Loading...
2004-091AN ORDINANCE OF TIlE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN FOR THE DENTON STATION THEATER COMPLEX, BEING AN APPROXIMATE 10.25 ACRE SITE LOCATED ALONG THE NORTH SIDE OF INTERSTATE 35 EAST APPROXIMATELY 230 WEST OF CENTRE PLACE BOULEVARD, AND LEGALLY DESCRIBED AS TRACTS 311,334, 335 AND 336 OF THE A. HILL SURVEY AND LOTS 10 AND 11 OF THE INMAN ADDITION; PROVIDING FOR A SAVING CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP03-0010) WHEREAS, Premier Cinema Corporation, owner of an approximate 10.2 acre tract of land zoned Downtown Commercial General (DC-G) more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"), has made an application for approval of an alternative development plan under the Development Code regulations which is on file in the offices of the City's Planning Department, and a copy of which is attached hereto as Exhibit "B" and made a part hereof by reference (the "Alternative Development Plan"); and WHEREAS, on February 25, 2004, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the Alternative Development Plan; and WHEREAS, the City Council finds that the Alternative Development Plan is consistent with the Comprehensive Plan; and, WHEREAS, the City Council finds that the Alternative Development Plan, with the conditions imposed herein, if any, meets the requirements of the Development Code; 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 by reference. SECTION 2. The Alternative Development Plan is hereby approved for the Property. 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. Page 1 of 2 SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby d'zrected 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 ~/5~ day of (7/fif~/)~ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: Page 2 of 2 EXHIBIT A PROPERTY DESCRIPTION OF 10.136 ACRE TRACT SITUATED in the City of Denton, Denton County, Texas, and in the Alexander Hill Survey, Abstract Number 623 and being a part of a 19.33 acre tract of land as described in a deed from Campus Park Denton, LTD., to Campus Park Denton II, LTD., recorded in Volume 4911, Page 1952, of the Real Property Records of Denton County, Texas, and being Lots 3, 4, and 5, Block A of Denton Park 35 Addition, and addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet U, Page 418, Plat Records of Denton County, Texas, and being more fully described as follows: BEGINNING at a 5/8 inch iron rod found at the Northeast corner of the said Lot 5 of Denton Park 35 Addition; THENCE South 01 degrees 25 minutes 41 seconds East, with the East line of said Lot 5, passing a ½ inch iron rod found at a distance 211.05 feet at the Southeast comer of said Lot 5 same being Northeast corner of said Lot 3 and continuing with the East line said Lot 3 a total distance of 257.78 feet to a % inch iron rod set with a blue plastic cap stamped "GEES INC." (hereinafter referred to as a % inch iron rod set) for a corner; THENCE South 01 degrees 22 minutes 11 seconds East, continuing with the East line of said Lot 3 a distance of 164.78 feet to a % inch iron rod found for a corner; THENCE South 88 degrees 35 minutes 13 seconds West, with the South line of said Lots 3 and 4 a distance of 422.70 feet to a % inch iron rod set for a comer at the Southwest comer of said Lot 4; THENCE North 01 degrees 07 minutes 21 seconds West, with the West line of said Lot 4 a distance of 176.38 feet to a % inch iron rod set for a corner; THENCE North 89 degrees 52 minutes 48 seconds West, with the Southerly most South line of said 19.33 acre tract and the North line of Lot 1, Block 1 of the ACI Addition, an addition to the City of Denton, Texas, recorded in Cabinet L, Page 245, Plat Records of Denton County, Texas, a distance of 149.11 feet to a 5/8 inch iron rod found at the Southeast corner of Lot 1, Block 1 of Campus Housing Addition, an addition to the City of Denton, Texas, recorded in Cabinet R, Page 198, Plat Records of Denton County, Texas; THENCE with East line of said Lot 1, Block 1 of Campus Housing Addition the following courses and distances; North 00 degrees 00 minutes 00 seconds West a distance of 107.30 feet to a % inch iron rod set for a corner; South 89 degrees 58 minutes 10 seconds West a distance of 123.55 feet to a % inch iron rod set for a comer; North 00 degrees 00 minutes 00 seconds West a distance of 138.82 feet to a ½ inch iron rod set for a corner; North 90 degrees 00 minutes 00 seconds East a distance of 127.67 feet to a ½ inch ~ron rod set for a corner; North 00 degrees 00 minutes 00 seconds West a distance of 81.00 feet to a % inch iron rod set for a corner; North 90 degrees 00 minutes 00 seconds West a distance of 80.17 feet to a ½ inch iron rod set for a corner; North 00 degrees 00 minutes 00 seconds West a distance of 87.12 feet to a % inch ~ron rod set for a corner; North 90 degrees 00 minutes 00 seconds West a distance of 115.69 feet to a ~ inch iron red set for a corner; North 00 degrees 00 minutes 00 seconds West a distenco of 74.85 feet to a ½ inch iron rod set for a corner; North 89 degrees 29 minutes 58 seconds East a distance of 201.43 feet to a 5/8 inch iron red found for a comer; North 00 degrees 03 minutes 54 seconds West a distenco of 81,21 feet to a ~ inch iron rod set for a corner; North 89 degrees 26 minutes 45 seconds East a distance of 40.92 feet to a ½ inch iron rod set for a corner; North 00 degrees 33 minutes 31 seconds West a distance of 25.00 feet to a 5/8 inch iron red found for a corner in the North line of the said 19.33 acre tract, said iron red also being in the South line of a 27.120 acre tract of land as described in a deed recorded in Volume 4430, Page 1273 of the Real Property Records, Denton County, Texas; THENCE North 89 degrees 26 minutes 28 seconds East, with the North line of the said 19.33 acre tract and the South line of the said 27.120 acre tract a distance of 492.03 feet to ½ inch iron rod set for a corner; THENCE South 01 degrees 24 minutes 22 seconds East a distance of 346.74 feet to a ~ inch iron rod set for a comer in the North line of Lot 5, Block A of Denton Park 35 Addition, an addition to the City of Denton, Denton County, Texas, according to the plat recorded in Cabinet U, Page 418 of the Plat Records of Denton County, Texas; THENCE North 88 degrees 27 minutes 33 seconds East, with the North line of said Lot 5 a distance of 14.00 feet to the point of beginning and containing 10.136 acres of land more or less. Bearing system is based on Campus Housing Addition, an addition to the City of Denton, Texas, recorded in Cabinet R, Page 198, Plat Records of Denton County, Texas. This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interest in real property except those rights and interests implied or established by the creation or reconfiguretion of the boundary of the political subdivision for which it was prepared.