Loading...
2015-153ORDINANCE NO. 2015 -153 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR MULTIFAMILY DWELLINGS IN A REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC -D) ZONING DISTRICT AND USE CLASSIFICATION. THE APPROXIMATELY 6.93 ACRE SITE IS GENERALLY LOCATED 605 FEET WEST OF SOUTH I -35E AND 540 FEET NORTH OF WIND RIVER LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (S15 -0001) WHEREAS, a request was made by Mark Martin to allow a Specific Use Permit for a Multi- Family Dwellings use on approximately 6.93 acres of land located at A0950a M.E.P. & P. R.R. Sur, Tract 12, R # 39177 in the City of Denton, Denton County, Texas and more particularly described in Exhibit "A ", attached hereto and incorporated herein by reference (the "Property "); and WHEREAS, the Property is within the Regional Center Commercial Downtown zoning classification and use designation (RCC -D); and WHEREAS, after notice published, a public hearing was held before the Planning and Zoning Commission in accordance with State law on May 6, 2015, whereby the Planning and Zoning Commission recommended approval of the requested Specific Use Permit; and WHEREAS, after notice published, a public hearing was held before the City Council in accordance with State law and the City Council hereby finds that the request is consistent with the Denton Plan and federal, state, and local law and that the Applicant has agreed to comply with all provisions of the Denton Development Code, as they exist, may be amended, or in the future arising, including but not limited to, this Ordinance, 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; 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. SUP Granted. The Specific Use Permit (SUP) to allow Multi - Family Dwellings on the Property is hereby approved, subject to the following conditions: 1. The development must substantially conform to the proposed site plan and landscape plan attached in Exhibit B. 2. The development must substantially conform to the proposed elevations attached in Exhibit C. 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 and is assignable and transferable. 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 Denton's Zoning Ordinance. SECTION 5. Effective date of SUP. The SUP shall be effective from and after the effective date of this Ordinance. Upon termination of the SUP, the Property shall cease to be used as provided herein unless another SUP or appropriate zoning has been obtained. SECTION 6. 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 Code of Ordinances and this Ordinance. 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. 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 not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 9. Effective Date of Ordinance. 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 day of 2015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY m BY: 17' "i bi Exhibit A Legal Description Being all of that lot, tract or parcel of land situated in the M.E.P. & P.R.R. Survey, Abstract Number 950 in the City of Denton, Denton County, Texas, and being the remainder of a tract of land described in a deed to ERI- Denton 38 Land L.P. as recorded in County Clerk's File Number 2008 - 10865, Real Property Records, Denton County, Texas; the subject tract being more particularly described as follows; BEGINNING at an X -cut found for the Southeast corner of the herein described tract and being in the North line of Lot 1, Block A of BJ's Brewery Addition, an addition to the City of Denton, Denton County, Texas, as recorded in Instrument Number 2014 -29 of the Plat Records, Denton County, Texas and being the Southwest corner of Lot 1, Block 1 of Denton Commons, an addition to the City of Denton, Denton County, Texas as recorded in Instrument Number 2009 -56 of the Plat Records of Denton County, Texas; Thence South 89 degrees 32 minutes 47 seconds West with the North