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2015-216ORDINANCE NO. 2015 -216 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR MULTIFAMILY DWELLINGS IN THE NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) AND NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU -12) ZONING DISTRICTS AND USE CLASSIFICATIONS. THE APPROXIMATELY 11.4 ACRE SITE IS GENERALLY LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET (FM 426), APPROXIMATELY 1,000 FEET WEST OF MOCKINGBIRD LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (S15-0002) WHEREAS, a request was made by Joshua Jezek, (owner's engineer of record) to allow a Specific Use Permit for a Multi- Family Dwellings use on approximately 11.4 acres of land located at M. Yoachum Survey, Abstract No. 1442 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 Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU -12) zoning districts use classifications; and WHEREAS, after notice published, a public hearing was held before the Planning and Zoning Commission in accordance with State law on June 17, 2015, whereby the Planning and Zoning Commission recommended (7 -0) 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 passa......_�. ge, 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 o2( ATTEST: JENNIFER WALTERS, CITY SECRETARY day of , 2015. CHRIS WATT S, 9lAYOR Exhibit A Legal Description DESCRIPTION, of an 11.422 acre tract of land situated in the M. Yoachum Survey, Abstract No. 1442, Denton County, Texas; said tract being all of a tract of land described in Warranty Deed to BL Denton Land 1 LLC recorded in Document No. 201326267 of the Official Public Records of Denton County, Texas, said 11.422 acre tract being more particularly described as follows: BEGINNING, at a point for corner in the centerline of McKinney Street (a variable width right - of -way); THENCE, South 72 degrees, 40 minutes, 41 seconds East, along the said centerline of McKinney Street, a distance of 758.53 feet to a point for corner; THENCE, South 02 degrees, 04 minutes, 49 seconds West, departing the said centerline of McKinney Street, at a distance of 51.29 feet passing a 1/2 -inch iron rod with "METROPLEX 1849" cap found at the northwest corner of Lot 1, Block 1, McKinney St. Baptist Church Addition, an addition to the City of Denton, Texas according to the plat recorded in Cabinet F, Page 208 of the Map Records of Denton County, Texas then continuing along the west line of said Lot 1 in all a total distance of 583.97 feet to a 1 -inch iron pipe found for corner; said point being the southwest corner of said Lot 1 and the northwest corner of a tract of land described in Warranty Deed to Linken Real Estate, LP. recorded in Document No. 2012133042 of said Official Public Records, and the northeast corner of a tract of land described in Warranty Deed to Linken Real Estate, LP. recorded in Document No. 201016100 of said Official Public Records; THENCE, North 88 degrees, 16 minutes, 31 seconds West, along the north line of said second referenced Linken Real Estate tract, a distance of 720.58 feet to a 1/2 -inch iron rod with "RPLS 4857" cap found for corner at the northwest corner of said second referenced Linken Real Estate tract and in the east line of a tract of land described in Special Warranty Deed to Staff Realty, Inc. recorded in Document No. 940006845 of said Official Records; THENCE, North 01 degrees 15 minutes 37 seconds East, along the said east line of the Staff Realty tract, passing at a distance of 61.22 feet a 1/2 -inch iron rod found at the northeast corner of said Staff Realty tract and the southeast corner of Lot 1, Block A, McKinney Street Substation Addition, an addition to the City of Denton according to the plat recorded in Instrument No. 2015 -68 of said Official Public Records, and continuing along the east line of said second - referenced Lot 1 at a distance of 743.16 feet passing a 1/2 -inch iron rod with "RPLS 4857" cap found for corner, then continuing in all a total distance of 787.93 feet to the POINT OF BEGINNING; CONTAINING, 497,563 square feet or 11.422 acres, more or less. Mark N. Peeples Date Registered Professional Land Surveyor No. 6443 Pacheco Koch, LLC 8350 N. Central Expwy., #1000, Dallas TX 75206 (972) 235 -3031 TX Reg. Surveying Firm LS- 10193805 Exhibit B Site Plan and Landscape Plan 1101 MR11 ONE f I/ Uk no, mlo q 1101 MR11 ONE f I/ 1H ASK now II its' Al, 4f Y�f F0' ,WAN wr�y�� ,,mp d'� KU r q 3 y yy MEN' Ulm milli 1. "Hy i al NOT! M 1 1 1H ASK now II its' Al, 4f Y�f F0' ,WAN wr�y�� ,,mp d'� N r q 3 y yy Exhibit C Elevations I t:� rrl Z 0 Z I I � , .11 � . 1,1110 .� - � I 1., .1 ll.� it I Mas m w,o c: > try 4h, P 6 spa . . ........ 'AI] WJrl m O .... .. ......... 15 I U THE MAJESTIC ON McKINNEY mmmirimj r.) mmEw sEr - ------- - --- - -- - - - - - - -- l I ; .......... ..... . . . . . . .. .... . . . .... ..... ..... .... . . . . . . ............ 215 APARTMENTS IN DENTON, TEXAS FOR AND MERICK COMPANIES IN 0 IS try P 6 spa . . ........ 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