HomeMy WebLinkAbout2006-177ORDINANCE NO. Z Q "1 7
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE
DEVELOPMENT PLAN FOR APPROXIMATELY 0.30 ACRES OF LAND GENERALLY
LOCATED AT THE NORTHWEST CORNER OF WAINWRIGHT STREET AND PRAIRIE
STREET, TO ALLOW A MULTI -FAMILY DEVELOPMENT, LEGALLY DESCRIBED AS
LOTS 7 & 8, BLOCK 1 OF WAINWRIGHT'S 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 FOR
SEVERABILITY AND AN EFFECTIVE DATE. (ADP06-0010)
WHEREAS, on June 8, 2006, O'Brien and Associates applied for an alternative
development plan (the "ADP") on approximately 0.30 acres of land, legally described as Lots 7
& 8, Block 1 of the Wainwright's Addition, and made a part hereof by reference (the
"Property"), which ADP is on file in the City's Planning Department and attached hereto and
made a part hereof as Exhibit "A"; said Property being located in a Regional Centers
Commercial Downtown (RCC-N) zoning district: and
WHEREAS, on June 14, 2006, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommended approval of the requested change in zoning,
conditioned upon the additional requirement of not less than one off-street parking space per
rental unit. 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 without the additional off-street parking
condition recommended by the Planning and Zoning Commission.
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. This ordinance shall bedome 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 z9aday of L � 2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
EXHIBIT A
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 process."
The Alternative Development Plan for the Victoria Square Apartments will deviate from the
following Denton Development Code Subchapter:
§ 35.13.13.2.A.1.d. (restriction of multi -family development to one story when constructed
within 100 feet of a single family use or district) states: "Buildings constructed within 100 feet of
existing single-family use or zoning district, shall be limited to a single story with a pitched
roof." The applicant will build a three story multi -family building within 100 feet of a single
family residential use.
To mitigate the deviation from the Denton Development Code, the applicant is providing 35%
landscaping on the two lots as mitigation for the deviation as shown on the site plan. Fifteen
percent (15%) landscaping is required in the DC-G zoning district.
EXHIBIT B
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SITE PLAN
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