2006-107
S:\Our Documents\Ordinances\06\ADP06-0003.doc
ORDINANCE NO. 200fr/IY7
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVEING AN
ALTERNATIVE DEVELOPMENT PLAN FOR APPROXIMA TEL Y 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 I, BLOCK I
OF THE CUSHMAN ADDITION AND LOT I, BLOCK I 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 I. 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 II/lflt day of ~
,2006.
c~ /Lvi-
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SN-Y-DER, CITY A TTO
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 I, Denton County Electric Cooperativc 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 comer 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
3 I 8.937 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 010 59' 51 " West - 360.44' along the west line of said Lot 2-R to a 5/8" iron rod
with a cap stamped "DC&A" found for the southwest comer of said Lot 2-R;
THENCE South 88000' 09" East - 577.13' along the south line of said Lot 2-R to the southeast
comer 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 15056' East - 0.41' and which is a point on a curve to the
right, having a central angle of 090 1 I' 53", a radius of2789.80' and a chord bearing and distance
of South 200 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 230 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 040 42' 37", a radius of2795.79' and a chord bearing and distance of
South 290 46' 5 I " West - 229.78';
THENCE along said curve to the right, continuing along the west right-of-way line of said Loop
288, an arc distance of229.84' to a 5/8" iron rod with a cap stamped "PATE" set for the end of
curve, common to the north comer of the northwest right-of-way cutback at the intersection of
said Loop 288 and Spencer Road (R.O.W. varies);
THENCE South 750 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 comer of the herein described tract,
common to the west comer of said northwest right-of-way cutback, in the north right-of-way line
of said Spencer Road;
THENCE North 610 18' I 9" West - 20.48' along the north right-of-way line of said Spencer
Road, to a 5/8" iron rod with a cap stamped "PATE" set for the Point of Curvature of a curve to
the left, having a central angle of270 56' 14", a radius of 450.00' and a chord bearing and
distance of North 75016' 26" West - 217.25'
THENCE along said curve to thc left, continuing along the north right-of-way line of said
Spencer Road, an arc distancc of219.42' to a 5/8" iron rod with a cap stamped "PATE" set for
the end of curve;
THENCE North 89014' 33" West - 291.80' to a 5/8" iron rod with a cap stamped "PATE" set for
the southwest comer 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 01045' 42" West - 1043.02' along the west line of said 17 acre tract, to a 3/4"
iron rod found for the northwcst comer of the herein described tract, common to the northeast
comer of said 17 acre tract, in the south line of aforesaid 3 I 8.937 acre tract;
THENCE South 880 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 ofland.
Exhibit B
Alternative Development Plan
Section 35.13.5 (Alternative Developmcnt 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:
9 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.
9 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.
9 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:
DevIalton and MlltIJatlOn Ta e
Rea uired Provided
Percent Landscaped Area 15% 34%
Square Footage of 94,618 216,274
Landscape Area
Percent Canopy Coverage 20% 29%
Parking Spaces 438 503
bl
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 Lot4 LotS Lot 6*
Minimum 7% 39% 33% 1S% 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.
."
~:I~J
I
'71
I
/ (
/
\ !
I
ill!
';.
;ii _
~
01 SITE PLA
.RO-4D
r. !A:l4J'
~lA.n ... .