2005-365S:\Our Documents\Ordinances\05\ADP05-0007.doc
ORDINANCE NO,aWS-_;~YOS
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE
DEVELOPMENT PLAN FOR APPROXIMATELY 0.828 ACRES OF LAND GENERALLY
LOCATED AT THE SOUTHEAST CONER OF WIND RIVER LANE AND UNICORN LAKE
BLVD.; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (ADP05-0007)
WHEREAS, on September 21, 2005, Brendon O'Leary applied for an alternative
development plan (the "ADP") on approximately 0.828 acres of land particularly described in
Exhibit "A" attached hereto and made a part hereof by reference (the "Property") which ADP is
on file in the City's Planning Department, a copy of which is attached hereto and made a part
hereof as Exhibit "B" which is located in a Regional Centers Commercial Downtown (RCC-D)
zoning district: and
WHEREAS, on November 9, 2005, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommended approval of the requested change in zoning;
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. 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 the
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 L~ day of 12005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: t CIX
APPROVED AS TO LEGAL FORM:
EDWIN M.-SNYDER, CITY ATTM
Exhibit A
METES AND BOUNDS
0.8281 ACRES
M.E.P. & P.R.R. CO. Survey, Abstract No. 228
City of Denton, Denton County, Texas
BEING a tract of land situated in the M.E.P. & P.R.R. CO. Survey, Abstract No. 228, in the City of Denton, Denton County,
Texas, and being a part of the 136.50 acre tract of land described in deed to Windjammer, Ltd., recorded in Denton County
Clerk's File No. 98-R0625520 and 98-R0093041 of the Real Property Records of Denton County, Texas, and being more
particularly described as follows:
BEGINNING at a 5/8-inch iron rod with cap stamped "C-B" found in the southerly right-of-way line of Wind River Lane
(80-foot wide public right-of-way) dedicated by deed to the City of Denton, recorded in Denton County Clerk's File No.
99-R0065227 of the Real Property Records of Denton County, Texas for the northeasterly comer of the 3.307 acre tract of
land described in deed to the City of Denton for Unicorn Lake Boulevard, recorded in Denton County Clerk's File No.
2004-R0158897 of the Real Property Records of Denton County, Texas and the beginning of a curve to the left;
THENCE with the southerly right-of-way line of Wind River Lane,with the curve to the left, through a central angle of
18°28'12" having a radius of 540.00 feet, a chord bearing and distance of North 63°02'51" East, 173.32 feet, an arc
distance of 174.08 feet to a 5/8-inch iron rod stamped "C-B" found for the northwest corner of Lot 2, Block B of UNICORN
LAKE LOTS 1 & 2, BLOCK B, an addition to the City of Denton, Texas, according to the plat thereof recorded in Cabinet
W, Slide 358 of the Plat Records of Denton County, Texas;
THENCE with the southwest line of Lot 2, Block B, South 50°29'09" East, a distance of 154.74 feet to a 5/8-inch iron rod
with a plastic cap stamped "KHA" set for the beginning of a non-tangent curve to the right;
THENCE leaving the southwest line of Lot 2, Block B, Southwesterly, with the curve to the right, through a central angle of
24°03'56", having a radius of 691.00 feet, a chord bearing and distance of South 62°40'30" West, 288.11 feet, an arc
distance of 290.24 feet to a 5/8-inch iron rod with a plastic cap stamped "KHA" set in the easterly right-of-way line of
Unicorn Lake Boulevard;
THENCE with the easterly right-of-way line of Unicorn Lake Boulevard, the following courses and distances to wit:
--North 12°15'02" West, a distance of 136.45 feet to 5/8-inch iron rod with a cap plastic stamped "C-B" found for comer;
--North 30°24'49" East, a distance of 21.81 feet to the POINT OF BEGINNING and containing 0.8281 acres of land, more
or less.
Bearing system based upon State Plane Coordinate, North Central Texas Zone
EXHIBIT B
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