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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 I ! , I l:) ! I )0' d u [,.,J j !:):1;~1'C1 ......It(J'i(i .c- Wi' ;:n.!)WCK e,w'! A~;H:!:::~ GOM'MERcr.\L 7.0,\'jsr; ~W"'H..i !tie: STQl!Y .~FlCE5Cl;~9_ f..-EL iA=rULl: ~ '31.<<'j ~ '" ;: :,.~ l.C--;2] "'_''C'// .' , r' I '1/ / .- '. >L'r"'>:, -' -""').."'{ - ./ ii, /1 ~F:I, -I ) ~.{> !: ..^~ J liSil .- !'--', / L ~ ,. -, " ;< J..:11;r. aWCK 1 {J,790 lcR!:.S t COMMERCIAl, ZO~L\;G -r--- I " --- )___ ',,-- ""''k' i I --r--- __, 1.1 -: I ~ { - ----,1' ecc,,'x'----I _=_~,,- -- ~ /___~--TJ /-- '>,/ ;:>' 1"l'.8~' -r~_ ~~) "~.; !::AST PRA!?T ST:1EE'~' o @~'ij'G (;J[t,,!iJ&1 iC'\~I!:, " . ;':;:'-0' c ~ ~:> - \1-:;'h)H(,\ SQUMi8' .I,D::m(o~: