S18-0008i•'r � • : 111:;
AN ORDINANCE OF OF DENTON,APPROVING
PERMIT TO ALLOW FOR A MULTI -FAMILY RESIDENTIAL USE AS PART OF A MIXED -
DEVELOPMENT ON AN APPROXIMATELY 31-ACRE SITE, GENERALLY
LOCATED ON THE NORTHSIDE OF r •R DRIVE,OF FRONTAGE
ROAD, OF DENTON,DENTON COUNTY,PROVIDINGO.
InternationalPENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (S 18-
0008, Windsor Drive Apartments)
WHEREAS, Allison Engineering Group, on behalf of the property owner, Glory of Zion
• # the future surfacedeveloper • # owner, CL Ventures LLC, has
applied for a Specific Use Permit (SUP) to allow for a multi -family residential use as part of a
mixed -use development on approximately 31 acres, within the Neighborhood Residential Mixed -
Use (NRMU) zoning district and use classification, as described and shown in Exhibit "A"
(hereinafter, "the # and
WHEREAS, the CL Ventures LLC entered into and executed an agreement with the gas
well operator, Sage Natural Resources, of two nearby gas well drilling and production sites
(hereinafter, "the Agreement") that sets forth the 250 foot reverse setbacks for the multi -family
development from the two wells as shown on the attached site plan in Exhibit "B"; and
WHEREAS, on November 14, 2018, the Planning and Zoning Commission, in compliance
with the laws of the State of Texas, haviny-aiven the requisite notices bv Dublication and otherwise -
ON IF. "Alwill amp
and
WHEREAS, on November 28, 2018, the Planning and Zoning Commission, in compliance
with the laws of the State of Texas, having given the requisite notices by publication and otherwise,
and having afforded full and fair hearings and to all property owners interested in this regard, has
recommended approval [4-3] of the requested SUP, subject to conditions; and
WHEREAS, on December 4, 2018, the City Council likewise conducted a public hearing
as required by law to consider the Specific Use Permit request and recommended to continue the
public hearing to a date certain of January 15, 2019; and
WHEREAS, on January 15, 2019, the City Council likewise conducted a public hearing
as required by law to consider the Specific Use Permit request and recommended to continue the
public hearing to a date certain of February 5, 2019; and
WHEREAS, on February 5, 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
voted [4-3] to deny the request; and
WHEREAS, on February 12, 2019 the City Council voted [5-2] to reconsider the denial of
the requested SUP ordinance; and
WHEREAS, on April 2, 2019, the City Council likewise conducted a public hearing as
required by law to reconsider the Specific Use Permit request and voted [7-0] to continue the public
hearing to a date certain of April 16, 2019; and
WHEREAS, on April 16, 2019, the City Council likewise conducted a public hearing as
required by law to reconsider the Specific Use Permit request. Upon reconsideration, 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 ("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 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,
Imall
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 residential use on the Property as shown
on the site plan attached and incorporated herein as Exhibit "B", is hereby approved, subject to
the following conditions:
1. The City Council recognizes that driveway access locations from state highways must
be approved by the Texas Department of Transportation ("TxDOT"), and that
alterations in the configuration of 1-35 are currently in planning. Any driveway access
locations from the northbound 1-35 frontage road which must be altered in response to
changing TxDOT requirements during the permitting process may be administratively
approved by City staff, provided that such alterations comply with all DDC and criteria
manual requirements, and that all remaining elements of the approved site plan are
satisfied.
2. Landscaping in the attached site plan reflects an intent to comply with the DDC
requirements for parking, street trees, minimum landscape and canopy areas, open
space and recreation space, and compatibility buffers, with administrative approval of
alternative buffer elements permitted in accordance with DDC 35.13.8. Minor
alterations to the depicted locations of individual plantings may be approved by City
staff, provided that the final landscaping, as planted, complies with the attached site
plan in Exhibit "B" in terms of buffer and open space locations, as well as all elements
of the DDC.
3. The Agreement entered into and executed by CL Ventures LLC and Sage Natural
Resources, LLC, which sets forth the 250 foot reverse setbacks for the multi -family
development from the two wells as shown on the attached site plan in Exhibit "B",
must be filed in the records of Denton County prior to approval of a plat for the subject
property, and a note on the plat shall reference the Agreement and setbacks.
