The URL can be used to link to this page

S18-0005gS:OO.c��af\��ur C�erci.uorua n�ustC�rc�irh�¢uncG,s11 �\S I �-(1(➢O.5 �r�cx • l • i �''� � � . AN ORDINANCE OF THE ClTY OF DCNTON, TLXAS, APPROVING A SPEC[FIC USE PERMIT TO ALLOW FOR A MULTI-FAMILY DWELLING USE ON AN APPROXIMATELY 9.91 ACRE S1TE, GENERALLY LOCATED WEST OF MOCKINGQIRD LANE, SOUTH OF MINGO ROAD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY 1N THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (518- 0005} WHEREAS, Kirkman Engineering, on behalf af the property owner, has applied for a Specific Use Permit (SUP) ta allow far a Multi-family Dwelling use on an approximately 9.91- acre site, within the Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district and use classification, as described in Exhibit "A" (hereinafter, "the Prapertygg); and WHEREAS, on March 20, 2019, the Planning and Zaning Commission, in compliance with the laws af the State of Texas, having given the requisite notices by publication and otherwise, and having afforded full and fair hearings and ta all property owners interested in this regard, has recammended approval [6-0] of the requested SUP, subject ta a candition; and WHEREAS, an May 7, 2019, the City Council fikewise conducted a public hearing as required by law to cansider the Specific Use Permit request. Upon cansideration, the City Cauncil hereby finds that the request is consistent with the Dentan Plan and federal, state, and local law, and that the Applicant has agreed to comply with all provisions of the Denton Development Code ("DDC"), and has further agreed to camply with the additional restrictions and conditions set farth herein; and WHEREAS, the City Council has determined that it will be benefcial to Denton and its citizens ta grant the SUP; that such grant will not be detrimental to the public welfare, safety, or health; that proposed permit, as conditioned below, satisfies criteria set forth in DDC §§35.6,3 and 35.6.4; and that the SUP shauld be granted; NOW THERB�ORE, TFIE COUNCIL OF T}-IE CITY OF DENTON HEREBY ORDAINS: SECTION l,, The findings and recitations contained in the preamble of this ordinance are incarporated herein by reference and found to be true. SECTION 2. The SUP ta allaw the Multi-family Dwelling use on the Praperty as shown an the site plan and landscape plan attached and incarporated herein as Exhibit "" and Exhibit "C", is hereby approved, with the follawing conditions: The attached preliminary site plan and landscape plan reflects an intent ta comply with the DDC requirements for parking, street trees, minimum landscape and tree canopy areas, open space, recreation space, and compatibility buffers, with administrative approval of alternative buffer elements permitted in accordance with the DDC. Minor alterations ta the depicted locations af individual plantings may be approved by City staff, provided that the final landscaping, as planted, complies with the attached landscape plan in terms of buffer and apen space locations, as well as all elements of the DDC. 2. Notwithstanding the limited administrative appravals authorized in condition l, the City reserves the right to require approval by ardinance af any amendments to the SUP, the attached site plan, the attached landscape plan, and the elements described in Section 3 belaw, including those referenced in condition l. ECT[ON 3. The attached site plan and landscape plan provided in Exhibits `B" and "C" specify the following requirements, and are incarporated as requirements of the SUP. Staff shall have the abil ity 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. l. The multi-family development will encompass a maximum of 9.91 acres. 2. Twelve (12) tenant buildings and ane clubhouse are indicated, with a building footprint area specified at 10$,500 square feet. 3. One hundred eighteen (118) dwelling units are specified, with a density of 11.90 dwelling units per acre, 4. Three hundred seventy-five (375) parking spaces are required for the multi-family development indicated on the site pfan. Parking may shift slightly ta accommodate a change in the unit mixture, but shall be in accordance with the requirements of the DDC and within the range af staff approvability. 5. The landscape plan specifies a 57% maximum lot coverage an lat 1 and a 63% maximum lot coverage on lot 2, with an average of 60% maximum lot coverage, which includes a 10-faot wide Type "L399 landscape buffer along the southern property line and a 15-foot wide Type "C" landscape buffer along the western and northern property line. �,1 � q`I��:��I ��. I��u�t,N�•�� °��p��. 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 af 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. �ml �m�' ��,arl�dl„ac��. Upan notice ta the property owner and a hearing before the City Council, a SUP may be revaked or madified if: 1. One ar more of the conditians imposed by this Ordinance that have not been met or have been violated on the Property; 2. The SUP was abtained ar extended by fraud or deception; or 3. As otherwise permitted by law or Denton's Zoning Ordinance. SECTION 6. Unlawful use, It shall be unlawful for any person, firm, entity, or � _ corporation to make use ofthe above-referenced I roperty in some manner other than as authori�ed by the Denton's Codes of Ordinances and this Ordinance. SECTION 7. Severability. lCany 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 ofthis ordinance are severable. SEC'TION 8. Penaltv. 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 cetains 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. �, �, � � ,�� . � wNrr�u �n��t� ��a��. ��y� .. �.,��° ��"�.. � � �� .�a��c� f,�l��, t��s�lo+�� a� �r��N�,ru� 11�►� ��da.Nr�� ... � _. �,a,ca�dx��+��'�i ��" ,� �� _ � �..��,u.�.��..��.�" �. .. � �N�� t�r•�i��i�ce was passed and approved by 4d�� Aa7Nl��wvio�� v�:�i� p �� " �: Chris Watts, Mayor: Gerard I-ludspetl�, District 1: Keely G. Briggs, District 2: Don Duff, District 3: John Ryan, Uistrict 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the �� „� �, u u,u� � �n, � � �- � �� , � � � �� , �M� �� "° ��" , ,�� '�� a��: �w, � * �. ,� �„�� a�� ,� �� .�� Nav Abstain Absent � ��°��"� day of �,.,,� �i�� , 2019. �" ........ R". � ..A.� �y. �� m � �� r ,,� a �� _. ... ,,,,, , ,,,,,,,, �,.,,, , ,., _ .. ciiRis wnrrrrs, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY �� B Y �„�� ' ��,��,�„,'��,_ . �� «�`�� ` APPROVED AS TO LEGAL FORM: AARON LCAL, CITY ATTORNEY BY: /s/Jerry E. Drake, Jr. I;xhibit A - Lacatian ap 3/13/2019PLOTTED DATE: Patrick FilsonPLOTTED BY: K:\\Jobs\\MUK18011_Mocking Bird Multifamily\\Drawings\\03_ENGR\\03 - Production\\C4.0 SITE PLANK:\\Jobs\\MUK18011_Mocking Bird Multifamily\\Drawings\\03_ENGR\\03 - ProductionFULL PATH: R 14 UNITS 6 UNITS 6,982 SF 5,683 SF BUILDING 1 BUILDING 8 9 UNITS 8,525 SF 15 UNITSBUILDING 9 14,208 SF BUILDING 3 10 UNITS 9,472 SF 14 UNITS BUILDING 10 13,261 SF BUILDING 4 12 UNITS10 UNITS 11,366 SF9,472 SF BUILDING 5BUILDING 11 9 UNITS 8 UNITS 8,525 SF 7,577 SF BUILDING 6 BUILDING 12 5 UNITS 6 UNITS 4,736 SF 5,683 SF BUILDING 7 BUILDING 13 3/13/2019PLOTTED DATE: Amy LondonPLOTTED BY: C:\\Users\\Amy London\\Dropbox\\London Landscapes\\2018\\Mockingbird\\L1.00 LANDSCAPE PLAN - SUPC:\\Users\\Amy London\\Dropbox\\London Landscapes\\2018\\MockingbirdFULL PATH: