2006-079S:\Our Documents\Ordinances\06WDP05-0008 Final.doc
ORDINANCE NO. ZD~Gj- ~79
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATNE
DEVELOPMENT PLAN ON APROXIMATELY 25 ACRES OF LAND, GENERALLY
LOCATED ON THE NORTHWEST CORNER OF UNIVERSITY DRNE 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 EFFECTNE DATE.
(ADPOS-0008)
WHEREAS, hnperium 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 particulazly 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 Altemative 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 oftwo rows ofpazking 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
S:\Our Documents\Ordinances\O6\ADPOSA008 Final.doc
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 ofits
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 ofDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the T~"Kday of , 2006.
~~~,~~
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: 1
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CI'T~Y ATTORNEY
BY:
EXHIBIT A
PROPERTY LtESC'RIPTION
BETNG SRUATED IN THE W. POGUE SURVEY, ABSTRACT NO. 1072, DENTON COUNTY, TEXAS A10) BEING ALL OF A
CALLED 74.22 At3tE TRACT OF LANp DESCRIBED IN A DEED TO RALPH L MASON TRt15T OF RECORD IN VOWME
5038, PAOC 3823 OF THE GEED RECORDS OF DENTON COUNTY, TEXAS THAT INCWO[S A PART OF LAT i AND 2.
THOMPSON ADD1710N SECTION TWO, AN ADDITION TO THE CRY OF DENTON, DENTON COUNTY. TEXAS, ACCORDING
TO THE PLAT THEREOF RECORDED RJ CABINET C, PACE 263 OF THE P4T RECORDS OF DENfON COUNTY, TEXAS,
ANU ALL OF A CAIICh 1.88 4CRE TRACT Oi LAND DESCRIBED W A DCCD TO RALPH L MASON TRUST OF
RECORb M VOLUME 5040, PAGE 7273 OF THE DEED RECORDS OF DENTON COUNTY. TEXAS, ANO ALL Oi A
CALLED 0.78 ACRE TRACT OF LAND DESCRBED IN A DEED TO RALPH L MASON TRUST OF RECOROIN VOWM[
5040, PAGE 7289 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND ALL OF A CALLED 0.40 ACRE 7RACT
OF LAND {TRACT 1) DESCRIBED a A DEED TO RALPH L MASON TRUST OF RECORD IN VOLUME 5150, PACE 1708
Of THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEINC A150 PART OF A CALLED 2 ACRE TRACiOF
LAND DESCRIBW IN A pECO TO RALPH L MASON. TRUSTEE OF THE RALPH L MASON TRUST OP RECORD IN
VOLUME 4885, PAGC 749 OF TXE DEED RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRBBED BY METES AND BOUNDS AS FOUAWS:
BEGINNING AT AN "X` Ct7i iOUND IN CONCRETE IN THE WEST FIGHT-OP-WAY OF OLD NORTH ROAD AND AT TIC
MOST EASTE77N NORTHEAST CORNER OF SAID 74.22 ACRE TRACT;
iHENti SOUTH 01.40'54' WEST WITH SAID WEST RIGHT-OF-WAY UNE, A DISTANCE OF 5/9.73 FEET TO A 8D0
NAIL FOUND FOR CORNER IN THE HORTM RIGHT-DF-WAY UNE OF U.S. HIGHWAY 38D {VARIABLE WIDTH
RIGHT-OF-WAY);
THENCE ALONG SAID NORTH RIGHT-OF-WAY UNE OF U.S. HIGHWAY 380 THE FOLLOWING COURSES AND
DISTANCES:
NORTH 88'13'4,2" WEST, A DISTANCE OF 278.69 IFFY TO A 5/8" IRON ROD SET TOR CORNER;
NORTH 72'32'32" WEST, A DISTANCE OF 88A4 FEET TO AN "X' SET FOR CORNER;
NORTH 73•Sa'2S" wEST, A DISTANCE OF 80.98 FEET TO A 5/s' IRON ROD SET FOR CORNER;
NORTH 74.42'77" WEST, A DISTANCE OF 87.29 IFFY TO A 5/6" IRON ROD SET TOR CORNER;
NORTH 76'06'07" WEST, a pISTANCE of 79.95 FEET TO A S/s' IRON ROD SR ioR CORNER;
NORTH 77'O9'Sfi" WEST, A DISTANCE OF 79:83 FEET TO A 5/8' IRON R~ SET FOR CORNER;
