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2014-242s:\legal\our documents\ordinances\14\sl3-d006.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, SEVER.ABILITY, 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 Speciiic 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 fa�ade 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. s:\legal\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: .� � �� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �"'°;i �� r �� BY: �� _.�� , �'�� -`��. s:\legal\our documents\ordinances\14\s 13-0006.docx . . . . � . . r , , WHEREAS John R. Porter is the awner 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 Flle Number 2012-118107 of the Real Property Records, Denton County, Texas, the subjeci 4ract being more particularly described as follows; BEGINiVING et a TXDOT right-of-way manument found in the Southeast right-of-way line of US Highway 380 East (aka University Drive), for the mast Westerly carner oF the herein descrlbed tract and the most Westerly corner of said Porter tract; THENCE North 70 degrees 13 minutes 17 seconds East with the Southeast line of sald Drive and the Northwest line of said Porter tract, a distance of 795.68 feet to a 5/e" iron rod found for an angle point in aaid line; THENCE North 7b degrees 08 minutes 50 seconds East with the Southeast line of said Drive and the Northeast line of sald Porter tract, a distance of 7.87 feet to a TXDOT right-of-way monument found for the Northeast corner thereof; THENCE 8outh 00 degrees OS minutes 41 seconds East with the East line of said Porter trac4, a distance of 264.37 feet to a capped iron rod found stamped '°KERN'° for the Southeast thereof; 7HENCE South 89 degrees 28 minutes 46 seconds West with the South line of said Porter tract, a distance of 758.98 feet to the PLACE OF BEGINNING and enclosing 2.30 acres of land more or less. s:\legal\our documents\ordinances\14\s13-0006.docx EXHIBIT B Landscape Plan � _ � M . .. � � . n �, � � . .. � �, �,., :y� � � . .. a....,. „�, _,�..... �...,. »..�. a..�M..� n,.��,« . ..' ,�"�� " ..�� —�y�{� �.--�, �,, .Y I t� . 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