line of said BJ's Brewery addition a distance of 808.52 feet to a' /2" iron rod found for the Southwest corner of the herein described tract and being in the North line of Lot 1, Block A of Cinemark Addition at Unicorn Lake, an addition to the City of Denton, Denton County, Texas as recorded in Instrument Number 2004 -59548 of the Plat Records, Denton County, Texas and being the Southeast corner of a tract of land described in a deed to Darush H. Heidary as recorded in Volume 2960, Page 287 of the Real Property records, Denton County, Texas; Thence North 00 degrees 07 minutes 45 seconds East with the East line thereof a distance of 457.31 feet to a' /2" iron rod found for the Northwest corner of the herein described tract; Thence North 88 degrees 43 minutes 15 seconds East a distance of 409.08 feet to a capped iron rod found for the Northeast corner of the herein described tract and the Northwest corner of said Denton Commons Addition; Thence South 50 degrees 54 minutes 42 seconds East with the Westerly line thereof a distance of 279.43 feet to a capped '' /z" iron rod stamped "KAZ" set at the beginning of a curve to the right having a radius of 536.50 feet and a chord bearing and distance of South 32 degrees 36 minutes 30 seconds East, 336.97 feet; Thence along said curve and Westerly line thereof an are distance of 342.77 feet to the PLACE OF BEGINNING and enclosing 6.93 acre of land more or less. Exhibit B Site Plan and Landscape Plan lmnmmm= F7 TT i"s JIVII Ell rr 0 L'i z (j Ir T7-3-1 k. I rr cd Ea LY IT, w I V5 3 �j MIS, f'4 (j Ir T7-3-1 k. I rr cd Ea LY )-j-1 o2vo IILqsjpN ........ . . ---------- vo I, j I El s 0 z ®R I 5r, P ®R I 5r, (al Air . _ S j U ,Iw �' r �z �� � r� � Goa � sr ; acs W crr ry "azs5�''� HN r, s• c M rt C.Y. ' ." n d wW�T W cv iR f I n P ,� W w , o N' x q "rN nry� 1/O, i 90 IS� , 9 IPlIk r ; ;� w 1'ALI "Ml z �Ci ��k p atra ro . �kll� II . , m, ,�.Iy�II��� G ,hK�.dl bi (IM!l lVYta IIl aFdr'f }� da K v fn _ a�9 ll Y4 m >A on W � d rva G � P z z Z 0 1 w � G k ~ d W N u. Z J Lm C7 z g �w N_ rb nom. ul F. 0 s ➢' �, .. w a ra '� a i G 77 Ilia o sash „ wwz a z "M, �. Z .._1 r o � � " I�IN V, s e x v rwZ) `= o ui va o,i� z n o �S ��. 0 �N�� t t„a v.J e "_ iv �< O~ RU- -�t� LU E l El El � tY� r� ED j U! yl nu ir In 4 1,, p it let PV; VAR 1kHI t "Eli Rom 5 1 WOO jj; Eli ST Ti 11 q, rn IS j U! yl nu ir In 4 1,, p it let PV; VAR 1kHI t "Eli Rom 5 1 WOO jj; Eli ST Ti 11 ol J4 a i I AN rk Ali rlWkk rp A, R, - A h, v 1®RO" Eli h I SIT 6 lip, Ink NO 17 � F 1 1 1 ju V low CI IS �W saw q OCR qw; U! a vt "Run 1 Ban � � 1 A� ��, ! JI V. I . ; N K I i 1 " 1� 411'1�1' i. 2. . P 6 1 ! MT "M ; : a y, 6 , 61 N S I l I it 311 ' 'Is 1101 nit 0 M P %QPD Nt----------------- q, ol J4 a i I AN rk Ali rlWkk rp A, R, - A h, v 1®RO" Eli h I SIT 6 lip, Ink NO 17 � F 1 1 1 ju V low CI IS �W saw q OCR qw; U! a vt "Run 1 Ban � � 1 A� ��, ! JI V. I . ; N K I i 1 " 1� 411'1�1' i. 2. . P 6 1 ! MT "M ; : a y, 6 , 61 N S I l I it 311 ' 'Is 1101 nit 0 M P %QPD Nt----------------- 11, No ol J4 a i I AN rk Ali rlWkk rp A, R, - A h, v 1®RO" Eli h I SIT 6 lip, Ink NO 17 � F 1 1 1 ju V low CI IS �W saw q OCR qw; U! a vt "Run 1 Ban � � 1 A� ��, ! JI V. I . ; N K I i 1 " 1� 411'1�1' i. 2. . P 6 1 ! MT "M ; : a y, 6 , 61 N S I l I it 311 ' 'Is 1101 nit 0 M P %QPD Nt----------------- lk III "D d rwi 1, W T11 'h" 1p fsz 1, 4 1! q E VI" I, A Exhibit C Elevations 0 T Z O 0 C --A M O Z O 0 c I 0 Z Z O (f) 0 m r- m 0 Z > z 5 MARK 11 MARTIN, ARCHIrECr DRAWINGS FOR �u7 113 A TIES MICHAEL A. BATES, ARCHITECT AHCHrrEC TS Ul �. 007 28a '10�' EL.K SPRINGS DF�7011, TEXAl ".W5 11MAIRTHN 0"" �DvrON, TEXAS � P � � � <ti , . .... ... ... -------- . . . ........... ... . .... . . . . ........... -b� 00 c 9 I 11 BATES MARK M MARTIN, ARCHITECT DRAWINGS FOR: rVCHAEL A. BATES, ARCHITrCT ARCHITECTS 521 S. LO P 20fl, MOS ELK SPRINGS DIENTOK TEXAS 16205 �910) SL5 MARTIN 171901 DENTON, TEXAS -02 910) 38 . . ........ . .....