The URL can be used to link to this page

2013-047s:llegallour documents\ordinances113\s12-0004 draftordinance 2 5 13.doc ORDINANCE NO. 2013-�47 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO ALLOW A MULTI-FAMILY DEVELOPMENT ON APPROXIMATELY 19.87 ACRES OF LAND WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, LOCATED AT THE SOUTHWEST CORNER OF M1NG0 ROAD AND NOTTINGHAM DRIVE WITHIN THE J. LILLY SURVEY, WITHIN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (512-0004) WHEREAS, Allison Engineering Group has applied for a Specific Use Permit to allow a multi-family development on approximately 19.87 acres of land within a Neighborhood Residential Mixed Use (NRMU) zoning classification and use designation, to be developed in two (2) phases legally described in Exhibit "A," attached hereto and incorporated herein by reference (hereinafter, the "Property"); and WHEREAS, on January 9, 2013, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested Specific Use Permit, subject to conditions; and WHEREAS, the City Council finds that the change, subject to conditions, 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. The Specific Use Permit (SUP) to allow a multi-family development on the Property is hereby approved, subject to the following conditions associated with the SUP, Alternative Tree Plan (ATP12-0001) and ESA Alternative Plan (ESA12-0009): SUP (S 12-0004) Conditions: 1. The Denton Development Code requires that a Specific Use Permit shall expire within twenty-four (24) months from the date of approval if all required City permits for development are not obtained and construction, if applicable, has not commenced. Construction for Phase II shall begin within 24 months from the date of when the first Certificate of Occupancy is issued for Phase I. If construction has not commenced on Phase II in accordance with the DDC, then the SUP for Phase II will expire accordingly; s:llegallour documentslordinances1131s12-0004 draftordinance 2 5 13.doc 2. The access point located on the west side of the property, adjacent to Mozingo Subdivision, if required by the City Fire Marshall, shall be used for emergency access only and shall be gated; and shall be constructed with landscape pavers, subject to approval by the Fire Department; 3. Any part of any building within one-hundred (100) feet of the north property line shall be designed with reasonable sound attenuation construction methods within the building to address the noise from the railroad (e.g. thicker walls and insulation, sound resistant windows, etc.); 4. The multi-family development is limited to two-hundred ninety four (294) units; 5. Thirty-five percent (35%) of the required parking shall be covered with carports; 6. A minimum tree preservation of thirty percent (30%) shall be provided. Preserved trees within the Alternative ESA Plan (ESA12-0009) and the western tree buffer may be counted toward the preservation requirement; 7. A minimum tree preservation area of 2.75 acres, inclusive of the Alternative ESA Plan (ESA12-0009) and the western buffer is required; 8. Tree preservation and mitigation (222 inches) will be calculated and designed with the landscape plans for Phase II; and 9. Buildings and paxking spaces in Phase I may be reasonably adjusted subject to the approval of the Director of Planning and Development or their designee during the construction of Phase I in an effort to save any notable trees identified in the immediate area of the feature to be adjusted. Any trees 6 inches and above properly identified, protected and saved in Phase I will count toward the total tree preservation requirement. Alternative Tree Plan (ATP12-0001) Conditions: 10. A total of 222 inches of additional trees shall be preserved beyond the minimum requirement. If Phase II construction has not commended within 24 months of the issuance of a Certificates of Occupancy (CO's) for Phase 1, then either the mitigating trees (222 inches) will be identified in the field and protected in accordance with the DDC or the mitigating fee of $18,500 