The URL can be used to link to this page

Home My WebLink About2006-107SAOur Documents\Ordinances\06\ADP06-0003.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVEING AN ALTERNATIVE DEVELOPMENT PLAN FOR APPROXIMATELY 14.48 ACRES OF LAND GENERALLY LOCATED AT THE NORTHWEST CORNER OF LOOP 288 AND SPENCER ROAD, TO ALLOW A RETAIL CENTER, LEGALLY DESCRIBED AS A TRACT OF LAND SITUATED IN THE M AUSTIN SURVEY, ABSTRACT NUMBER 0004A; LOT 1, BLOCK 1 OF THE CUSHMAN ADDITION AND LOT 1, BLOCK 1 OF THE DENTON COUNTY ELECTRIC COOP ADDITION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP06-0003) WHEREAS, on January 9, 2006, O'Brien and Associates applied for an Alternative Development Plan (the "ADP") on approximately 14.48 acres of land located in a Regional Centers Commercial Downtown (RCC-N) zoning district, more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"); A copy of the requested ADP is on file in the City's Planning Department, and attached hereto and made a part hereof as Exhibit `B' ; and WHEREAS, on March 22, 2006, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested change in zoning; 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 ADP 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 the 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. That 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 Ifth day of G� 2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: EXHIBIT A PROPERTY DESCRIPTION METES AND BOUNDS DESCRIPTION 14.48 ACRES MARY L. AUSTIN SURVEY, A-4 CITY OF DENTON, DENTON COUNTY, TEXAS All that certain 14.48 acres of land, out of the 12.153 acre tract and the 8.003 acre tract described in the deed from Federal Deposit Insurance Corporation to Terry S. Stanford, recorded in Document No. 96-R0082307, in the Deed Records of Denton County, Texas, which is out of Lot 1, Block 1, Denton County Electric Cooperative Addition, an addition to the City of Denton, recorded in Cabinet D, Page 80, in the Map Records of Denton County, Texas and out of Lot 1, Block 1, Cushman Addition, an addition to the City of Denton, recorded in Cabinet D, Page 47, in the Map Records of Denton County, Texas, in the Mary L. Austin Survey, A-4, City of Denton, Denton County, Texas (all bearings shown hereon are based on the Texas State Plane Coordinate System, North Central Zone): BEGINNING at 5/8" iron rod with a cap stamped "DC&A" found for the northwest corner of Lot 2-R, Block 1, Mid States Realty Subdivision, an addition to the City of Denton, recorded in Cabinet Q, Slide 8, in the Map Records of Denton County, Texas, in the south line of the 318.937 acre tract described in the deed from Amwest Savings Association to Staff Realty, Inc. recorded in Document No. 94-R0006845 in the Deed Records of Denton County, Texas; THENCE South 01" 59' S 1 " West - 360.44' along the west line of said Lot 2-R to a 518" iron rod with a cap stamped "DC&A" found for the southwest corner of said Lot 2-R; THENCE South 88" 00' 09" East - 577.13' along the south line of said Lot 2-R to the southeast corner of said Lot 2-R, in the west right-of-way line of Loop 288 (R.O.W. Varies), from which a 1/2" iron rod (disturbed) bears North 15' 56' East - 0.41' and which is a point on a curve to the right, having a central angle of 09' 11' 53", a radius of 2789.80' and a chord bearing and distance of South 20' 45' 24" West - 447.39; THENCE along said curve to the right, along the west right-of-way line of said Loop 288, an arc distance of 447.87' to a TXDOT Monument found for the end of curve; THENCE South 23" 00' 34" West - 100.54' continuing along the west right-of-way line of said Loop 288, to a 5/8" iron rod with a cap stamped "PATE" set for a point on a curve to the right, having a central angle of 04" 42' 37", a radius of 2795.79' and a chord bearing and distance of South 29' 46' 5 1 " West - 229.78; THENCE along said curve to the right, continuing along the west right-of-way line of said Loop 288, an are distance of 229.84' to a 518" iron rod with a cap stamped "PATE" set for the end of curve, common to the north corner of the northwest