HomeMy WebLinkAbout2002-414ORDINANCE NO. — -1
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
ALTERNATIVE DEVELOPMENT PLAN FOR A DOWNTOWN COMMERCIAL GENERAL
(DC-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE
PURPOSE OF PROVIDING ALTERNATE DESIGN STANDARDS FOR A DETACHED DRIVE
THRU BANK FACILITY FOR AN APPROXIMATELY AN APPROXIMATE 2.2 ACRE SITE
LOCATED AT 400 WEST OAK STREET IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (SP02-0008).
WHEREAS, Wayne Allen on behalf of Giovani Giomi Properties has applied for an
alternative development plan for approximately 2.2 acres of land commonly known as 400 West Oak
Street, as more particularly described in Exhibit "A" attached hereto (the "Property"); and
WHEREAS, attached hereto and made a part hereof by reference is a copy of the alternate
development plan (the "Alternate Development Plan"); and
WHEREAS, on November 13, 2002, the Planning and Zoning Commission recommended
approval of the requested alternative development plan; and
WHEREAS, the City Council finds that the change is consistent with the Comprehensive
Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Alternate Development Plan for the Property is hereby approved.
SECTION 2. 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 3. 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 4. 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 ffitay of 2002.
2"4,L� Aftk-
EULINE BROCK, MAYOR
PAGE 1
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Im
PAGE 2
Exhibit A
STATE OF TEXAS
COUNTY OF DENTON
WHEREAS, GIOVANNI GIOMI, IS THE SOLEOWNER OF ALL THATCERTAINTRACT OR PARCEL -OF LAND LYING -AND BEING
SITUATED IN THE WIWAM NETLL SURVEY, ABSTRACT NUMBER 971, CITY OF DENTON. DENTON COUNTY, TEXAS AND
BEING ALL OF A TRACT OF LAND DESCRIBED IN THE DEED TO GIOVANNI GIOMI. RECORDED UNDER CLERKS FILE
NUMBER 95-R0076930, REAL PROPERTY RECORDS DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND IRON PIN AT THE SOUTHWEST CORNER OF THE GIOMI TRACT ON THE NORTH LINE OF WEST
OAK STREET AT ITS INTERSECTION WITH THE EAST LINE OF CARROLL BOULEVARD:
THENCE NORTH 00 DEGREES 33 MINUTES 44 SECONDS EAST WITH THE EAST LINE OF CARROLL BOULEVARD A
DISTANCE OF 255.56 FEET TO A FOUND 'X'IN CONCRETE;
THENCE SOUTH 89 DEGREES 56 MINUTES 22 SECONDS WITH THE EAST LINE OF CARROLL BOULEVARD A DISTANCE OF
2.99 FEET TO A FOUND 'X'IN CONCRETE;
THENCE NORTH 00 DEGREES 18 MINUTES 03 SECONDS EAST CONTINUING WITH THE EAST LINE OF. CARROLL
BOULEVARD A DISTANCE OF 55.02 FEET TO A FOUND NAIL AT A NORTHWEST CORNER OF THE GIOMI TRACT IN THE
SOUTH LINE OF A TRACT OF LAND DESCRIBED IN THE DEED TO CHRIS RAESZ RECORDED VOLUME 4963, PAGE 586,
SAID REAL PROPERTY RECORDS;
THENCE SOUTH 89 DEGREES 21 MINUTES, 37.SECONDS EAST WITH THE SOUTH LINE OF THE RAESZ TRACT A
DISTANCE OF 69.69 FEET TO A FOUND IRON PIN:
THENCE NORTH 89 DEGREES 54 MINUTES 51 SECONDS EAST CONTINUING WITH THE SOUTH LINE OF THE RAESZ
TRACT A DISTANCE OF 43.77 FEET TO A FOUND IRON PIN AT THE SOUTHEAST CORNER OF THE RAESZ TRACT;
THENCE NORTH 00 DEGREES 37 MINUTES 36 SECONDS EAST WITH THE EAST LINE OF THE RAESZ TRACT A DISTANCE
OF 60.81 FEET TO A FOUND IRON PIN AT THE NORTHEAST CORNER OF THE RAESZ TRACT ON THE SOUTH LINE OF
THE TRACT OF LAND DESCRIBED IN THE DEED TO DONALD H. NIEDERER RECORDED UNDER CLERKS FILE NUMBER
94-R0088538, SAID REAL PROPERTY RECORDS;
THENCE SOUTH 86 DEGREES 32 MINUTES 40 SECONDS EAST WITH A SOUTHLINE OF SAID NIEDERER TRACT A
DISTANCE OF 5.79 FEET TO A FOUND NAIL AT THE SOUTHEAST CORNER OF THE NIEDERER TRACT;
THENCE NORTH 00 DEGREES 27 MINUTES 19 SECONDS EAST WITH THE EAST LINE OF THE NIEDERER TRACT A
DISTANCE OF 107.40 FEET TO A 'X' SET IN CONCRETE ON THE SOUTH LINE OF'PEARL STREET;
THENCE SOUTH 88 DEGREES 52 MINUTES 24 SECONDS EAST WITH THE SOUTH LINE OF PEARL STREET A DISTANCE
OF 112.14 FEET TO A SET J4 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED 'METROPLEX 1849":
THENCE SOUTH 00 DEGREES 10 MINUTES 56 SECONDS WEST A DISTANCE OF 176.87 FEET TO A FOUND IRON PIN IN
ASPHALT;
THENCE SOUTH 89 DEGREES 04 MINUTES 27 SECONDS EAST A DISTANCE OF 10.00 FEET TO A FOUND IRON PIN IN
ASPHALT AT THE NORTHWEST CORNER OF THE TRACT OF LAND DESCRIBED IN THE DEED TO GOEN-HUDGENS
FUNERAL HOME, INC. RECORDED IN VOLUME 1029. PAGE 149, DEED RECORDS OF DENTON COUNTY TEXAS;
THENCE SOUTH 00 DEGREES 14 MINUTES 31 SECONDS EAST A DISTANCE OF 302.39 FEET TO A 'X' FOUND IN
CONCRETE AT THE SOUTHWEST CORNER OF THE COEN-HUDGENS TRACT ON THE NORTH LINE OF WEST OAK STREET;
THENCE NORTH 89 DEGREES 06 MINUTES 02 SECONDS WEST WITH THE NORTH LINE OF WEST OAK STREET A
DISTANCE OF 249.40 FEET TO THE POINT OF BEGINNING, AND CONTAINING IN ALL 2.203 ACRES OF LAND.
BEOINNI�........
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