for 148 inches shall be paid into the tree fund; 11. Trees within the Alternate ESA area (ESA12-009) shall not be used towards the tree mitigation (222 inches) called for in the ATP; 12. Trees may not be removed from areas A, B or I, as indicated on Exhibit B, until either a site plan has been approved by the Planning Department for Phase II or a s:llegallour documentslordinances113\s12-0004 draftordinance 2 5 13.doc tree removal/clearing and grading permit has been approved. Also, the mitigation trees (222 inches) must be identified in the field and protected in accordance with the DDC; and 13. The trees identified for mitigation (222 inches) shall be protected with orange fencing throughout the construction process of Phase II; construction may not enter the Critical Root Zone, as described in Site Criteria Manual. Alternative ESA Plan (ESA12-0009) Conditions: 14. The applicant shall preserve 1,535 tree inches along the western property boundary. The aforementioned preservation includes mitigation for the 570 inches proposed to be removed from the ESA riparian buffer and a ten (10)-foot Type B buffer; and 15. Preserved trees within the Alternative ESA Plan located on the western property line shall not be used toward the tree mitigation requirement (222 inches) for the ATP. 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 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. PASSED AND APPROVED this the J�7'!� day of��%.� 2013. A�TR�ZOUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: � s:llegallour documentslordinances1131s12-0004 draftordinance 2 S 13.doc APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: �`�-'� -� s:\legal\our documentslordinances1131s12-0004 draftordinance 2 S 13.doc �0��1��#�I�i� � �� s �ter�� t f� ■■ i�11LtYf f Iz�ll�l�lf�r� i wr.��.�r a. ��N!l��l� �# � ��o�r�o�� iA��A�a�e �� i i�l �I�A�#�t �� r a�i��s� t� � �A� ��3�aAai �a 1� � � � � � ]� � � *� � � �� i � ; ¢ A g ' i Exhibit A Le�al Description, Phase 1 and Phase 2 � ��il�ai�d��ii� �� l�1��#i��!!� ��1� �gi�l,tl�ll�ll�� :s 1��1��!l�� ! �l��IlII�llt � �I' � ��a��;��o�A1 � �� '� 1�A IA�{�� a ��'i . .,, �,.,,.,,. � t�� adl��6l�, y �� : ��d R�a��a�� . a� �� 4�� , �' � *�� t �'r �i q �itfis � � � � � ; � �i� � � } !�z [ ' * � : � i: i! � �*��k � 6 � � � i�� a 1 ! � � � - - . . :� -Ja' 1 — I ---• ;-----------+il�r,�- .,,, i • � � :�,^ � � ,. � :� �:•' ,� � � i � � .� k .� i .� ,. , � 4 \ t . ` �,, , �� t �� -� �, y�, , .� �` ...,� x�� , �� . � '•.ti ..•`.. �� f �` � �'�., � � � f � �. .-'' _ -� �� t� ` � r �' � `� f � ,��'' � � ��'�` �` a� � �;�� • ; �� I � � ,� e .;� . -. ,,e� ' � r� � � �' '~ �'`':�.�` � ,-_.. — _ �— I� �!.`'�,.: `'"'1.�' I s:llegallour documentslordinances1131s12-0004 draftordinance 2 5 13.doc Exhibit B i A- � .� � � �j ^ 1^2 t ; � �„_ 'l � ..,^" , : �, ' �� M.. -:�'.�.,.�^;^- , --- ' — '� 0 0 0 I I i � I m � � E� Z �� ]¢Y ; , 'mY . q�L��S � T � � � ; O � �0 »p . � �,. r. z � 5 �': $ $ � � � � $ ��s � � � � l � � � ��'�I ��°a� �� , �� _ , '' , � � � e 9 � ' -�� ..�' aa� ¢� ��,. .. ...-- �' �' � �.,�yo ° � m -- -- - -- - -= � m �� AR�A ^J - ' � �' �i� � _ - • p � �, `� ' �4 � ,, t I �;• ' � '��r} r ~� ` . i9 � i i� �:V ,r � � � ,F f �± � � f� � , � � � , � � ,. � �', o - - �4 � �� A �';a i � � .q�''�•4 ., . m �'�� ii +� ti p: . � � � Q ''� � � S r' � �� $! '� �t .�1,� }`�, g � _ - - i . �i'�,�� - � ', ( - � � . ss� -" � _ `�i ' t � � _ � ��—��e 5. �� _ ... . 1 � � •..' ` '. . •'� �� . .x t � =- ' „ - .J , � �° - J � .� _ _ __:.. A ��. � , � � '�- "�!� �� +j', i ly,� ,� j E, � r�a�' � ( .� IF6��t � . f �' , �.. - .. . .—� :� � 1 ��'Wr -__ __ ___-- _. - ' f� �� ? �E� ��di�i`�f�S� �� id�Pi��d§ E � � d I �r� E -- Yt a-� > >� � e �- x ��° � --- -- � � � ��{ � �� a � �� _r �,��t -. ,�— ---. a �«� �� f - �z � � � ��i �a,�i'�r i..�a� i �.Yri.-6�t.�.y� � � k� �rl. � � M� � � . �f � � '' ��,� �� e. � � � 4r� 4 � S6 � � ��? }I i � �:t i - � � ! ° . { �il{ � , � � 1 � P�! ` � .� ��a � � a � ,� � r fi��t�� s � � �� -`k`) F�4 k�! � � � � �� t z a �'�� j `_! ��t� _ �y,, � _ as�• _ -•€i �t-'I'i�� .,�F� �