2003-088ORDINANCE NO. - ODD 400
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
ALTERNATIVE DEVELOPMENT PLAN FOR A NEIGHBORHOOD RESIDENTIAL MIXED
USE 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE
PURPOSE OF ALLOWING A PARKING LOT BETWEEN THE STREET AND THE BUILDING
FOR AN APPROXIMATELY 77 ACRE SITE LOCATED IN THE J.C. SURVEY ON 2181
(TEASLEY LANE) SOUTHEAST OF LEATHERWOOD ROAD AND WEST OF BLUEBONNET
ROAD IN DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE. (ADP03-0001).
WHEREAS, the Denton Independent School District ("DISD") 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 a portion of
approximately 77 acres of land located in a Neighborhood Residential 2 (NR-2) zoning district as
more particularly described in Exhibit "B" attached hereto and made a part hereof by reference; and
WHEREAS, on February 12, 2003, the Planning and Zoning Commission recommended
approval of the requested alternative development plan with the following condition;
Additional landscaping will be provided between the parking lot and street frontage; and
WHEREAS, the City Council finds that the approval of the Alternative Development Plan is
consistent with the Comprehensive 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 of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
PAGE 2
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Exhibit B
All that certain tract of land situated in the J. C. Baker Survey Abstract Number 47,
Denton County, Texas and being a part of the called 13.404 acre tract described in the
deed from Glenn Wayne Gray, Jr. et ux to Denton Independent School District recorded
in Volume 4088, Page 874 of the Real Property Records of Denton County, Texas, a part
of the called 13.406 acre tract described in the deed from Brandon S. Gray et ux to
Denton Independent School District recorded in Volume 4088, Page 870 of the said Real
Property Records, a part of the called 13.387 acre tract described in the deed from
Charles Rudy Roach et al to Denton Independent School District recorded in Volume
4088, Page 860 of the Real Property Records, and the called 37.595 acre tract described
in the deed from Claude D. Roach et at to Denton Independent School District recorded
in Volume 4088, Page 865; the subject tract being more particularly described as follows:
BEGINNING for the Northwest comer of the tract being described herein, at a 2 inch
steel fence comer post and the Northwest corner of the said 13.404 acre tract on the East
right-of-way of F. M. 2181;
THENCE South 89 Degrees 36 Minutes 01 Seconds East along a wire fence with the
North line of the said 13.404 acre tract a distance of 1,648.84 feet to a 1/2 inch iron rod
found at a fence comer post at the Northeast comer thereof,
THENCE South 00 Degrees 39 Minutes 08 Seconds West with the East line of the said
D.I.S.D. tracts a distance of 2,123.93 feet to a 1 inch iron rod found at the Southeast
corner of the said 37.595 acre tract;
THENCE South 89 Degrees 40 Minutes 02 Seconds West with the South line of the
37.595 acre tract a distance of 1,355.43 feet to a 1 inch iron rod found at a fence corner
post on the East right-of-way of F. M. 2181;
THENCE Northerly with the East right-of-way of F. M. 2181 along the arc of a curve to
the right having a radius of 1,096.28 feet, an arc length of 583.80 feet (chord bearing
North 20 Degrees 21 Minutes 57 Seconds West a distance of 576.93 feet) to a wood
right-of-way monument;
THENCE North 05 Degrees 06 Minutes 36 Seconds West a distance of 602.44 feet to a
wood right-of-way monument at the beginning of a curve to the right having a radius of
2,955.54 feet;
THENCE Northerly with the arc of the said curve, an arc length of 252.46 feet (chord
bearing North 02 Degrees 39 Minutes 47 Seconds West a distance of 252.39 feet) to a 1/2
inch iron rod set;
THENCE North 00 Degrees 12 Minutes 57 Seconds West continuing with the East right-
of-way of F. M. 2181 a distance of 750.15 feet to the PLACE OF BEGINNING and
enclosing 77.791 acres of land.