2005-112NO. 0t 6-- //A
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE
DEVELOPMENT PLAN FOR APPROXIMATELY 3.2 ACRES OF LAND GENERALLY
LOCATED AT THE SOUTHWEST CORNER OF WINDRIVER LANE AND 1-35, WITHIN A
REGIONAL COMMERCIAL CENTER DOWNTOWN (RCC-D) ZONING DISTRICTS,
SITUATED IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 950 IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (ADP04-0009)
WHEREAS, Clearwater Construction has applied for an alternative development plan (the
"ADP") on approximately 3.2 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
Property is located in a Regional Centers Commercial Downtown (RCC-D) zoning district; and
WHEREAS, on March 9, 2005, the Planning and Zoning Commission recommended
approval of the ADP; and
WHEREAS, the City Council finds that the ADP 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.
SECTION 2. The ADP 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 other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. Any person violating any provision of this ord'mance 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 thisthe ,~)&J{ dayof /'~,~,~ ,2005
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
PAGE 2
EXHIBIT A
LEGAL DESCRIPTION
BEING a 3.214 acre tract of land situated in the M.E.P. and PR.R. CO. Survey,
Abstract No. 950, in the City of Denton, Denton County, Texas, and being a
portion of that certain tract of land described in deed to Windjammer, Ltd.,
recorded in County Clerk's File No. 98-R0093041 of the Real Property Records
of Denton County, Texas, and being more particularly described by metes and
bounds as follows:
BEGINNING at a 5/8-inch steel rod with plastic cap stamped "JDJR" set at the
intersection of the south right of way line of Windriver Lane (a 80' right-of-way)
recorded in County Clerk's File No. 99-R0065227, Real Property Records,
Denton County, Texas and the southwest right-of-way line of Interstate Highway
35 (a variable width right-of-way);
THENCE South 49 degrees 57 minutes 22 seconds East, with the southwest line
of said highway and the northeast line of said Windjammer Tract, a distance of
244.55 feet to a 5/8-inch steel rod with plastic cap stamped "JDJR" set for corner,
same point being the north corner of a called 3.00 acre save and except tract
described in the aforesaid deed to Windjammer, Ltd. recorded in County Clerk's
File No. 98-R0093041, Real Property Records, Denton County, Texas;
THENCE South 40 degrees 02 minutes 38 seconds West, departing the south
line of said highway and along the northwest line of said 3.00 acre tract, a
distance of 569.47 feet to a 5/8-inch steel rod with plastic cap stamped "JDJR"
set for corner;
THENCE North 49 degrees 57 minutes 22 seconds West, a distance of 261.28
feet to a 5/8-inch steel rod with plastic cap stamped "JDJR" set for corner in the
south line of said Windriver Lane, same being the beginning of a curve to the left
having a radius of 540.00 feet, a central angle of 14°18'54'', a tangent of 67.81
feet, and a chord that bears North 47 degrees 11 minutes 14 seconds East a
distance of 134.57 feet;
THENCE with said curve to the left and with said south line of Windriver Lane, an
arc distance of 134.92 feet to a a 5/8-inch steel rod with plastic cap stamped
"JDJR" set for corner;
THENCE North 40 degrees 02 minutes 38 seconds East, with said south line of
Windriver Lane, a distance of 435.95 feet to the PLACE OF BEGINNING.
CONTAINING a computed area of 140,000 square feet or 3.214 acres of land.
INTERSTATE HWY 35E
t
INTERSTATE HWY 35E