right-of-way cutback at the intersection of said Loop 288 and Spencer Road (R.O.W. varies); THENCE South 75" 33' 36" West - 36.49' along the northwest right-of-way cutback to a 5/8" iron rod with a cap stamped "PATE" set for an angle corner of the herein described tract, common to the west corner of said northwest right-of-way cutback, in the north right-of-way line of said Spencer Road; THENCE North 610 18' 19" West - 20.48' along the north right-of-way line of said Spencer Road, to a 518" iron rod with a cap stamped "PATE" set for the Point of Curvature of a curve to the left, having a central angle of 27' 56' 14", a radius of 450.00' and a chord bearing and distance of North 75" 16' 26" West - 217.25' THENCE along said curve to the left, continuing along the north right-of-way line of said Spencer Road, an arc distance of 219.42' to a 5/8" iron rod with a cap stamped "PATE" set for the end of curve; THENCE North 890 14' 33" West - 291.80' to a 5/8" iron rod with a cap stamped "PATE" set for the southwest corner of the herein described tract, in the east line of the 17 acre tract described in the deed from W.G. Maddox, Jr., et al to Arthur O. McNitzky Post No. 71 American Legion, recorded in Volume 561, Page 464 in the Deed Records of Denton County, Texas; THENCE North 010 45' 42" West - 1043.02' along the west line of said 17 acre tract, to a 3/4" iron rod found for the northwest corner of the herein described tract, common to the northeast corner of said 17 acre tract, in the south line of aforesaid 318.937 acre tract; THENCE South 88' 00' 09" East - 335.22' along the south line of said 318.937 acre tract, to the POINT OF BEGINNING and containing 14.48 acres of land. Exhibit B Alternative Development Plan Section 35.13.5 (Alternative Development Plan) of the Denton Development Code provides a provision for the ability of an applicant to "...propose an Alternative Development Plan which meets or exceeds the design objectives of this Subchapter but does not meet the standards of this Subchapter. The Alternative Development Plan provides the option to address the design criteria through a flexible discretionary process." The Alternative Development Plan for Loop 288 and Spencer will deviate from the following Denton Development Code Subchapters: § 35.13.13.4.8. (Parking location requirements) states: "Parking areas shall be located behind buildings or on one or both sides...", The applicant is proposing to locate parking in front of building as shown on the site plan. § 35.13.10.B.1.d (Impervious parking spaces over required number of spaces) states: "Permeable paving is required for those parking spaces that exceed the number of parking spaces required." The applicant will provide 65 spaces over the required number of spaces. § 35.13.10.AB.l.c. (division of parking spaces for parking lots of over 100) states: "Parking lots with 100 spaces or more shall be divided into separate areas and divided by landscaped areas or walkways at least 10 feet in width, or by a building or group of buildings." The applicant has provided a 10 foot landscaped area between two parking areas, each exceeding the 100 space maximum. One area includes 126 parking spaces and the second has 130 parking spaces. The plan will require the mitigation measures as shown on the site plan and described in the following table: Deviation and Mitigation Table Required Provided Percent Landscaped Area 15% 34% Square Footage of Landscape Area 94,618 216,274 Percent Canopy Coverage 20% 29% Parking Spaces 438 503 The following table is provided to set standards for each lot as developed. These individual lot requirements are as follows and are reflected on the site plan: Lot 1 Lot 2 Lot 3 or 4 Lot 5 Lot 6* Minimum 7% 39% 33% 15% 40% 100% Landscape percentage Maximum 330 39 36 62 36 0 Parking Spaces * Lot 6 will be preserved as open space and pedestrian amenities. Less than 5% of the lot area will be impervious service and used for pedestrian pathways and picnic area. The tree canopy requirements for individual lots will be determined by the approved Landscape Plan.