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2005-080S:\Our Dc~uments\Ordinances\05~ADP04-0008 Ordinance.d~c ORDINANCE NO. d ~---/¢ ~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN ON APROXIMATELY 43.77 ACRES OF LAND GENERALLY LOCATED SOUTH OF LOOP 288 AND EAST OF BRINKER ROAD, COMMONLY KNOWN AS DENTON TOWNE CROSSING, WITHIN A REGIONAL CENTER COMMERCIAL NEIGHBORHOOD (RCC-N) AND A REGIONAL CENTER COIvlIvIERCIAL DOWNTOWN (RCC-D) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF AMENDING SITE DESIGN REQUIREMENTS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (ADP04~0008) WHEREAS, Gerald Luecke (Hodges & Associates) as agent for Denton Towne Crossing L.P. has applied for an alternative development plan which is on file in the City's Planning Department, a copy of which is attached hereto and made a part hereof as Exhibit "A" (the Alternative Development Plan), on approximately 43.77 acres of land located in a Regional Center Commercial Neighborhood (RCC-N) and a Regional Center Commercial Downtown (RCC-D) zoning districts; and WHEREAS, on February 9, 2005, the Planning and Zoning Commission recommended approval of a Alternative Development Plan; and WHEREAS, the City Council finds that the Alternative Development Plan is consistent with The Denton Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The £mdings and recitations contained in the preamble of this ordinance are incorporated herein. SECTION 2. The Alternative Development Plan 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 other provisions or applications, and to this end the provisions of this ordinance are servable. .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. EULINE BROCK, MAYOR ,2005. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGA/L FORM: HERBERT L. PROUTY,J~ITY ATTORNEY BY: '~ ? PAGE 2 See following pages for an enlargement of notes and table. EXHIBIT A Bloke Road II Denton Towne Crossing Aitemate Compliance Items Section 12 Large Scale Development A., 2. Sidewalk Display and Cart Storage Sidewalk display will be provided in the sidewalk adjacent to the building. Cart storage will be provided in the sidewalk adjacent to the building but will be screened with landscaping or Iow walls. A minimum of 5' wide will be reserved for pedestrian cimulation. A., 3, a., & c. Permanent Outdoor Display, Sales, and Storage Outdoor display, sales, and storage area in the garden center will be as shown on the site plan, approximately 34,650 sq. ft. Outdoor display garden center will be screened with a fence (vinyl covered chain link) and also screened by the grade difference of up to 30' tell wall and existing lmas left in place. Other outdoor display will be provided in the parking lot. (See A., 4. below) A., 4. Seasonal Outdoor Display and Sales Seasonal outdoor display will be provided. Size would be limited to 11,000 sq. ft. maximum, located within the areas shown on the site plan. Dates for outdoor display would be year round. The seasonal outdoor display in the perking ama will be screened by the large retaining wall and grove of existing trees on the east side of the site. Products on display near the building would include grills, pavers, landscaping materials, etc. Products on display in the parking area will be landscape materials, storage buildings, pavem, etc. Fertilizer and chemicals will not be displayed in parking lot or next to the building. A., 5. Rear Storage Rear storage will be screened with a wood privacy fence or a retaining wall, plus the wide landscape area along the rails. Public open space or plaza is provided as shown on the landscape plans, and exceeds the required amount. Subchaptar 14, F. Additional parking above City code is provided due to the requirements of the Anchor store tenants. General Comments: Landscaping has been provided on site which exceeds the basic requirements from the City. Approximately 20,000 sq. ft. of additional landscaping is provided. Nso, the Exisling Troe Ordinance has been met with almost no mitigation. Refer to landscape calculations. All standards and requirements of the Development Code will be adhered to other than the altemate compliance items listed above. PAGE 4 SITE TABULATIONS EST. BUILDING LOT PARKING PARKING LAND AREA COVERAGE REQUIRED PROVIDED AREA ( SF ) ( Z ) ( ACRES ) M,MOR ANCHOr{ 1 14.61 173,800 27% ¢:30O sf) 580 769 MAJOR ANCHOR 2 14.07 149,348 24% (I:3OOSO 498595 RETNL TRACT A 2.56 19,600 18% (1:3OO SO 66103 PAD SITE 1 0.93 2,960 7.3% (l:100st) 3040 PAD SITE 2 1.02 4,000 9.0% (l:100sf) 4052 PAD SITE3 1.01 3,800 8.6% (1:100SO 38 47 Detention Area 0.75 R.O.W. Ded. 0.08 PAD SITE 5 1.15 4,700 9.4% (t:3oosf) 1632 PAD SITE 6 0.70 4,200 14% (l:300sf) 1439 PAD SITE 7 1.07 3,585 7.7% (1:1oo sO 3642 PAD SITE 8 1.90 6,999 8.5% (l:loosO 70 135 PAD SITE 9 1.10 8,288 17% (1;3OOsO 28 37 (NEt) TOTALS 40.95 381,280 21.4% 1416 1891 FUTURE DEVELOPMENT 2.82 TOTAL 43.77 PAGE 5 See following page for [ enlargement of Landscape Tabulations. PAGE 6 LANDSCAPE TABULATIONS ~ LAND~CAPE AND TREE r_,ANOP¥ REQUIREMENTS ~CC-D) ~. Total Sl~: 43,77 a~-es [1,206,e21.2 ~f.) Requirements: t0 % of ~tal lot area b be landau-ape wll~ 20 % of required landr~ape to be ~ree canopy' Requlnad Provided tg0,SB2.12a.f. [10 %) Landr~-~pe Ama 384,65~ a.f. (t9.1%) 381,$!4.2 a.f. (20 %)Tree Canopy Ama 6tS,b",r7 ;.f. (27'%) STREET TREES Requirements: (1) One flea pe~' every 30 I.f. of street fmnlage Road (0S0 l.f.) Req~md Pmvlcled (32) 3" caliper Trees; exlsl~ng fleas US 288 Pmvlded N/A N/A R.O.W. SCREENING Provided Shrub Hedge 5 gallon, 20" hL, 24" o.c. at Instailatlon PARKING LOT LANDSCAPING (Eli,714 a.[) Requirements: 7 % of ~lal panklag 1~ be landscape wllfl 15 % of required parking to be covered by line canopy Rsquln~l 49,609.1~ a.f. (7 %) t06,307 e.f. (15 %) Prodded 270,040 s.f, (38 %) LARGE RETAIL PUBUC SPACES (288,440 a,f.; Includes Target Ex, anion and Kl.C. C,a~an Requirements: one square foot public apace or plaza mqulmd every 10 d. of gross ground fl~or. Publlo apace or Plaza shall have 3 of 5 element.. tiffing are~a, shaded area, ~ ~ (1) per 800 s.£, water feature or public ad, eu~o~r eal~g ama Required Provided 38,844 d. 3t,000 ALL STANDARDS OF THE DENTON DEVELOPMENTCODE WILL BEADHERED TO (OTHER THAN THOSE LISTED ON THE EXHIBIT FOR WHICH THE ADP IS SOUGHT) PAGE 7