HomeMy WebLinkAbout2014-242sAlegal\our documents\ordinances\14\s13-0006.docx
ORDINANCE NO. 2014-242
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A SPECIFIC USE
PERMIT TO ALLOW A TWENTY-SEVEN UNIT MULTI -FAMILY DEVELOPMENT ON
APPROXIMATELY 2.30 ACRES WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED
USE 12 (NRMU-12) ZONING DISTRICT; THE SUBJECT PROPERTY IS GENERALLY
LOCATED AT THE SOUTHEASTERN CORNER OF UNIVERSITY DRIVE AND NOLEN
CIRCLE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00
FOR VIOLATIONS, THEREOF, SEVERABILITY, AND AN EFFECTIVE DATE. (S 13-0006)
WHEREAS, Mr. Steven Homeyer, on behalf Mr. John Porter, has applied for a Specific
Use Permit to allow the development of twenty-seven multi -family units on a property located in
a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning and use district on approximately
2.30 acres and legally described in Exhibit ""A", attached hereto and incorporated herein by
reference (the Property); and
WHEREAS, on June 11, 2014, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommend approval of the Specific Use permit with conditions
of approval; and
WHEREAS, on August 5, 2014, the City Council concluded a public hearing as required
by law and finds that the Specific Use Permit is consistent with the Denton Plan and the
Development Code; 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 by reference and found to be true.
SECTION 2. A Specific Use Permit for the development of twenty-seven units of multi-
family on the Property is hereby approved, subject to the following conditions:
1. The property owner shall construct an eight feet high opaque fence along the eastern and
southern property boundary. Materials for construction of the fence shall be of masonry
or brick.
2. No building shall be constructed, at minimum, within 65 feet of the rear property
boundary of the site.
The number of tree plantings and species shown on Exhibit `B" shall be binding. Any
additional tree plantings shall not require an amendment to this Specific Use Permit.
4. A minimum of 100 percent of fagade wall area, excluding gable, windows, door, and
related trim, for all four sides of each building shall be of faux stones.
5. The proposed development shall not connect to Boyd Street.
sAlegal\our documents\ordinances\14\s13-0006.docx
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 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.
PASSED AND APPROVED this the day of
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:- "_ " 'I
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY:
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EXHIBIT A
,; ,;
WHEREAS John R. Porter is the owner of all of a called 2.304 acre tract of land situated
in the J.D. Lilly Survey, Abstract Number 762, in the City of Denton, Denton County,
Texas, as recorded as recorded in County Clerk's File Number 2012-118107 of the Real
Property Records, Denton County, Texas, the subject tract being more particularly
described as follows;
BEGINNING at a TXDOT right-of-way monument found in the Southeast right-of-way
line of US Highway 380 East (aka University Drive), for the most Westerly corner of the
herein described tract and the most Westerly corner of said Porter tract;
THENCE North 70 degrees 13 minutes 17 seconds East with the Southeast line of said
Drive and the Northwest line of said Porter tract, a distance of 795.68 feet to a 5/8" iron
rod found for an angle point in said line;
THENCE North 75 degrees 08 minutes 50 seconds East with the Southeast line of said
Drive and the Northeast line of said Porter tract, a distance of 7.81 feet to a TXDOT
right-of-way monument found for the Northeast corner thereof;
THENCE South 00 degrees 08 minutes 41 seconds East with the East line of said Porter
tract, a distance of 264.37 feet to a capped iron rod found stamped "KERN" for the
Southeast thereof;
THENCE South 89 degrees 28 minutes 46 seconds West with the South line of said
Porter tract, a distance of 756.98 feet to the PLACE OF BEGINNING and enclosing 2.30
acres of land more or less.
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EXHIBIT B
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