2006-177
ORDINANCE NO. 2006-/17
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, an June 8, 2006, O'Brien and Assaciates applied far an alternative
develapment plan (the "ADP") an approximately 0.30 acres .of land, legally described as Lats 7
& 8, Black 1 .of the Wainwright's Additian, and made a part hereaf by reference (the
"Praperty"), which ADP is an file in the City's Planning Department and attached hereta and
made a part hereaf as Exhibit "A"; said Praperty being lacated in a Regianal Centers
Cammercial Dawntawn (RCC-N) zaning district: and
WHEREAS, an June 14,2006, the Planning and Zaning Cammissian cancluded a public
hearing as required by law, and recammended approval .of the requested change in zaning,
canditianed upan the additianal requirement .of nat 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 recitatians cantained in the preamble .of this .ordinance are
incarparated herein by reference.
SECTION 2. The ADP is hereby approved withaut the additianal .off-street parking
canditian recammended by the Planning and Zoning C.ommissian.
SECTION 3. If any provisian .of this 'ardinance or the applicatian thereaf ta any persan
.or circumstance is held invalid by any caurt, such invalidity shall nat affect the validity .of the
provisians .or applicatians, and ta this end the provisians .of this .ordinance are severable.
;
SECTION 4. Any persan vialating any provisian .of this .ordinance shall, upan
canvictian, be fined a sum nat exceeding $2,000.00. Each day that a provisian .of this .ordinance
is vialated shall canstitute a separate and distinct .offense.
SECTION 5. This .ordinance shall became effective faurteen (14) days from the date .of
its passage, and the City Secretary is hereby directed ta cause the captian .of this .ordinance ta be
published twice in the Dentan Recard-Chronicle, a daily newspaper published in the City .of
Dentan, Texas, within ten (10) days .of the date .of its passage.
PASSED AND APPROVED this the 2(ft!i.dayaf V tu1L
,2006.
C?~~-\tvt~~d1
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY~"\-\ 1)(; Qk
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
EXHffiIT 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:
S 35.13. 13.2.A.l.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
SITE PLAN
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