2003-238ORDINANCE NO. a W,,~-AM
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE
DEVELOPMENT PLAN ON APROXIMATELY 42.5 ACRES OF LAND GENERALLY
LOCATED NORTH OF LOOP 288, SOUTH OF LONG ROAD, BETWEEN SHERMAN DRIVE
AND STUART ROAD, WITHIN A NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF
MODIFYING PARKING, STREET TREE, TREE CANOPY, LANDSCAPING, AND
LIGHTNING REQUIREMENTS; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE. (ADP03-0002)
WHEREAS, Denton Independent School District 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 42.5 acres of
land located in a Neighborhood Residential 4 (NR-4) zoning district, as more particularly described
in Exhibit `B' attached hereto and made a part hereof by reference (the "Property"); and
WHEREAS, on July 9, 2003, the Planning and Zoning Commission recommended approval
of a Alternative Development Plan; and
WHEREAS, the City Council finds 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 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 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.
PASSED AND APPROVED this the O day of '2003.
Ack-
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY
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Exhibit B
DEDICATION
STATE OF TEXAS
COUNTY OF DENTON
WHEREAS THE DENTON INDEPENDENT SCHOOL DISTRICT the owner of a certain tract of land in
the Samuel McCracken Survey Abstract Number 817, in the City of Denton, Denton County, Texas being a
part of the called 120.420 acre tract described in the deed from Edward F. Wolski to the Denton
Independent School District recorded under Clerk's File Number 97-R0083710 of the Real Property
Records of Denton County, Texas; the subject tract being more particularly described as follows:
BEGINNING at the Northwest comer of the herein described tract in the center of Long Road on the North
line of the said 120.420 acre tract from which a 1/2 inch iron rod found with a yellow plastic cap stamped
"SENTCORP RPLS4001" (herein after referred to as 1/2"IRF) at the Northwest comer of LOT 1, BLOCK
A, C. H. COLLINS ATHLETIC COMPLEX as shown by the plat thereof recorded in Cabinet U, Page 583
of the Plat Records of Denton County, Texas bears South 00 Degrees 52 Minutes 04 Seconds West a
distance of 55.00 feet;
THENCE South 00 Degrees 52 Minutes 04 Seconds West a distance of 55.00 feet to the said 1/2"IRF at the
Northwest corner of Lot 1, Block A;
THENCE South 30 Degrees 55 Minutes 07 Seconds West with the West line of Lot 1, Block A a distance
of 575.81 feet a 1/2"IRF;
THENCE South 00 Degrees 00 Minutes 00 Seconds East continuing with the West line of Lot 1, Block A a
distance of 370.32 feet to a 1 /2"IRF at the Southwest comer thereof;
THENCE South 85 Degrees 59 Minutes 48 Seconds West across the 120.420 acre tract a distance of 193.52
feet a 1/2 inch iron rod set with a yellow plastic cap stamped "Coleman 4001" (herein after referred to as
1/2"IRS);
THENCE North 90 Degrees 00 Minutes 00 Seconds West across the 120.420 acre tract a distance of 385.05
feet a 1/2"IRS;
THENCE South 37 Degrees 27 Minutes 26 Seconds West across the 120.420 acre tract a distance of 101.38
feet to a 1/2"IRS at the beginning of a curve to the right having a radius of 175.07 feet;
THENCE Along the arc of the said curve, an arc length of 123.41 (chord bearing South 57 Degrees 39
Minutes 08 Seconds West a distance of 120.87 feet) to a 1/2"IRS at a point in a compound curve;
THENCE Along the arc of a curve to the right having a radius of 786.05 feet, an arc length of 333.45
(chord bearing North 90 Degrees 00 Minutes 00 Seconds West a distance of 330.95 feet) to a 1/2"IRS at a
point in a compound curve;
THENCE Along the arc of a curve to the right having a radius of 175.07, an arc length of 123.41 (chord
bearing North 57 Degrees 39 Minutes 08 Seconds West a distance of 120.87 feet) to a 1/2"IRS at the end of
the said curve;
THENCE North 37 Degrees 27 Minutes 26 Seconds West across the 120.420 acre tract a distance of 88.78
feet to a 1/2"IRS;
THENCE North 90 Degrees 00 Minutes 00 Seconds West across the 120.420 acre tract a distance of 542.52
feet to a 1 /2"IRS;
THENCE North 00 Degrees 00 Minutes 00 Seconds East across the 120.420 acre tract a distance of 974.14
feet to the North line of the 120.420 acre tract in Long Road;
THENCE South 89 Degrees 07 Minutes 56 Seconds East along the center of Long Road with the North line
of the 120.420 acre tract a distance of 2,068.39 feet to the PLACE OF BEGINNING and enclosing 42.699
acres of land.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENT:
THAT, DENTON INDEPENDENT SCHOOL DISTRICT does hereby adopt this plat designating the
herein described property as LOT 2, BLOCK A, C. H. COLLINS ATHLETIC COMPLEX in the City of
Denton, Denton County, Texas and does hereby dedicate to the public use forever the street rights-of-way
and public easement shown hereon.
DENTON INDEPENDENT SCHOOL DISTRICT
Norm Sisk, Director of Operations
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the _ day of by Norm Sisk of DENTON
INDEPENDENT SCHOOL DISTRICT, on behalf of the said school district.
(Signature of Notary)
My commission expires: