2003-204ORDINANCE NO.OW, -o?Ov
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE
DEVELOPMENT PLAN FOR 3303 COLORADO BOULEVARD, BEING AN APPROXIMATE
0.92 ACRE SITE LOCATED ON THE NORTH SIDE OF COLORADO BOULEVARD
APPROXIMATELY 1,100 FEET EAST OF BRINKER ROAD LEGALLY DESCRIBED AS LOT
2 BLOCK B OF THE DENTON REGIONAL MEDICAL CENTER SUBDIVISION, 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. (ADP03-0007)
WHEREAS, Filippo Masciarelli, the owner of an approximate 0.92 acre tract of land zoned
Regional Center Commercial Neighborhood (RCC-N) and legally described as Lot 2 Block 1 of the
Denton Regional Medical Center subdivision, has made an application for approval of an alternative
development plan under the Development Code regulations, 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 28, 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 with the following
conditions:
1. Either a three (3) foot high fence made of any combination of wrought iron, masonry, or
stone be constructed, or vegetation providing a minimum of 50% opacity be maintained
along the parking area located between the street and the proposed building.
2. A minimum ten (10) foot wide landscape area be maintained along the parking area located
between the street and the proposed building and planted with one (1) large tree for every
forty (40) linear feet within the 10 foot wide landscape area.
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
Page 1 of 2
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 4. 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 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
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