2005-335
s: \OUf Documents\Ordinanccs\05\A 0 PUS-DOOG.doc
ORDINANCE NO. Z tJ(}5- 336-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE
DEVELOPMENT PLAN FOR APPROXIMATELY 6.674 ACRES OF LAND GENERALLY
LOCATED ON THE SOUTH SIDE OF WILLOWOOD STREET, APPROXIMATELY 197 FEET
WEST OF MCCORMICK, WITHIN A NEIGHBORHOOD RESIDENTIAL ZONING DISTRICT
(NR-4), IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND LEGALLY
DESCRIBED AS SET FORTH IN EXHIBIT B, ATTACHED HERETO AND INCORPORATED
HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP05-
0006)
WHEREAS, Mark Ramsey 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 6.674 acres of land legally
described as set forth in Exhibit B, attached hereto and incorporated herein; and
WHEREAS, on October 12,2005, having determined that the criteria set forth in Sections
35.3.4.B.fand 35.13.5.A of the Denton Development Code had been satisfied by the plan, subject to
the conditions proposed, the Planning and Zoning Commission recommended approval, with
conditions, of the proposed Alternative Development Plan; and
WHEREAS, the City Council finds that the findings of the Planning and Zoning Commission
are true, and the proposed Alternative Development Plan, as conditioned, is consistent with the
Denton Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the findings and recitations contained in the preamble of this ordinance
arc incorporated herein and found to be true;
SECTION 2. That the Alternative Development Plan attached and incorporated hereto as
Exhibit A, for the property legally described as set forth in Exhibit B, as attached and incorporated
herein, is hereby approved, subject to the conditions therein contained;
SECTION 3. That if any provision of this ordinance, or the application thereofto 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. That any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00, with each day of violation constituting a
separate and district offense; and
SECTION 5. That 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.
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PASSED AND APPROVED this the / - day of 'V 'M./!Wf A ,2005
C~~~
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER;-eITY-AT-TORNEY
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PAGE 2
EXHIBIT A
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PAGE 3
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Exhibit B
FIELD NOTES to all that certain tract of land situated in the A.N.B. TOMPKINS
SURVEY, Abstract No. 1246, in the City of Denton, Denton County, Texas and being a
part of Lot I and a part of Lot 2, Block 2, HOME ACRES ADDITION, an addition in the
City of Denton, Denton County, Texas according to the Plat thereof recorded in Volume
I, Page 7.1/2 of the Plat Records of Denton County, Texas, also being a resurvey of a
called 6.674 acre tract of land described in the deed from Mel Wheeler, Inc. to Denton
Shop with a Cop, Corporation, as recorded in County Clerk's File No. 97-R0049971 of
the Real Property Records of Denton County, Texas; the subject tract being more
particularly described as follows:
BEGINNING at a Y2" iron rod found for the Northeast comer of said 6.674 acre tract in
the recognized South line of Willowood Street, from which the Northeast comer of said
Lot I bears North 00 degrees 25 minutes 50 seconds East at a distance of 8.00 feet;
THENCE South 00 degrees 25 minutes 50 seconds West with the East line of said tract
and said Lots I & 2 a distance of 703.66 feet to the Southeast comer of said tract and said
Lot 2;
THENCE North 88 degrees 40 minutes 18 seconds West with the South line of said tract
and said lot a distance of 413.10 feet to the Southwest comer of said lot;
THENCE North 00 degrees 25 minutes 52 seconds East with the West line thereof a
distance of 704.00 feet to an "X" cut found for the Northwest comer of said tract tract in
the recognized South line ofWillowood Street;
THENCE South 88 degrees 37 minutes 28 seconds East with the North line thereof a
distance of 413.09 feet to the PLACE OF BEGINNING and enclosing 6.674 acres of
land, more or less.