE BROCK, MAYOR
PAGE 2
Exhibit A
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Additional Amenities Provided:
• Approximately 35 additional trees along Hwy 380 frontage
• Brick monuments and trellises at pedestrian gateways
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Additional Amenities Provided:
• Approximately 35 additional trees along Hwy 380 frontage
• Brick monuments and trellises at pedestrian gateways
• Hedges to screen parking along public ROW
• Additional areas for seating
• Pedestrian scaled lighting
Additional Amenities Provided:
• Approximately 35 additional trees along Hwy 380 frontage
• Brick monuments and trellises at pedestrian gateways
• Hedges to screen parking along public ROW
• Additional areas for seating
• Pedestrian scaled lighting
• Monument and seasonal color at main public campus
Exhibit B
SrATE OF IEKAS
CmAny OF WYMN
WARM "don Proper Be; Lid and Denton Bible Lriweh an, the ownaa of o JZ80 Ma, tract of fond dtueted In the When Uoyf Swwy,
Abstract W 774 CHY of Dntoa Canton Cooly Tansy We treat being of of o treat of land described A, o SpwPol 1Ymronfy Dead to Gehatye
Prepertles, Ud roceded An Volume 8336 Page 246 of the Red Plaporly Records of Dumas Cwaty Terse and off of a Neat of land dwar8rl As a
Waronty Deed to Dnln table Church recorded In Mon me 4657, Page 1224 of the Red Property RemMe of Center, County, Taxes and no of o treat
of Pond descrbed 47 e Ntrronly Deed to Dorton Bible Church receded h MA=e 461$ Pape 1142 of free Raul Property Retards of Deafen Calmly
Tawor, veld 32848 sow heat belle more partwory, desalbad w 060ooy
Are Bearing *at" for this deearleftn As based an a hearing of South 66 depress, 53 minutes, 59 seomWe Eaef far the south right-cf-way
fine of East Unhwolty Wine aeeerd/ng to the Spedd IWroanly Deed to Gain" Pmpartbs Ltd, recorded as Wi me 5W4. Page 246 of the Red
Property Records of Denton Comfy Toros
BEV WHf% of a 1/2-inn bon red found• sad paint being Is the south right -of -My Me of Eat UnhereRy Wlw (d.6. Highway Ma a viable wiM
r/ghf-of-way), soW pant being the meat narthady northeast comer of sold Walla Properties Ltd, frost and being the northwest comer a a boot
of land described in Wemonly Deed with IMnderte lien barn Why Entaiprbssq, Ina to S117, no, din.& flloand Food Store recorded In Volume 4317,
Pogo 2929 of the Red Praporfy Record, of Donlon County, Twos,'
Af W& South 10 d.gmat IP mbrufa., M esoon* Waal, deporting the sold south lbw of Emil Unlwrdly Oche and along the staff line of said S.N7
ne, tract a d/sfance of 140.11 feet to a 1/2-Inch !ran rod found of fat southwest corner Of sold S117 one eve/,
WENC& South 79 degroae, 16 mnutes, 10 seconds East, atme the south lone of sold SM7 km tract o dMame of 181.90 feet to a 1/2-kith bon
red found at thu soathawt coma a sold SM7 /one tract, sold point ben# in the west the of a brad el land desorb d in Special Waranfy Deed
from RE-N, Ina to Denton Wage East Apartmenha LP. recorded An County Chat Fee Number 97-OSOM of the Red Property Records of Owtan
county TOWN
77MUC& Southerly along the westerly fees of sold Denton huge East Apartments, L.P. bract, the falowing four cogs;
South 01 degrees 21 minutes, 14 Masada Neat, a dletonee of 240.38 feet to a 5/8-inch bon rod
found Fa coma;
South 81 dagrms, 10 minutes, 06 secanda West a distance of 169.Dn feat to a 5/6-bwh Iron red
found fa connar;
South 12 degrees, J9 rebates, SB seconds East, o distance of 22Q17 fat to a 1/2-huh Aron reed
found' add point being the southeast oomer of sued Golabn Proporass Ltd, tract and the northeast
coma of sold Dnfan 9/blo Church track
South 12 doaJrooi 16 minutes, 07 Mcards East, a distance o1 J24.00 feet to a 1/2-meh hen rod
with 'Pacheco Koch' cep found on the north right -of -My line of Mingo Road (a wrlable whelh
dghf-eFway), sold pent being the soufhwart saner of Mai Deafon Village East Aporbeawk L.P. tract;