4. Notwithstanding the limited administrative approvals authorized in conditions I and 2,
the City reserves the right to require approval by ordinance of any amendments to the
SUP, the attached site plan, and the elements described in Section 3 below, including
those referenced in conditions 1 and 2.
A minimum of 35% of the net exterior building elevations for the total project shall be
brick or stone.
SECT100- 3. The attached site plan, landscape plan, and sample building elevations
provided in Exhibit "B" specify the following requirements, and are incorporated as
requirements of the SUP. Staff shall have the ability to approve an increase or decrease of
up to 5% of any of the amounts specified in requirements 2-5, with the exception of the
number of buildings, provided all applicable requirements of the DDC are met.
1. The multi -family portion of the mixed -use development will encompass a maximum
of 17 acres out of the total 31 acres.
2. Twelve (12) buildings are indicated, with a building footprint area specified at 129,518
square feet.
Three hundred thirty (330) dwelling units are specified, with a density of 20.05
dwelling units per acre.
4. Five hundred sixty four (564) parking spaces are required for the unit mix indicated
on the site plan. Parking may shift slightly to accommodate a change in the unit
mixture, but shall be in accordance with the requirements of DDC 35.14 and within
the range of staff approvability.
5. 11. The site plan specifies a total of 49.5% lot coverage and 50.5% landscape area,
which includes a 30-foot wide Type "D" landscape buffer along the eastern property
line. The plan reflects an "alternative" buffer with a combination of trees and an opaque
fence. DDC 35.13.8 grants the Director the ability to approve alternative compatibility
buffers. The Director may approve an alternative buffer that is equivalent to or more
restrictive than the buffer specified in Exhibit "B".
6. The sample building elevations specify an earth tone and gray tone color palette with
facades of stucco, hardieboard plank siding, and hardieboard panels. Final building
elevations should reflect these materials and colors and be in compliance with DDC
35.13.13.2 Additionally, the final building elevations shall comply with condition 5 as
stated in Section 2 above.
Sl`�'CTION 4. Fai lure to Coi i . ........ . 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.
SECTION 5. lal1_l�"gg flaji�ojls. 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 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's Codes of Ordinances and this Ordinance.
SECTION 7. 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 8. 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 9. 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.
on to a rove this ordinance was made b"� The mote pp Y ......�, �" ��..�'x ..passe :. � .� "w......d and
s econded by ; the ordinance was d and approved by
the l`ollowing voted
Aye Nay Abstain Absent
Chris Watts, Mayor:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3:'
John Ryan, District 4:
Deb Armintor, At Large Place 5:'
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the".:: day of , 2019.
(l 1 S °G "' MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: /s/Ierry F Drakes Jr.
Exhibit A
F,egal Descril2tion and Location
Property ID 523508 Northeast Corner of West Windsor and 1-35
31.000 Acres
BEING all that certain lot, tract or parcel of land situated in the F. Batson Abstract Number 43 in
the City of Denton, Denton County, Texas, being a part of that certain tract of land conveyed by
deed from Archie C. Payne to Carol Jean Payne Gaede and Roland Edward Payne recorded in
Volume 2593, Page 217, Real Property Records, Denton County, Texas and being more
particularly described as follows:
BEGINNING at a fence corner for corner in the east line of Interstate Highway Number 35, a public
roadway and in the south line of the N. Wade Survey Abstract Number 1407, said point being the
southwest corner of that certain tract of land conveyed by deed from J & L Partners to Rancho
Vista Development Company recorded in Volume 2695, Page 465, Real Property Records, Denton
County, Texas;
THENCE S 870 43' 06" E, 798.30 feet with the south line of said Rancho Vista Development
Company tract and with said south line of said Wade Survey tract to an iron rod set for corner;
THENCE S 01' 08' 26" E, 1708.66 feet to an iron rod found for corner in the north line of Windsor
Drive, a public roadway;
THENCE N 87' 27' 54" W, 757.52 feet with said north line of said Windsor Drive to an iron rod
found for corner in said East Line of said Interstate Highway;
THENCE N 06` 01' 00" W, 481.30 feet with said east line of said Interstate Highway to an iron rod
found for corner;
THENCE N 010 08' 26" W, 1228.19 feet with said east line of said Interstate Highway to the PLACE
OF BEGINNING and containing 31.000 acres of land.
Exhibit B
Vite Plan, Landscape Plan, and Sample Building Elevatiol
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