2005-006AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATWE
DEVELOPMENT PLAN FOR APPROXIMATELY 0.506 ACRE OF LAND GENERALLY
LOCATED ADJACENT TO THE EAST RIGHT-OF-WAY LINE OF WOODROW LANE,
APPROXIMATELY 700 FEET SOUTH OF MCKINNEY STREET IN THE J. BROCK SURVEY,
ABSTRACT NO. 55 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.
(ADP04-0005)
WHEREAS, Bates Architects has applied for an alternative development plan for
approximately .506 acre of land in the City of Denton, Texas located in a Community Mixed Use
(CM-G) zoning district, as more particularly described in Exhibit "A" attached hereto and made a
part hereof by reference (the "Property") which altemative development plan is on file in the City's
Planning Department, a copy of which is attached hereto and made a part hereof as Exhibit "B" (the
Alternative Development Plan); and
WHEREAS, on December 1, 2004, the Planning and Zoning Commission recommended
approval of a Alternative Development Plan for allowing parking between the building and
Woodrow Lane.
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 for the Property to allow
parking between the building and Woodrow Lane, subject to the following conditions:
a. The approval of a variance on the minimum right-of-way requirement. The
application for such variance shall be submitted at the same time as the preliminary
plat application.
b. The abandonment of right-of-way between the 40-feet right-of-way line and the
property line prior to final plat approval.
SECTION 3. If any provision of this ordinance or the application thereof to any person or
cimumstance 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 of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the ~ day of ~,/2,g,~ ,200o~..
ATTEST:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
PAGE 2
Exhibit A
FIELD NOTES
0.606 ACRE
BEING all that certain lot, tract or parcel of land situated in the J. Brock Survey
Abstract Number 55 in the City of Denton, Denton County, Texas, being all that
certain tract of land oonveyed by deed to William L. Mitchell, II and David J.
Moraine recorded under Document Number 2004-1871, Real Property Records,
Denton County, Texas, and being more particularly described as follows:
BEGINNING at an iron rod found for corner in the east line of Woodrow lane, a
public roadway having a right-of-way of 80.0 feet, said point being the northwest
corner of Shyster Addition, an addition to the City of Denton, Denton County,
Texas according to the plat thereof recorded in Cabinet Q, Page 242, Plat
Records, Denton County, Texas;
THENCE N 01° 27' 03" E, 74.62 feet with said east line of said Woodrew lane to
an iron rod found for corner;
THENCE N 01 ° 07' 42" W, 80.31 feet with said east line of said Woodrow Lane
to an iron rod found for corner, said point being the southwest corner of
Buchanan Addition, an addition to the City of Denton, Denton County, Texas
according to the plat thereof recorded in Cabinet S, Page 145, Plat Records,
Denton County, Texas;
THENCE S 89° 38' 15" E, 142.68 feet with the south line of said Buchanan
Addition to an iron md found for comer in the west line of Country Park Addition,
an addition to the City of Denton, Denton County, Texas according to the plat
thereof recorded in Cabinet L, Page 320, Plat Records, Denton County, Texas;
THENCE S 00° 30' 40" E, 154.44 feet with said west line of said Country Park
Addition to an iron red found for corner, said point being the northeast corner of
said Shyster Addition;
THENCE N 89* 49' 25" W, 144.36 feet with said north line of said Shyster
Addition to the PLACE OF BEGINNING and containing 0.506 acre of land.
Exhibit B