2005-027, - · S:\OurDocuments\Ordinances\04~ADP044006.dec
ORDINANCE NO. c~D~?~-- ~)~'q~ 7
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROViNG AN ALTERNATIVE
DEVELOPMENT PLAN ON APROXIMATELY 12.5 ACRES OF LAND GENERALLY
LOCATED AT THE SOUTHWEST CORNER OF HICKORY STREET AND RUDDELL
STREET, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF
APPROVIDING ALTERNATIVES TO CERTAIN SITE DESIGN STANDARDS INCLUDING
LOCATiNG STREET TREES BETWEEN THE SDEWALK AND THE BUILDINGS,
PROVIDING AN EIGHT (8) FOOT TALL FENCE WITH ENHANCED DETAILS (BRICK
COLUMNS & TRIM) BETWEEN MULTI-FAMILTY DEVELOPMENT AND THE ADJACENT
SiNGLE-FAMILY RESIDENTIAL LOTS, PROVIDING ADDITIONAL TREE CANOPY
COVERAGE WITHIN THE PARKING LOTS; PROVDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR
AN EFFECTIVE DATE. (ADP04-0006)
WHEREAS, Isbell Engineering Group, Inc., 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 12.5 acres of land
located in a Neighborhood Residential Mixed Use (NRMU) zoning district, as more particularly
described in Exhibit "B' attached hereto and made a part hereof by reference (the "Property"); and
WHEREAS, on December 15, 2004, the Planning and Zoning Commission recommended
approval of a Alternative Development Plan providing alternative site design standards, includ'mg
locating street trees between the sidewalk and the buildings, providing an eight (8) foot tall fence
with enhanced details (brick columns & trim) between the multi-family development and the
adjacent single-family residential lots, and providing additional tree canopy coverage within the
parking lots; and
WHEREAS, the City Council finds that the Alternative Development Plan is consistent with
The Denton Plan, it meets or exceeds the design objectives in Subchapter 13 of the Denton
Development Code, and is in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings 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 o f 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 bom 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/~'~'/~,day of ~-Z/7~5~/~ , 2005.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
PAGE 2
Exhibit A
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Exhibit B