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2003-202ORDINANCE NO. ~~D✓ 07~~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN FOR BRINKER CROSSING DEVELOPMENT, BEING AN APPROXIMATE 2 ACRE SITE LOCATED APPROXIMATELY 450 BEET SOUTH OF LOOP 288 ALONG THE WEST SIDE OF BRINKER ROAD LEGALLY DESCRIBED AS LOTS 5 AND 6 BLOCK A OF THE BRINKER CROSSING ADDITION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP03-0005) WHEREAS, the owner of an approximate 2 acre tract of land zoned Regional Center Commercial Downtown (RCC-D) and legally described as Lots 5 and 6 Block A of the Brinker Crossing Addition has made an application for approval of an alternative development plan under the Development Code regulations on file in the Planning Department, a copy of which is attached hereto as Exhibit "A" and made a part hereof by reference (the "Alternative Development Plan"); and WHEREAS, on May 14, 2003, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested 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. 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. Page 1 of 2 PASSED AND APPROVED this the day of 12003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY. CITY ATTORNEY BY: Page 2 of 2 ywWgg~gKpg~~ .a.... -I•«`•'• SYMINOLNIC NV'Id ails aaa+n< ov »=a u= s.~+a ...++yi _ ^y sv umH~wx ONISS0II31I3HNI2IH 3 AILVNZI3L'IV "K b a•. +>s ryi{AA.9N r a • p i ~ ~ ~7 c ~e ~ e < x~e ~ 6 z ~ H F l '1I lmI 8y v~ 94p' 7 L -J a T" I s ~ ~ j @€ b LH 5§ a > ~a e . EXHIBIT A Q ~+j• I qil m 1 l I 41 y Ild G3 °aA 3~ ~3 O