HomeMy WebLinkAboutS23-0001aORDINANCENO. S23-OOOla
AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARD[NG A REQUEST FOR A
SPECIFIC USE PERMIT (SUP) TO ALLOW FOR A MULTI-FAMILY RESIDENTIAL USE
ON APPROXIMTELY 2.4 ACRES OF LAND, GENERALLY LOCATED ON THE SOUTH
SIDE OF NORTH ELM STREET, APPROXIMATELY 560 FEET EAST OF RINEY ROAD, IN
THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO
THE CITY’S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE. (S23-0001 a)
WHEREAS, Travis Pruett with Jacob and Hefner, LLC, representing the property owner
SY3M, LLC has applied for a new Specific Use Permit (“SUP”) to allow for a Multifamily
Residential use on an approximately 2.4-acre site, within the Residential 7 (R7) zoning district and
use classification, as described in Exhibit “A” (hereinafter, “the Property”); and
WHEREAS, on July 24, 2024, the Planning and Zoning Commission, in compliance with
the laws of the State of Texas, having given the requisite notices by publication and otherwise, and
having afforded full and fair hearings and to all property owners interested in this regard, has
recommended approval [4- 1] of the requested SUP, subject to conditions; and
WHEREAS, on September 17, 2024, the City Council likewise conducted a public hearing
as required by law to consider the SUP request. Upon consideration, the City Council hereby finds
that the request is consistent with the Denton 2040 Comprehensive Plan and federal, state, and
local law, and that the Applicant has agreed to comply with all provisions of the Denton
Development Code (“DDC”), and has further agreed to comply with the additional restrictions and
conditions set forth herein; and
WHEREAS, the City Council has determined that it will be beneficial to Denton and its
citizens to grant the SUP; that such grant will not be detrimental to the public welfare, safety, or
health; that proposed permit, as conditioned below, satisfies criteria set forth in Sections 2.4.5E
and 2.5.2D of the Denton Development Code; and that the SUP should be granted; 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. The SUP to allow the Multifamily Residential Use on the Property as shown
on the site plan attached and incorporated herein as Exhibit “B”, the landscape plan attached and
incorporated herein as Exhibit “C,” and the building elevations attached and incorporated herein
as Exhibit “D”, is hereby approved, subject to the use-specific standards of the DDC, as amended,
and with the following conditions:
I
1.The attached Site Plan and Landscape Plan reflect an intent to comply with the 2019 Denton
Development Code (DDC), as amended.
2.The attached Site Plan and Landscape Plan are incorporated as requirements of the SUP.
Staff shall have the ability to approve a reduction in the building footprint, an increase in the
landscape area, and a decrease in the number of dwelling units with associated parking of up
to 5% of any of the amounts specified in requirements “a” through “c” below, provided all
applicable requirements of the DDC are met:
a.
b.
C.
d.
No more than 67 one- and two-bedroom units with a total building footprint not to
exceed 23,540 square feet.
A minimum total landscape area of 31,378 square feet. At minimum, on-site
amenities shall include a trail throughout the open space and a fire pit.
One hundred and eight (108) parking spaces and eighteen (18) bicycle parking spaces
are proposed for the multi-family development indicated on the site plan.
One full point of access, and one emergency only point of access, to North Elm Street
shall be provided.
3. Minor alterations to the depicted locations of buildings, pedestrian pathways, and parking
may be approved by City Staff, provided that the final plan complies with the attached site
plan in terms of access and internal pedestrian connectivity.
4. Minor alterations to the depicted locations of individual plantings may be approved by City
staff, provided that the final landscaping, as planted, complies with the attached landscape
plan in terms of required landscape elements, open space, overall tree canopy, as well as all
elements of the DDC.
5. Building architecture shall be consistent in style and detailing to the attached conceptual
elevations. Minor alterations to the building elevations may be approved by City Staff,
provided that the final project complies with DDC Section 7.10.
6.Improvements within the Texas Department of Transportation (TxDOT) roadway require
approval by TxDOT. If TxDOT requires minor alterations to relocate the proposed drive
approaches off of North Elm Street, adjust building location and relocate parking spaces
impacted by the relocation of a drive approach, add a turn lane, or any other minor changes
required by TxDOT, these changes may be approved by City staff, provided that the final
configuration of the drive approaches complies with the TxDOT requirements as well as all
elements of the DDC. All other changes to site access shall require a Specific Use Permit
amendment in accordance with the Denton Development Code.
7. Notwithstanding the limited administrative approvals authorized in conditions 2, 3, 4, 5, and
6, the City reserves the right to require approval by ordinance of any amendments or
alterations to the SUP, the attached site plan, and the attached landscape plan.
2
8. The zoning map shall reflect the Specific Use Permit on the property consistent with the
DDC
SECTION 3. Failure to Comply. Except as otherwise stated above, all terms of the SUP
shall be complied with prior to issuance of a Certificate of Occupancy. Failure to comply with any
term or condition of the Ordinance will result in the SUP being declared null and void, and of no
force and effect. The SUP is issued to the entity named above runs with the land and is assignable
and transferable to subsequent owners of the Property.
SECTION 4. SUP Regulations. Upon notice to the property owner and a hearing before
the City Council, a SUP may be revoked or modified if: 1. There is one or more of the conditions
imposed by this Ordinance that has not been met or has been violated on the Property; or 2. The
SUP was obtained or extended by fraud or deception; or 3. As otherwise permitted by law and/or
permitted by the Denton Development Code.
