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2004-092AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN ON APROXIMATELY 6.3 ACRES OF LAND DESCRIBED AS LOT 1, BLOCK B OF THE RUSSELL-NEWMAN ADDITION WHICH IS GENERALLY LOCATED EAST OF LOOP 288, SOUTH OF CYPRESS BOULEVARD AND WEST OF BLAKE ROAD, COMMONLY KNOWN AS 600 LOOP 288, WITHIN AN EMPLOYMENT CENTER INDUSTRIAL (EC-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF REDUCING TREE CANOPY COVERAGE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (ADP04-0002) WHEREAS, Russell Newman, Inc. 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 6.3 acres of land described as Lot 1, Block B of the Russell-Newman Addition, an addition to the City of Denton, Texas (the "Property") located in a Employment Center Industrial (EC-I) zoning district; and WHEREAS, on March 2, 2004, the Planning and Zoning Commission recommended approval of a Alternative Development Plan for reduced canopy coverage; and WHEREAS, the City Council fmds that the Altemative 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. SECTION 3. If any provision ofthis 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 servable. 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. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: BHi:RB~~ ATTORNEY PAGE 2 EXHIBIT A 37 Live Oak (16.37% _+ Canopy Coverage) Blake Road PAGE 3