2014-141s:\legal\our documents\ordinances\14\adpl3-0004 bountifu( property denia{.docx
ORDINANCE NO. 2014-141
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DENYING A REQUEST FOR AN
ENVIRONMENTALLY SENSITIVE AREA ALTERNATIVE DEVELOPMENT PLAN ON
APPROXIMATELY 3.71 ACRES OF LAND, GENERALLY LOCATED AT THE
NORTHEAST CORNER OF E. UNIVERSITY DRIVE (U.S. 380) AND LOOP 288, WITHIN
A EMPLOYMENT CENTER 1NDUSTRIAL (EC-I) ZONING DISTRICT IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP13-0004)
WHEREAS, Lee Allison, on behalf of Frank Cudd/Bountiful Properties, Inc., has applied
for an Alternative Environmentally Sensitive Area Plan to allow the property owner to reclaim
the floodplain, and exceed the maximum amount of fill material permitted by DDC, Section
35.17.7.C.1 on approximately 3.71 acres of land within an Employment Center Industrial (EC-I)
zoning classification and use designation, legally described in Exhibit "A'�5 attached hereto and
incorporated herein by reference (herein the "Property"), and
WHEREAS, on April 9, 2014, the Planning and Zoning Commission concluded a public
heaxing as required by law, and recommended denial of the requested Alternative
Environmentally Sensitive Area Plan based on the following findings:
1, The developer's alternative proposal did not result in a high quality development
meeting the intent of the standards in the Denton Development Code.
WHEREAS, on May 6, 2014, the City Council confirms the findings of the Planning and
Zoning Commission in denying this request; 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 by reference.
SECTION 2. An Alternative Environmentally Sensitive Area Plan to permit floodplain
reclamation requiring fill in excess of the maximum amount permitted on the Property, per DDC,
Section 35.17.7.C.1, is hereby denied.
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
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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 �;� day of
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
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ANITA BURGESS, CITY ATTORNEY
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BY: ����m ��.-�, � �-����... ��u..�
2014.
MARK BI.rI��E�GI� MAYOR
Exhibit A
PROPERTY DESCRIPTION
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BEGINNING AT A 1/2 INCH IRON P1N FOUND AT THE NORTHEAST CORNER OF SAID
BOUNTIFUL TRACT AT THE SOUTHEAST CORNER OF A TRACT NO. 3(MORNINGSIDE
DRIVE) AND THE WEST L1NE OF A TRACT NO. 1(SPRING VALLEY DRIVE) DESCRIBED
IN A DEED TO THE CITY OF DENTON, RECORDED IN VOLUME 564, PAGE 470, DEED
RECORDS, DENTON COUNTY, TEXAS;
THENCE SOUTH O1 DEGREES 02 MINUTES 58 SECONDS WEST WITH THE EAST LINE OF
SAID BOUNTIFUL TRACT AND THE WEST L1NE OF SPRING VALLEY DRIVE, A
DISTANCE OF 314.04 FEET TO A 1/2 INCH IRON PIN FOUND AT THE 1NTERSECTION OF
THE WEST LINE OF SPRIIVG VALLEY DRIVE AND THE NORTH RIGHT-OF-WAY LINE OF
U.S. HIGHWAY 380;
THENCE NORTH 89 DEGREES 29 MINUTES 02 SECONDS WEST WITH THE NORTH
RIGHT-OF-WAY LINE OF U.S, HIGHWAY 3$0, A DISTANCE OF 154.24 FEET TO A 1/2
INCH IRON P1N FOUND AT AN ANGLE POINT ON THE NORTH RIGHT-OF-WAY LINE OF
U.S. HIGHWAY 380;
THENCE SOUTH 82 DEGREES 12 MINUTES 34 SECONDS WEST WITH THE NORTH
RIGHT-OF-WAY LINE OF U.S. HIGHWAY 380, A DISTANCE OF 334.42 FEET TO A 1/2
1NCH IRON PIN FOUND AT THE SOUTHWEST CORNER OF SAID BOUNTIFUL TRACT;
THENCE NORTH O1 DEGREES 15 MINUTES 58 SECONDS EAST WITH THE WEST LINE OF
SAID BOUNTIFUL TRACT, A DISTANCE OF 335.02 FEET TO A 1/2 INCH IRON PIN FOUND
FOR CORNER ON THE WEST LINE OF SAID BOUNTIFUL TRACT AT THE SOUTHEAST
CORNER OF A TRACT DESCRIBED 1N A DEED TO KATHY KITCHEN PINARSKI,
RECORDED UNDER COUNTY CLERK'S FILE NUMBER 00-R0047418, REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS;
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THENCE SOUTH 89 DEGREES 28 MINUTES 41 SECONDS EAST WITH THE SOUTH LINE
OF MORNINGSIDE DRIVE, A DISTANCE OF 4$4.30 FEET TO THE POINT OF BEGINNING
AND CONTAINING IN ALL 3.672 ACRES OF LAND.