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
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BY:
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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
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MARK 11 MARTIN, ARCHIrECr DRAWINGS FOR
�u7 113 A TIES MICHAEL A. BATES, ARCHITECT
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DF�7011, TEXAl ".W5
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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
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