RNME, South 69 degree; 36 mnutes, 53 stands Wort along the sold north Mw of Longo Rood pamfn9 at o d%faun of t/4&62 feet to 0
5/8-hch Iran rod farad at the southeast giants, of said Dorton Me Church teat (Vahhmo 4614 Page f1J2).• than smf6ang dap the south /be
of sold Boston Wbte Chan tract (Vdumo 4815, Page 11J2) Is all a dlstohw, of 1226,51 feet to a 1/2-nth bon red wlth'Faehavo Koch' cap
found for cane; said point bang the aouthweet coma of sold Denton Bible Church bath
THENCE North 18 degrees, 26 minutes, 3b seconds Weal, along an offset As in the said north /one of Mingo Road and the ewt None of weld My of
Denton Neat posang of a dfalauee or 2G05 feetto a 1/2-kith Iron red wlfh 'Pachew Koch' oW fared for resew, odd pant bens the southeast
comer of Use remainder of a tract of Ind dworted as a dead to Benton B16N Church recorded in Volume 249& Page 675 of the Red Properly
Retards, of Denton Comfy ,asap confbwnp done sold aouthwest Also evening at a fidahce of 1520 real the northeast cane of sold ronaedw
tract and the southeast Manor of Lot 1, Black d Dntn 8b/e Much Adelfbn, an addllnn 1. the My of Boston, Dnlm county Toros aeearobg
to the plat thereof recorded In Cubinet L, Sods 108 of the Map Records of Dntan Comfy Terse, cwfnung clang cold swthwost !one fa o told
datance of 41616 feet to a 1/2-hch ere roll with 7'achewo Koch' sop found for Mrse;Me Pont heft the nornewat Manor of sold Boston
Bible Church &wt (Vdumo 4614 Pago 1132) and bong the awf nvoot coma of a tract of fond Wonted w 'Arh'd Tract' An a Wed to Who N.
Rolhey (Trestoo) of the WW/am V. Ro/ney Testarnnf vy Trust retarded In Vanrer 4423. Page F870 of the Red Property Records of Benfan County,
Texan
7HENC& North 73 degrees, 54 minutes, 27 seaonde East along the south Inc of sold Ne41e H Raney boat a obtanee of 91.69 het to an old wood
fence pouf found for caner,
MUM North 72 degrees, J7 mbateq 13 stands East continuing along the south Abe of said nNfe H. Raksse, &act a distance of =36 ken to a
wood bane post fared at tho southeast come, of nth Ole N Rohey trach
7h%WM North 07 deprr; 46 mhutex 58 seconds East along an east Arse of said I191/Ie H. Rainey tract a afelww of I1.J7 feet to 0 1/2-Inch
Aron red found for coma, sold point being the met ncrfheriy, northeast saner of sold Donlan Me Church Nast (tehsno 4657, Pogo 1224) and
the wathweet comer of sold Gdotyh PropartheA Ltd. heat
7HD= North 00 darvm J5 minutes, JI seance East dean an sad line or sold WBIe R Rahuy Gott a dletanco o1 1054.96 fast to a wood
fence pact found for awns An If. said south Inc of Est Unhersify Oche, Meld paint being the beginning of a ran-fangant curve to the rleht
whose center boors, South 04 degrees, 56 minufex 23 wands Eaat a dstmee of J749.72 feet Ram add pone
VMNC& In an easterly, dKwflan along add south lino of East tnlwwsay Dlive and sold non-tngnt ourw, to the right through a cntrd meta of
00 dagrwx 13 minutes, 54 aeMWW, a roans of 3749.72 Feet an arch debance of 1&Ifi lost an o chord beorhg and ddonte of North 05 degrees,
10 mhalae, 34 accords Easl, /515 lout to a 1/2-Arch has rod fund at a T7DOT wood nightrol-soy marker at the and of saki curvy
7HD= South 80 degrees, 53 minutes, 59 award, East continuing along add south the of East Uahwrdty Dram a alstancs of 750.01 fast to 0
DDOT Concrete Nlghsoy R.O.W. morwhant found at Bra begmnng of a non -tangent sew to the fight whose center boas South a6 degrees, 09
minutoa f9 secands Neat a ablance or J749,72 hart Bore sold poet
7HENC& An an wsfedy draction conthuhg sold south Inc of rest Unherdty Drive and alone the odd non -tangent cure to the right through a
central angle of OT dagrcex 4J mhutm, 07 aocondx an are, dfstanae of 24336 feat an a chard hearing and distance of South Of da7m 58
minutes, 37 seaanda East, 243J3 faof to the POINT OF BEGINNING•
Lh7NTAIIAM,, 1,430,788 square feet ar 32.946 none, of /mat mom or Ina.