2006-202
S :\Our Documcnts\Ordinanccs\06\A DP06~0007 ,doc
ORDINANCE NO. 200h- 202
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE
DEVELOPMENT PLAN FOR APPROXIMA TEL Y 0.459 ACRES OF LAND GENERALLY
LOCATED ON THE NORTH SIDE OF COLORADO BLVD. APPROXIMATELY 1,100
FEET WEST OF MA YHILL ROAD, TO ALLOW A MEDICAL OFFICE BUILDING,
LEGALLY DESCRIBED AS LOT 6R2, BLOCK I, OF THE DENTON REGIONAL
MEDICAL CENTER ADDITION, IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; DECLARING SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE. (ADP06-0007)
WHEREAS, on March 20, 2006, Mark Martin has applied for an alternative development
plan (the "ADP") on approximately 0.459 acres of land particularly described as Lot 6R2, Block
I, of the Denton Regional Medical Center Addition (the "Property"), which ADP is on file in the
City's Planning Department, a copy being attached hereto as Exhibit "A" and incorporated
herein by reference, said Property being located in a Regional Centers Commercial
Neighborhood (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.
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. 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.
S :\Our Documcnts\Ordinances\06\ADP06-0007.doc
PASSED AND APPROVED this the /~dayof 9~
,2006.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY~+ \ Jf\~i:o~
S :\Our Documcnts\Ordinances\06\ADP06-0007.doc
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."
Deviations from Denton Development Code:
The Alternative Development Plan for the New Office Building - Medical will deviate from the
following Denton Development Code Subchapters:
S 35.13. I 3.4.8. (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.
S 35.14.4.8.5. (Parking spaces required for medical office uses) states: "one (I) space per 200
square feet of gross floor area" is required. The applicant is proposing to provide 26 parking
spaces on the subject site. The proposed 7,444 square foot building requires 38 parking spaces.
To mitigate the parking space shortage, the applicant will enter into a shared parking agreement
with the two neighboring office buildings to provide a total of 38 spaces.
Mitigation measures:
To mitigate the parking in front of the building and promote better pedestrian actIvity, the
applicant is proposing to add one tree and a seating area along the sidewalk at the front of the
development. The additional tree will provide a total of 35% tree canopy on the lot. Thirty
percent (30%) is required.
To mitigate the parking requirements, the applicant has entered into a shared parking agreement
to provide an additional 12 parking spaces offsite in addition to the 26 spaces onsite.
S :\Qur Documcnts\Ordinances\06\ADP06-0007.doc
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PLANS FOR It '[2:]
NEW OFFICE BUILDING in:
ll321 COLORJJlO BLVD. DEUTOJ.l. rEXA.8