S17-0008dC:\Users\101354\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content. Outlook\YOWS9V65\S17-0008 Ordinance Rev2.docx
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT TO ALLOW A MANUFACTURED HOUSING PARK WITH CONDITIONS ON
APPROXIMATELY 126.1 ACRES, GENERALLY LOCATED NORTH OF EAST MCKlNNEY
STREET AND WEST OF SOUTH TRINITY ROAD, IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY' S OFFICAL ZONING
MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE. (S 17-0008)
WHEREAS, Brent Murphree, on behalf of The Woodlands of McKinney LLC, has applied
for a Specific Use Permit (SUP) to allow a manufactured housing park on approximately 126.1
acres, within the Neighborhood Residential 6 (NR-6) zoning district and use classification, as
described in Exhibit A and depicted in Exhibit B; and
WHEREAS, on October 24, 2018, the Planning and Zoning Commission, in compliance
with the laws of the State of Texas, have given the requisite notices by publication and otherwise,
and have held due hearings and afforded full and fair hearings to all property owners interested in
this regard, and have recommended approval [7-0] of the change requested SUP subject to
conditions attached as Exhibit C; and
WHEREAS, on December 4, 2018, the City Council postponed the public hearing to
January 8, 2019; and
WHEREAS, on January 8, 2019, the City Council likewise conducted a public hearing as
required by law, to consider the Specific Use Permit request. Upon consideration, the City Council
hereby finds that the request is consistent with the Denton Plan and federal, state and local law,
and the applicant has agreed to comply with all provision of the Denton Development Code (DDC),
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 in Exhibit
C, and;
WHEREAS, the City Council of the City of Denton have determined that it will be
beneficial to Denton and its citizens to grant the SUP; and such grant will not be detrimental to the
health, safety, morals, and general welfare of the City of Denton, and that the SUP should be
granted as set forth herein; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
„I_ C']1ON' 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 manufactured housing park on the Property, is hereby
approved, subject to the Conditions in Exhibit C and an additional condition which prohibits the
issuance of a building permit for any building on the site prior to October 2020.
SECTION 3. 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 runs with the land, and is assignable and transferable
to subsequent owners of the Property. The applicant shall further mitigate off -site traffic impacts
by paying $75,000 for traffic mitigation efforts including, but not limited to, traffic circles, speed
tables, pavement markings, signage, and landscaping in the Lakeview Ranch neighborhood. The
$75,000 shall be paid prior to the issuance of a building permit for the site.
SECTION 4. 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 5. Any person, firm, partnership or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 6. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, 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.
The motiot-i to approve this oiclina:nc:e was made b ��.�q) ji v
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s °ecat deal b anal approved key
[I �e f l ioN,01,1g vote � �� - �".J: �
Aye NZ Abstain Absent
Chris Watts, Mayor:
Gerard Hudspeth, District 1:_
Keely G. Briggs, District 2:
Don Duff, District 3:w
John Ryan, District 4:,
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6: V`; ..._
...
PASSED AND APPROVED this theY l ' day of 2018.
� '
CHRIS W A°I"'PS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPR( k�.!" AS TO LEGAL FOi.:
AARON LEAL, CITY ATTORNEY
BY: /s/ Jerry E. Drake, Jr.
Exhibit A
Legal Description
FIELD NOTE DESCRIPTION
THE WOODLANDS
SUP EXHIBIT "A"
126.130 ACRES
BEING a tract of land situated In the Moreau Forest Survey, Abstract Number 417, In the City of
Denton, Denton County, Texas and being a portion of that tract of land conveyed to Charles
David Mulkey according to the document filed of recorded in "volume 435, Page 40 of the Deed
Records of Denton County, Texas, and being a portion of that tract of land conveyed to Trade
MLdkey Yarbrough, Connie Mulkey McKeathen and \Adds Mulkoy McQueen, according to the
document filed of record in County Clerk File Number 2012-146251, Real Property s of
Denton County, Texas and being all that tract of land conveyed to Trade Mulkey Yarbrough,
Connie Mulkey McKeathen and Vidde Mulkey McQueen according to the document field of
record in County Clerk File Number 96-0021068, Real Properly Records of Denton County,
Texas, said tract being more particularly described as follows;
BEGINNING at point In the west line of Trinity Road, a 60-foot right-of-way, for the most
southerly southeast comer of the tract of land described herein;
THENCE North 83"40'43" West, a distance of 1484.92 feet to a point for comer;
THENCE South 1 °51'00" West, passing at a distance of 822.18 feet a point in the north line of
that tract of land described in Cause Number 86-129, Official Public Records of Denton County,
Texas, continuing for a total distance of 896.29 feet to a point for comer,
THENCE South 1 °00'41" West, a distance of 170.77 feet to a point in the northeasterly line of
East McKinney Street, a.k a. F.M.426;
THENCE North 55°32'W' West, with said line, a distance of 555.64 feet to a point for corner,
THENCE North 54047'09" West, with said line, a distance of 438.45 feet to a point for corner at
the beginning of a curve to the right, having a radius of 5679.62 feet, a central angle of
00°51'28" and a chord bearing and distance of North 52°31'51" West, 85.04 feet;
THENCE with said line and curve to the right an arc distance of 85.04 feet to a point for comer,
THENCE North 51 °40'04" West, with said line, a distance of 566.26 feet to a point for corner in
the northeasterly line of said East McKinney Street, a.k.a. F.M.426;
THENCE North 2°36'49" East, leaving said line, a distance of 1318.87 feet to a pant for comer;
THENCE South 87058'53" East, a distance of 1424.55 feet to a point for comer;
THENCE North 2024'19' East, a distance of 1232.07 feet to a point for comer;
THENCE South 88°21'43" East, a distance of 863.84 feet to a point for comer;
THENCE South 1 °42'27" West, a distance of 702.71 feet to a point for corner,
THENCE South 88014150" East, a distance of 322.02 feet to a point for comer,
THENCE South 2°1655" West, a distance of 540.00 feet to a point for corner,
THENCE South 87048'53" East, a distance of 204.22 feet to a point for comer,
THENCE South 2"0633" West, a distance of 1281.99 feet to the POINT OF BEGINNING and
containing 126.130 acres (5,494,229 square feet) of land, more or less.
