2005-040AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE
DEVELOPMENT PLAN FOR APPROXIMATELY 0.833 ACRE OF LAND GENERALLY
LOCATED WEST OF STATE SCHOOL ROAD AND NORTH OF BRIGHTON DRIVE AND
LEGALLY DESCRIBED AS LOT 1, BLOCK 2 OF BRIER CLIFF CENTER 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.
(ADP04-0004)
WHEREAS, Isbell 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 0.833 acre of land legally
described as Lot 2, Block 1 of Brier Cliff Center (the "Property") located in a Regional Center
Community Neighborhood (RCC-N) zoning district; and
WHEREAS, on January 12, 2005, the Planning and Zoning Commission recommended
approval of an Alternative Development Plan; 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 for the Property to allow
alternative buffer requirements, subject to the following conditions:
a. The property owner shall replace the existing fence between the subject site and
residences to the west with the eight-foot (8') fence as proposed in the approved
Alternative Development Plan and elevation. The smooth side of the fence must face the
residential use.
The property owner shall deposit with the City the sum of three thousand and six hundred
dollars ($3,600.00) (the "Deposit") as security for the planting of 18 street trees along
State School Road. The property owner shall plant the required street trees after the
widening of State School Road and relocation of public utilities. When the property
owner completes the planting of the required street trees the City will refund the Deposit
to the property owner. If the property owner fails to complete the planting of the required
street trees after receiving 60 day written notice from the City, the City may use the
Deposit together with any interest accrued thereon to complete the planting of the street
trees.
Page 1
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 l~om 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 /~dayof J~~_~ / ,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~
P~e2
Exhibit A
I
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