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2003-133ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN ALTERNATIVE DEVELOPMENT PLAN ON APROXIMATELY 0.5 ACRE OF LAND GENERALLY LOCATED AT THE NORTHEAST CORNER OF AVENUE A AND FANNIN STREET, WITHIN A DOWNTOWN RESIDENTIAL 2 (DR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF ALLOWING AN ARTIFICAL FACADE THAT WILL APPEAR TO BE THE MAIN ENTRY FROM AVENUE A; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (ADP03-0004) WHEREAS, Irwin Realty Group has applied for an altemafive 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 0.5 acre of land located in a Downtown Residential 2 (DR-2) zoning district, as more particularly described as Block 2, Lot 5 of the Wattam Addition, and addition to the City of Denton, Texas (the "Property"); and WHEREAS, on April 9, 2003, the Planning and Zoning Commission recommended approval of a Alternative Development Plan for an artificial facade; and WHEREAS, the City Council fmds 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 fmdings 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 thereofto 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 sen, able. 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 offonse. 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 dally newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the /-~:-Vday of ~r.~ ,2003. EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~~ PAGE 2 Exhibit A Exhibit A _~ ! S ~: ~ ~ ....