SECTION 5. Unlawful use. It shall be unlawful for any person, firm, entity, or corporation
to make use of the above-referenced Property in some manner other than as authorized by the
Denton’s Codes of Ordinances and this Ordinance.
SECTION 6. Severability. If any provision of this ordinance or the application thereof to
any person or circumstance is held invalid by any court, such invalidity shall affect the validity of
the provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 7. Penalty. Any person, firm, entity or corporation violating any provision of
this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00 for each violation.
Each day that a provision of this ordinance is violated shall constitute a separate and distinct
offense. The penal provisions imposed under this Ordinance shall not preclude Denton from filing
suit to enjoin the violation and it retains all legal rights and remedies available to it under local,
state and federal law.
SECTION 8. In compliance with Section 2.09(c) of the Denton Charter, 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.
The motion to approve thi
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Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer. District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
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PASSED AND APPROVED thi, th, ll t\ day ,f See Ftp.b,/. 2024.
a MAYORbSB
ATTEST:
LAUREN THODEN, CITY SECRETARY
.*:
APPROVED AS TO LEGAL FORM:
MACK REINWAND. CITY ATTORNEY
EXHIBIT A
Legal Description
BEING a 104,543 square foot (2.400 acre) tract of land situated in the THOMAS TOBY
SURVEY, ABSTRACT NO. 1288 and the B.B.B. & C.R.R. CO. SURVEY, ABSTRACT NO.
186, City of Denton, Denton County, Texas, same being all of Lot 1, Block 1, of DENTON
LIVING ADDITION, an Addition to the City of Denton, Denton County, Texas, by Conveyance
Plat recorded in Instrument Number 2019-3 18, Official Public Records, Denton County, Texas,
further being all of that certain tract of land conveyed to SY3M, LLC, by General Warranty
Deed recorded in Instrument Number 202 100135224, Official Public Records, Denton County,
Texas, and being more particularly described by metes and bounds as follows:
BEGINNING at a TxDOT Brass Monument found for the northwest corner of said Lot 1, same
being on the southwest right-of-way line of US-77 (North Elm Street), (Variable Width R.O. W.),
same being the northeast corner of that certain tract of land conveyed to Herbert Thomas Nelson,
Jr. & Teresa Nelson, by General Warranty Deed recorded in Instrument Number 200900012057,
Official Public Records, Denton County, Texas;
THENCE South 58 degrees 12 minutes 05 seconds East, along said southwest right-of-way line
with the northeast line of said Lot 1, for a distance of 216.07 feet, to a capped iron rod with
Yellow plastic cap stamped, "PLS INC" found;
THENCE South 59 degrees 08 minutes 47 seconds East, continuing along said southwest right-
of-way line with the northeast line of said Lot 1, for a distance of 363.50 feet, to a 1/2" iron rod
found for the northeast corner of said Lot 1, same being the northwest corner of that certain tract
of land conveyed to CITY OF DENTON, TEXAS, by Special Warranty Deed recorded in
Instrument Number 201000083899, Official Public Records, Denton County, Texas;
THENCE South 00 degrees 20 minutes 25 seconds West, departing said southwest right-of-way
line, along the east line of said Lot 1 and along the west line of said CITY OF DENTON,
TEXAS tract, for a distance of 62.58 feet, to a 1/2" iron rod found for the southeast corner of
said Lot 1, same being the southwest corner of said CITY OF DENTON, TEXAS tract, further
being on the north line of Lot 2, Block 1, of Lot IR and Lot 2, Block 1, Lake Cities Addition, an
Addition to the City of Denton, Denton County, Texas, by Plat recorded in Instrument Number
2010- 145, Official Public Records, Denton County, Texas;
THENCE North 89 degrees 38 minutes 33 seconds West, along the south line of said Lot 1 and
along the north line of said Lot 2, for a distance of 498.64 feet, to a capped iron rod with Yellow
plastic cap found for the southwest corner of said Lot 1, same being the northwest corner of said
Lot 2, further being on the east line of that certain tract of land conveyed to HERBERT
THOMAS NELSON, JR. & TERESA JO NELSON, by Warranty Deed with Vendor’s Lien
recorded in Instrument Number 99-47871, Deed Records, Denton County, Texas;
THENCE North 00 degrees 57 minutes 14 seconds East, along the west line of said Lot 1 and
along the east line of said HERBERT THOMAS NELSON, JR. & TERESA JO NELSON tract,
5
for a distance of 51.76 feet, to a 5/8" iron rod with Purple plastic cap stamped, ’'RPLS 6451 " set
for a westerly corner of said Lot 1, same being the northeast corner of said HERBERT
THOMAS NELSON, JR. & TERESA JO NELSON tract, further being the southeast corner of
the aforementioned Herbert Thomas Nelson, Jr. & Teresa Nelson tract, recorded in Instrument
Number 200900012057, Official Public Records, Denton County, Texas;
THENCE North 00 degrees 27 minutes 18 seconds East, continuing along the west line of said
Lot 1 and along the east line of said Herbert Thomas Nelson, Jr. & Teresa Nelson tract, for a
distance of 308.00 feet to the POINT OF BEGINNING and containing 104,543 square feet or
2.400 acres of land, more or less.
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