2002-414AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
ALTERNATIVE DEVELOPMENT PLAN FOR A DOWNTOWN COMMERCIAL GENERAL
(DC-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE
PURPOSE OF PROVIDING ALTERNATE DESIGN STANDARDS FOR A DETACHED DRIVE
THRU BANK FACILITY FOR AN APPROXIMATELY AN APPROXIMATE 2.2 ACRE SITE
LOCATED AT 400 WEST OAK STREET IN THE CITY OF DENTON, 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. (SP02-0008).
WHEREAS, Wayne Allen on behalf of Giovani Giomi Properties has applied for an
alternative development plan for approximately 2.2 acres of land commonly known as 400 West Oak
Street, as more particularly described in Exhibit "A" attached hereto (the "Property"); and
WHEREAS, attached hereto and made a part hereof by reference is a copy of the alternate
development plan (the "Alternate Development Plan"); and
WHEREAS, on November 13, 2002, the Planning and Zoning Commission recommended
approval of the requested alternative development plan; and
WHEREAS, the City Council finds that the change is consistent with the Comprehensive
Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Alternate Development Plan for the Property is hereby approved.
SECTION 2. 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 3. 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 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 dally newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the /0?~Cdayofr~/~ ~~ ,2002.
ELrLINE BROCK, MAYOR
PAGE 1
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~~- ~
PAGE 2
Exhibit A
STATE OF' TEXAS
COUNTY OF D~NTON
~I-IEREAS, GIOVANNI O~(~, IS THE SOlE OWIqER OF ALL THAT CERTAIN TRACT O~ PAJ~L OF LAND LYING AND BEING
SIIUAI[D IN ~ WII.UAM NEILL SURLY, ABSTRACT NUMBER .971, CITY OF DENTON, DENTON COUNTY, TEXAS AND
BEING AU. OF A TRACT OF I. AND DESCRIBED IN THE DEED TO GIOVANNI oiOi41. RECORDED UNDER C~RKS FILE
NUI~R 95--R0076930, REAL PROPERTY RECORDS DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNINO AT A FOUND IRON PIN AT THE SOUTHWEST CORNER OF THE OIOMI TRACT ON THF' NORTH UNE OF WEST
~ STREET AT ITS INI[RSECTION WITH THE EAST UNE OF CARROLL BOULEVARD:
THENCE NORTH O0 DEGREES 53 MINUTES 44 ~rCONDS EAST WITH THE EAST UNE OF CARROLL BOULEVARD A
DISTANDE OF 255.56 FEET TO A FOUND 'X' IN CONCRETE-'
THENCE SOUTH 89 DEGREES 56 MINUTES 22 SECONDS WITH THE EAST UNE OF CARflOU. BOULEVARD A DISTAN~ OF
2.99 FEET TO A FOUND 'X' IN GONCR[TE:
THENCE N~RTH O0 DEGREES 18 MINUTES 03 SECONDS EAST CONTINUINO WITH TH[ EAST MNE OF CARROLL
BOULEVARD A OISTANCE OF 55.02 FEET TO A FOUND NAIL AT A NOR1H~E:ST CORNER OF THE GIOMI TRACT IN THE
SOUTH UNE OF A TRACT OF LAND DESCRIBED IN THE DEED TO CHRIS RAESZ RECORDED VOLUME 4963, PAG~ 586.
SAJD REAL PROPERTY RECORDS;
THENCE SOUTH 89 DEGREES 21 MINUTES. 37 SECONDS EAST WITH THE SOUTH LINE OF THE RA[SZ TRACT A
DISTANDE OF 69.69 FEET TO A FOUND IRON PIN;
THENCe: NORTH 89 DEGREES 54 MINUTES 51 SECONDS EAST CONTINUING WITH THE SOUTH UN[ OF THE RAESZ
TRACT A DISTANCE OF 45.77 FEET TO A FOUND IRON PIN AT THE SOUTHEAST CORNER OF THE RAESZ TRACT;
THENCE NORTH O0 DEGREES 57 MINUTES 36 SECONDS EAST WITH THE EAST MNE OF THE RA~SZ TRACT A DIsTANcE
OF 60.81 FEET TO A FOUND IRON PIN AT THE NORTHEAST CORNER OF THE RAESZ TRACT ON THE: SOUTH UNE OF
THE TRACT OF LAND OESCRIBED IN THE DEED TO DONALD H. NIEDERER RECORDED UNDER C~.ERKS FILE NUMBER
94-R00~, SAID REAL PROPERTY RECOROS:
THENCE SOUTH 86 OEGREES ,32 MINUTES 40 SECONDS EAST WITH A SOUTHUNE OF SAID NIEDERER TRACT A
DiSTANCE OF 5.79 FEET TO A FOUND NAJL AT THE SOUTHEAST CORNER OF THE NIEDERER TRACT;
THENcE NORTH O0 DEGREES 27 MINUTES 19 SECONDS EAST WITH THE EAST UNE OF THE NIEDERER TRACT A
D~STANCE OF 107.40 F~EET TO A 'X' EET IN CONCRETE ON THE SOUTH MNE OF'PEARl. STREET;
THENCE SOUTH 88 DEOREES 52 MINUTES 24 SECONDs EAST WITH THE SOUTH UNE OF PEARL STREET A DISTANCE
OF 112.14 FEET TO A EET J~ tNCH IRON PIN WITH A YELLOW PLAS*I1C CAP STAMPED 'METROPLEX 1849';
THENCE SOUTH O00EGREES 10 MINUTES 56 SECONDS WEST A DISTANCE OF 176.67 FEET TO A FOUND IRON PIN IN
THENCE SOUTH 89 DEGREES 04 MINUTES 27 S~COND$ EAST A DISTANCE OF 10.00 FEET TO A FOUND IRON PIN IN
ASPHALT AT THE NORTHttd[ST CORNER OF THE TRACT OF LAND DESCRIBED IN THE DEED TO OO[N--HUD(~[NS
FUNERAL HOME, INC. RECORDED IN VOLUME 1029, PACE 149, DE~O RECORDS OF DENTON COUNTY TEXAS,
THENCE SOUTH O0 DEGREES 14 MINUTES 51 ~CONDS EAST A DISTANCE OF 302.59 FEET TO A 'X' FOUND IN
CONCRETE AT THE SOUTHWEST CORNER OF THE OO~N-HUOG[NS TRACT ON THE NORTH LINE OF W~ST OAK STREET;
THENCE NORTH 89 DEGREES O6 MINUTES 02 SECONDS WEST WITH THE NORTH LINE DE WEST OAK STREET A
DISTANcE OF 249.40 FEET TO THE POINT OF BEGINNING, AND, CONTAINING IN ALL 2,203 ACRES OF LAND.
Exhibit B
(LOT 2)
[]
[]
WAYNE
ALLEN
A FlEW OFFIC~E BUILDI/NG
COILI~ER OF OAK ST. 8t
DEFITOIN, ~
ARCHITECTS
INC~.m