2005-203S:\Our Documents\Ordinmces\05\ADP05-0003.dm
ORDINANCE NO. 2a9,5_-20_-7
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE
DEVELOPMENT PLAN FOR APPROXIMATELY 30 ACRES OF LAND GENERALLY
LOCATED EAST OF NOTTINGHAM DRIVE, BETWEEN UNIVERSITY DRIVE AND MINGO
ROAD, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING
DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP05-
0003)
WHEREAS, Pacheco Koch Consulting Engineering 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
30 acres of land particularly described in Exhibit "B" attached hereto and made a part hereof as
Exhibit "B" (the "Property") which is located in a Neighborhood Residential Mixed Use (NRMU)
zoning district; and
WHEREAS, on July 13, 2005, the Planning and Zoning Commission recommended approval
of the Alternative Development Plan; which allows the applicant to deviate from § 35.13.10.B.1.d
(Permeable paving Requirements) and § 35.13.10.B. Lc (Vehicular Circulation Requirements) of the
Development Code and
WHEREAS, the City Council finds that the Alternative 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.
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 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 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 ofDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the~26YIZday of _ 12005
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
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EXHIBIT B
LEGAL DESCRIPTION
DESCRIPTION of a 30.200 acre tract of land situated in the William Lloyd Survey, Abstract No.
773, City of Denton, Denton County, Texas; said tract being part of a tract of land described in a
Special Warranty Deed to Denton Bible Church recorded in Volume 5388, Page 2573 of the Real
Property Records of Denton County, Texas and part of a tract of land described in a Warranty
Deed to Denton Bible Church recorded in Volume 4657, Page 1224 of said Deed Records and
part of a tract of land described in a Warranty Deed to Denton Bible Church recorded in Volume
4615, Page 1132 of said Deed Records and being part of Lot 2, Block B Denton Bible Church
Addition, an addition to the City of Denton, Denton County, Texas according to the plat thereof
recorded in Cabinet V, Slide 880 of the Map Records of Denton County, Texas; said 30.200 acre
tract being more particularly described as follows;
The Bearing system for this description is based on a bearing of South 88 degrees, 53 minutes,
59 seconds East for the south right-of-way line of East University Drive according to the first
referenced Denton Bible Church tract Special Warranty Deed,
BEGINNING, at a 1/2-inch iron rod found; said point being in the south right-of-way line of East
University Drive (U.S. Highway 380, a variable width right-of-way); said point being the most
northerly northeast corner of said Denton Bible tract (first mentioned) and being the northwest
corner of a tract of land described in Warranty Deed with Vendor's Lien from Mistry Enterprises,
Inc. to SM7, Inc. d.b.a. Highland Food Store recorded in Volume 4311, Page 2828 of said Deed
Records;
THENCE, South 10 degrees, 12 minutes, 38 seconds West, departing the said south line of East
University Drive and along the west line of said SM7 Inc. tract, a distance of 140.11 feet to a 1/2-
inch iron rod found at the southwest corner of said SM7 Inc. tract; said point being the beginning
of a tangent curve to the left;
THENCE, southeasterly, departing said southwest corner of said SM7 Inc. tract, and along said
curve to the left, having a central angle of 22 degrees, 52 minutes, 36 seconds, a radius of
682.59 feet, on a chord bearing and distance of South 01 degrees, 13 minutes, 40 seconds East,
270.74 feet, an arc distance of 272.54 feet to a 5/8-inch iron rod found for comer; said point being
in the west line of a tract of land described in Special Warranty Deed from BRE-N, Inc. to Denton
Village East Apartments, L.P. recorded in County Clerk File Number 97-068469 of said Deed
Records,
