2017-394s:\legal\our documents\ordinances\17\s17-0010-2 ordinance.docx
EFFECTIVE DATE. (S17-0010)
WHEREAS, Belair Development Ltd. has applied for a Specific Use Permit (SUP) to allow
for a multi -family residential use on approximately 7.5 acres within the NRMU zoning district and
use classification, said total acreage is composed of lots legally described and the location of which
is shown in Exhibit A, attached hereto and incorporated by reference herein (the "Property"); and
WHEREAS, after notice was published, a public hearing was held before the Planning and
Zoning Commission in accordance with State law on November 29, 2017, whereby the Planning
and Zoning Commission recommended approval (4-0) of the requested SUP, subject to conditions;
and
WHEREAS, on December 5, 2017, 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,
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 SUP to allow the multi -family and outdoor recreation uses on the
Property is hereby approved, subject to the following conditions:
1. A full site plan submittal shall be required to ensure each phase of the development
complies with the requirements of the Denton Development Code in terms of site
design, landscaping, parking, and building design as provided in DDC 35.6.3.
2. The exterior building materials must maintain muted, earth -tone colors.
3. A 12 -foot setback from the property line for all apartment buildings located adjacent to
Poinsettia Boulevard.
sAlegahour documents\ordinances\17\s17-0010-2 ordinance.docx
4. A six-foot decorative masonry wall constructed along Poinsettia Boulevard with
continuous hedgerow and street trees centered every 45 linear feet.
5. No on -street parking for tenants is permitted.
6. The project shall not be eligible for any on -street parking credits.
7. Vehicular connections will not be permitted between the multi -family use and future
commercial development to the north.
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.
I C 1 10 N 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. 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 6. 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 affect the validity of
the provisions or applications, and to this end the provisions of this ordinance are severable.
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. Effective Date. 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. 2017.
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1 '1"S, MA ____
CHRIS
YOR
EM
sAlegal\our documents\ordinances\17\s17-0010-2 ordinance.docx
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
VF"D AS CM LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY:
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