NORTH 78'1 S'S2" WEST. • pISTANCE OF 80.19 FEET TO A S/8` IRON ROD SET i0R CORNER;
NORTH 79.26'47" WEST. A D~TANCE OF 79.99 FEET TD A RICHT-OF-wAY MONUMENT POUND FOR CORNER:
NORTH 80'38'7S" WEST. A DISTANCE Of 79.88 FEET TO A RIGHT-OF-wAY MONUMENT POUND POR CORNER:
NORTH 67.38'04` WEST. A DISTANCE OF 80.73 FEET TO A RIGHT-OF-wAY MONUMENT FOUND POR CORNER;
NORTH 82'43'77" WEST, A DISTANCE OF 79.83 FEET TO A 5/8` IRON ROD S[f FOR CORNER:
NORTH 83'S1'40' WEST. A DISTANCE Of 79.83 FEET TO A 5/8" IRON ROb SET FOR CORNER:
NORTH 8S'00'OS` WEST. A DISTANCE OF 79.83 FEET TO A RIGHT-OF-WAY MONUMENT FOUND FOR CORNER:
NORTH 86.20'54' WEST. A DISTANCE Oi 79.92 FEET TO A RIGNT-oF-WAY MONUMENT FOUND iOR CORNER;
NORTH 8T25'09" WEST, A DISTANCE Oi 80.15 FEET TO A 5/8' IRON ROD SET FOR CORNER:
NORTH 88.33'33" WEST, A DISTANCE Oi 80.15 FEET TO A RIGHT-OF-WAY MONUMEM FOUND FOR CORNER;
NORTH 89'31'10" WEST. A DISTANCE Oi 80.32 FEET TO A kiGHT-OF-WAY MONUMENT FOUND FOR CORNER;
SOUTH 88'51'04" WEST. A DISTANCE OF 78.26 FEET TO A RIGNT-OF-WAY MONUMENT FOUND FOR CORNER;
NORTH89'S1'S4' WEST. A DISTANCE OF 9.10 iEET TO A 5/8' IRON ROD SET PoR CORNER;
SOUTH 89'13'33' WEST. A DISTANCE OF 52.28 FEET TO A S/8" IRON ROD SET FOR CORNER;
SOUTH 88'04'38" WEST. A DISTANCE OF 80.00 FEET TO A RIGNT-OF-WAY MONUMENT FOUND FOR CORNER:
SOUTH 86'56'15' 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 FEEF TO AN 'X" SET FOR CORNER AT THE SOUTHWEST
CORNER OF SAID 0.76 ACRE TRACT AND IN THE EAST UNE OF A CAUFD 3 ACRE TRACT OF LAND DESCRIBED IN
A DEED TO THE BOARD OF AMERICAN MISSIONS OF THE LUTHERAN CHURCH IN AMERICA OF RECORp IN VOLUME
656, PAGE 396 OF THE DEED RECORDS Oi DENTON COUNTY. TEXAS:
1HENCE NORTH 01.07'45` EAST WTTH SAID EAST UNE, A DISTANCE OF 454.66 FEEF 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
0077 Oi RECORD IN COUNTY CLERK FILE NUMBER 96-R0033174 OF THE REAL PROPERTY RECORDS OF DENTON
COUNTY, TIXAS. FROM WHICH A t/2" IRON R00 FOUND FOR REFERENCE BEARS NORTH 01.0715` EAST, A
DISTANCE OF 1.68 FEET:
THENCE SOUTH 68.73'59" EAST WTTH THE SOUTH UNE THEREOF 4ND CONTINUING, A DISTANCE OF 1593.38 FEET
TO A 1f2' IRON ROD FOUND FOR A NORTHEAST CORNER OF SAID 14.22 ACRE TRACT OF tANO;
1HENCE WTTH EASTERLY AND NORTHERLY UHES OF SAID 14.22 ACRE TRACT THE FOLLOWING COURSES AND
DISTANCES:
SOUTH 01'31'15" WEST. A DISTANCE OF 151,47 FEET 70 A 1/2" IRON ROD FOUND FOR CORNER:
SOUTH 23'33'17 WEST. A DISTANCE OF 95.61 FEET TO A 1/2" IRON ROb PoUNb FOR CORNER:
SOUTH 65'51'54` EAST, A DISTANCE OF 79.73 FEEF TO A i/2" IRON R00 FOUND FOR CORNER;
THENCE SOUTH 86'78'24" E45T CONTINUING W11N A NORTH UNE OF SAID 14.22 ACRE TRACT. A DISTANCE OF
248.01 FEET t0 THE PLACE OF BEGINNING AND CONTAINING 19.136 ACRES OF LAND.
i, Peter R. Hlne, RegtsNrsd Prolesalonal land Surveyor of the State of Texas, do hereby ceAlfy that the plat
shown hsroon wva prepvred from an vctuaf and a<curale survey made on the ground, and ihdt the comer
monumaMa shown hereon were found or placed under my personal supervlslon
RELEASED 11/02/05 FOR REVIEW PURPOSES ONLY. THIS
DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE
pet+r R. Hlne, Rsglalerod Professionvl Land 5urveyar NO. 5574
2
EXHIBIT B -ALTERNATIVE DEVELOPMENT PLAN
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