THENCE, South 12 degrees, 39 minutes, 58 seconds East, a distance of 307.34 feet to a 112-
inch iron rod found at an angle point;
THENCE, South 12 degrees, 16 minutes, 07 seconds East, a distance of 273.69 feet to a 1/2-
inch iron rod with "Pacheco Koch" cap set for corner on the north right-of-way line of Mingo Road
(a variable width right-of-way, 110-feet wide at this point); from which
a 1/2-inch iron rod with "Pacheco Koch" cap found at the southwest corner of said
Denton Village East Apartments, L.P. tract bears South 12 degrees, 16 minutes, 07 seconds
East, a distance of 50.31 feet,
THENCE, South 69 degrees, 38 minutes, 26 seconds West, along the said north line of Mingo
Road, a distance of 1231.91 feet to a 1/2-inch iron rod with "Pacheco Koch" cap set for corner on
the east line of the remainder of a tract of land described in a deed to Denton Bible Church
recorded in Volume 2495, Page 675 of said Deed Records,
THENCE, North 18 degrees, 26 minutes, 31 seconds West, passing at a distance of 121.74 feet
the northeast corner of said remainder tract and the southeast corner of Lot 1, Block B, Denton
Bible Church Addition, an addition to the City of Denton, Denton County, Texas according to the
plat thereof recorded in Cabinet L, Slide 108 of said Map Records, continuing, for a total distance
of 363.77 feet to a 1/2-inch iron rod with "Pacheco Koch" cap found for corner; said point being
the northwest corner of said Denton Bible Church tract (Volume 4615, Page 1132) and being the
southwest corner of a tract of land described as "Third Tract" in a deed to Willie H. Rainey
(Trustee) of the William V. Rainey Testamentary Trust recorded in Volume 4423, Page 1870 of
said Deed Records;
THENCE, North 73 degrees, 54 minutes, 27 seconds East, along the south line of said Willie H.
Rainey tract, a distance of 91.68 feet to an old wood fence post found for corner;
THENCE, North 72 degrees, 37 minutes, 13 seconds East, continuing along the south line of said
Willie H. Rainey tract, a distance of 50.36 feet to a wood fence post found at the southeast corner
of said Willie H. Rainey tract;
THENCE, North 07 degrees, 46 minutes, 58 seconds East, along an east line of said Willie H.
Rainey tract, a distance of 11.37 feet to a 1/2-inch iron rod found for corner; said point being the
most northerly northwest corner of said Denton Bible Church tract (Volume 4657, Page 1224) and
the southwest corner of said Denton Bible tract (first mentioned);
THENCE, North 00 degrees, 35 minutes, 31 seconds East, along an east line of said Willie H.
Rainey tract, a distance of 1054.96 feet to a wood fence post found for corner in the said south
line of East University Drive; said point being the beginning of a non-tangent curve to the right
whose center bears South 04 degrees, 56 minutes, 23 seconds East, a distance of 3749.72 feet
from said point;
THENCE, in an easterly direction along said south line of East University Drive and said non-
tangent curve to the right, through a central angle of 00 degrees, 13 minutes, 54 seconds, a
radius of 3749.72 feet, an arc distance of 15.16 feet, on a chord bearing and distance of North 85
degrees, 10 minutes, 34 seconds East, 15.15 feet to a 1/2-inch iron rod found at a TXDOT wood
right-of-way marker at the end of said curve;
THENCE, South 88 degrees, 53 minutes, 59 seconds East, continuing along said south line of
East University Drive, a distance of 759.01 feet to a TXDOT Concrete Highway R.O.W.
monument found at the beginning of a non-tangent curve to the right whose center bears South
06 degrees, 09 minutes, 49 seconds West, a distance of 3749.72 feet from said point;
THENCE, in an easterly direction continuing said south line of East University Drive and along the
said non-tangent curve to the right, through a central angle of 03 degrees, 43 minutes, 07
seconds, an arc distance of 243.36 feet, on a chord bearing and distance of South 81 degrees,
58 minutes, 37 seconds East, 243.33 feet to the POINT OF BEGINNING:
CONTAINING, 1,315,501 square feet or 30.200 acres of land, more or less.