This document was prepared under 22 TAC §663.21, does not reflect the results of an on the
ground survey, and Is not to be used to convey or establish Interests In real property except
those rights and Interests Implied or established by the creation or reconfiguration of the
boundary of the political subdivision for which it was prepared.
L.�.�;
Exhibit C
THE W-- OODLANDS ON'
MCKINNEY ST���"C
SUP Conditions
October, 2018
Applicant/Developer/Home Builder
The Woodlands on McKinney Street, LLC
14114 N. Dallas Parkway, Suite 265
Dallas, TX 75254
Planner/Engineer/Surveyor
Kimley-Horn and Associates, Inc.
5750 Genesis Ct., Suite 200
Frisco, Texas 75034
(972) 335-3580
C;:\Users\101354\AppData\Local\Microsofi\Windows\'I'emporary Internet Files\Content.Outlook\YOWS9V65\S17-0008 Ordinance Retr2.docx
1.0 Purpose
The purpose of these NR-6 Zoning Overlay Conditions is to specify and provide quality
measures for this development.
2.0 Modular and Manufactured Housing
Property would be developed in accordance with NR-6 Zoning District as stated in the
City's Development Code with the following conditions and restrictions stated below:
• Allowed Land Uses: Only allowed land uses are 497 Modular and Manufactured
Housing units on 120.1 gross acres and six One -Acre Single Family Detached Housing.
• There shall be a minimum of 6 acres of land developed as one -acre single family lots.
These lots shall front Trinity Road.
• 40% of the existing tree canopy must be preserved.
• 100% of the City of Denton ESA Areas shall be preserved, except for one
roadway crossing.
• A minimum 10 acres of open space/green space shall be provided.
• Amenity Center - Minimum 4,500 square foot air-conditioned club house with pool
and cabana.
• Minimum of two 2-inch diameter trees shall be planted on each lot.
• The homes to have brick or stone wainscoting for the skirting.
• Deed Restrictions shall be reviewed and approved by the city prior to filing of the first
Final Plat. Deed restrictions shall be filed with the county and include the following
minimum requirements:
o Property ownership shall own and maintain all improvements on the property.
This shall include all streets, wet utilities, landscaping, irrigation systems,
fencing, landscape buffers along perimeter, creeks, drainage ways, ESA areas,
etc. Only franchise utility improvements shall be owned and maintained by
others. These utilities shall be installed in specific easements as identified by
the Final Plat.
o Property ownership is required to mow and edge all common areas and stand
areas at least every two weeks in the Spring and Summer months. Every three
weeks is required in the Fall and Winter months.
o Property shall be gated.
o Property shall 100% owned by one entity.
o Property shall be platted as a single lot.
o All manufactured homes shall be installed on an engineered reinforced
concrete slab.
o All manufactured homes shall be structurally affixed to the concrete pad.
o Manufactured Homes must be offset a minimum of 20' off the back of curb.
Minimum 18' wide driveway must be installed in front of the homes, therefore
providing 2 off-street parking spots per home.
o All homes to have masonry skirting down to the concrete slab, on all sides
of the home.
McKinney Street Screening & Landscape Buffer Improvements:
0 20' landscape buffer with automated irrigation systems.
0 4-inch minimum diameter shade trees planted on 30' centers, with a staggered
row on each side of the proposed screening wall.
o 8' masonry screening wall built on a 2'-3' tall berm. Berm shall have a flat top of
at least 5' and a maximum side slope of 5:1. Creating an effective screening
height of 10'-11'.
• 6' masonry screening wall to be installed between the one acre lots and remaining
development. Fence to be installed with the first adjoining phase.
• There shall be three (3) public street access points for the development. Two
connections along McKinney Street and one (1) along Trinity Road.
• Developer shall dedicate the ultimate right-of-way for future Post Oak Boulevard at no
fee to the city, upon filing of the first Final Plat. This is approximately 1,100 linear feet
parallel to the west property line and 135' wide, equating to approximately 3.4 acres of
land.
• Developer shall install two left turn lanes into the development along McKinney Street.
Developer to install a 6' reinforced concrete public trail along the property frontage and
terminate at Ryan High School. Along the property frontage this trail will meander within
the 20' landscape buffer and McKinney Street right-of-way. North of the site, the trail will
be installed inside the McKinney Street right-of-way.