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Home My WebLink About2006-159SAOur Documents\Ordinances\06\ADP06-0008.doc ORDINANCE NO. 49 JAG% AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN FOR APPROXIMATELY 2.85 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF VINTAGE BOULEVARD 1,700 FEET WEST OF BONNIE BRAE ROAD, TO ALLOW A FIRE STATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP06-0008) WHEREAS, on April 24, 2006, Bruce Henington, on behalf of the City of Denton as its duly appointed designee, applied for an alternative development plan (the "ADP") on approximately 2.85 acres of land, particularly described in Exhibit "A", attached hereto and made a part hereof by reference (the "Property"), which ADP is on file in the City's Planning Department, a copy of which is attached hereto and made a part hereof as Exhibit `B", which Property is located in a Neighborhood Residential Mixed Use (NRMU) zoning district; and WHEREAS, on May 24, 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 and found to be true. SECTION 2. The ADP is hereby approved and is hereby found to satisfy all requirements for approval, as set forth in the Denton Development Code. 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 � �l day of��%66 2006. aLAI 2v�� PERRY . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: e �N APPROVED AS TO LEGAL FORM: EXHIBIT "A" FIELD NOTES OEM 'A 2.845.ACRE TRACT OF LAND SITUATED IN THE JAMES HARRIS SLWE1f, A8SWa NUMBER 553 MO BEING A PORTION OF THAT CALLED 397-243/1000 ACRE TRACT KNOWN AS PARCEL NO. 1 AS OFSMUM IN DEED TO OENTON—C1W PARTNERS. LTD RECORDED IN DOCUMENT NO. 9l—R003001 OF THE OFFICIAL PUSUC RECORDS OF DENTON COUNTY, TEYASI CAMMENci10 at a Ye Inch Tan and found In the cost Me W Said Panel NoA. the south right of way Ens of Vintage Bouievard (120 foot R.O.W.) of da.eribed to dead to the dly of 0.nean ono rsordad In Volume 477574. Page 01718 'ol_edd'Official Public Records: THENCE N or 57 DO' W (Bash of Bearing) along thr moth line of said Vintage Bodnard a distance of 1689.91 feet, to a H sapped ken rod let Stamped "all Engr. for the POINT OF BEGOsdNG4 THENCE ace and across fold Pared No. I he fodwing assent muress and dhturca: S OP OB' 00' W, leaving add south Me of VIM094 BOdaverd a distance of 56So fwL to o A Inch capped imn.md sot stamped IaaO Frtgr.: S' aw 52' 00' E. a distance of 115.00 feet. to a At inch tapped Iran. rod fat stamped label Engr., for the malt eadedy norheaet comer hereof; S Oor Oa' 00' W, a distance 331.00 test, to a Tt inch capped iron rod act atamped libel Eigr., forthemtrumat corner bereah, N R9' fiX 00' W. a distance of 358.00 feet, to a % inch capped Iran red net stomped lead Fngr., far he southwest. coiner hereof: N GW OW 00, * E a distance of 331.90 fast ' - to a N inch eappad boa rod vet stamped laball Engn. far the moat West" noMwad coma heneh - S OW 5T OD' E. a distance of 131.00 fast, to a 9 inch capped Iron rod let damped Mab F�tgr., for an interior comer hareaf; N 00' 06' 00' W. a diaWdce at 55.50 feet to a I inch capped iron rod letstampedIsbd Engr., for the most northerly northwest eernv hereof, also, lying In the aauth One of add Vintage Boulevard, tram. which a A Inch [MR red found airs N 89.52'OO' W a distance of 803.16 fast; THENCE 5 89' 52' 00' E. oftng the .edh Taw -of add Vintage Baulavoro e didasce of 110.00 feet to the POW Of SEGINNOM and containing 2.845 ace of land man or Mao PAGE 3 EXHIBIT B ALTERNATIVE DEVELOPMENT PLAN Section 35.13.5 (Alternative Development Plan) of the Denton Development Code provides 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." The Alternative Development Plan for Fire Station #7 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. The plan will require the mitigation measures as shown on the site plan and described in the following table: Mitigation Table Required Provided Percent Landscaped Area 20% 54% Percent Parking Lot Landscape Area 7% 16.9% Percent Parking Lot Tree Canopy 15% 18.5% Site Plan mn uDm =ti2'mll so OS.N�a Jo d..LIo s 4 'OX LIOLLVJ e i I� (ii Id li �i S IMNIMI Ii ��li 0 t� i armumm InS■■