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S19-0004d3:\LegaltOur I}ocum�ntstC}rd inancest I 9t� 19-OQ04 QS06 ( 4 r€;�rision.docx o�nvaNCE No. S 19-0004d AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO ALLOW FOR A MULTI-FAMILY RESIDENTIAL USE ON AN APPROXIMATELY 8.627-ACRE SITE, GENERALLY LOCATED ON THE NORTH SIDE OF EAST RYAN ROAD, APPROXIMATELY 850 FEET WEST OF TEASLEY LANE, 1N THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (S 19-0004, Hunters Creek) WHEREAS, Kimley-Horn Associates, on behalf of the property owner, Denton West Joint Venture, has applied for a Specifc Use Permit (SUP) to allow for a multi-family residential use on approximately 8.627 acres, within the Neighborhood Residential Mixed-Use (NRMU) zoning district and use classification, as described and shown in Exhibit "A" (hereinafter, "the Property"); and WHEREAS, on June 19, 2019, 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 [6-0] of the requested SUP, subject to conditions; and WHEREAS, on July 16, 2019, 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, 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. 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. Landscaping in the attached landscape plan reflects an intent to comply with the DDC requirements for parking, street trees, minimum landscape and canopy areas, and compatibility buffers. 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 terms of buffer and open space locations, as well as all elements of the DDC. 2. Parking area light fxtures can be determined at building permit, but may not exceed 14 feet in height, must be full cutoff and downcast fixtures, and shall maintain an average illuminance value of no less than two foot-candles. 3. Notwithstanding the limited administrative approvals authorized in conditions 1 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. 4. Live Oaks must be planted within the landscape buffer located on the west property boundary. 5. Twenty-fve percent (25%) of the parking spaces located along the west property boundary must be covered. �1�� I 1�)�&_m�mm The attached site plan, landscape plan, and sample building elevations provided in Exhibit B specify the following, which will be incorporated as requirements of the SUP ordinance. Staff shall have the ability to approve a reduction in the lot coverage, an increase in the landscape area, and a decrease in the number of dwelling units with associated parking by any amount. Increases greater than 5% of any of the amounts specified in requirements 2-4 may be approved by Staff, provided all applicable requirements of the DDC are met. 1. Five (5), three-story buildings located no closer than 101 feet from the west property line. 2. Two Hundred fourteen (214) dwelling units are specified, with a density of 24.8 dwelling units per acre. 3, No fewer than three hundred fifty three (353) parking spaces are required. 4. The site plan specifies a total of 59.2% lot coverage (222,469 square feet of impervious surface) and 40.8% landscape area (153,323 square feet). 5. Eight (8) foot tall precast concrete fence installed along the west property line. 6. Bicycle racks installed to accommodate one bicycle per 20 vehicle spaces (18 bicycles total) 7. Open spaces areas (Plazas) to include a minimum of 28 seating spaces. 8. A minimum of four (4) dog waste stations installed in the open space along the eastern boundary. 9. Fifteen (15) large-canopy trees planted along the western boundary. 10. The sample building elevations specify an earth tone and gray tone color palette with facades of stucco, fiber cement siding, stone, brick, metal awnings, and metal guardrails. Brick or stone shall comprise a minimum of 40% of the exterior finishes of the total building elevations. Final building elevations should reflect these materials and colors and be in compliance with DDC 35.13.13.2 11. 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 __m_ ITmmm_�� 4. ��ia��,�!. Except as otherwise stated above, all terms of the SUP ��G'm I��):�!� ��ttl��e, l shall be complied with prior to issuance of a Certificate of Occupancy. Failure to comply with any term or condition of the Ordinance may 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. "�I.�;�"��"��t� 5�,, �1.16� C��tei��bic��. Upon notice to the property owner and a hearing before the City Council, a SUP may be revoked or modifed 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. Unlawfulwuse. 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. �,��C""I"a�)l�f "7 ��ra��w�l�iC��y_., 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 remaining provisions or applications, and to this end the provisions of this ordinance are severable. ��.C,�""1'I(;�N �. B'��•�� 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. ��?�""'I`1��1� ��. In compliance with Section 2.09(c) ofthe 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. F � The motion to ��p��°�v� this ordinance was made by �� ,� � m�� -��'�� .��.� �,�"�� and seconded by _�� ^�� • the ordinance was passed and ��g�rc��l by the � � ..�a.,.. � .. ........ .. ......�..�..�...—, following vote [(� - �: 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: NaX, F°�l��l�ir� Absent � ,__. _ � � �' d� � ��."' ____ ��'.��'��,�� PASSED AND APPROVED this the ��/L day of __ �.� I 9. CHRIS WA�➢��[°�, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY „�}�"�� " �� ti , � � � �""� _� .._�:_� .� . �� g ....�........ �r�(�;F� `� �, df" �� u� BY: ,..�_��n„a� � �.......... �� ,f�� , , rt,r � ��" H f W 1?� � U� A° �Ik dr�,a v �p x APPROVED AS TO LEGAL FORM: ��° �� " AARON LEAL, CITY ATTORNEY ,�; � ��`' �� ,M m � �^ � ��,. `�'��m,�� G, � row �ti: ��R i ,,e,��" ��"��"�' u�. BY: /s/Jerrv E. Drake. Jr. Exhibit A Legal Description and Location Map BEING a tract of land situated in the J. Fisher Survey, Abstract No. 421, and being a portion of a called 56.014 acre tract of land as described in a Warranty Deed to Denton West Joint Venture as recorded in Instrument No. 2011-114170 ofthe Official Records ofDenton County, Texas, and being more particularly described as follows: BEGINNING at a PK nail found for the southernmost southeast comer of Teasley Trails Phase III, according to the Minor Amending Plat thereof recorded in Document No. 2017-95 of the Plat Records of Denton County, Texas, same being in an asphalt road, known as Ryan Road, and on the northerly line of a right of way dedication by Forest Meadow, Phase 2 thereof recorded in Instrument No. 3025-268 of the Plat Records of Denton County, Texas, and on the southerly line of said 56.014 acre tract; THENCE North 0"03'08" West, departing the northerly right of way of said Ryan Road, and said southerly line of 56.014 acres tract, and along the easterly line of said Teasley Trails Phase III, a distance of 748.35 feet to the northeast comer of Lot 13, Block B, common to the southerly end of the easterly terminus of Hunter's Creek Drive, a 75 foot wide right of way; THENCE departing the easterly terminus of said Hunter's Creed Drive and crossing said 56.014 acre tract, the following: North 85"39'31" East, a distance of 100.28 feet to a 5/8 inch iron rod with plastic cap stamped "KHA set for corner; North 89"56'52" East, a distance of 337.65 feet to a 5/8 inch iron rod with plastic cap stamped "KHA set for corner; South 0"34'00" West, a distance of 32.65 feet to a point for corner; South 33"44'48" East, a distance of48.26 feet to a point for comer; South 1"59'14" East, a distance of 46.51 feet to a point for comer; South 18"38'41" East, a distance of33.53 feet to a point for comer; South 46"53'00" East, a distance of25.21 feet to a point for comer; South 72"48'05" East, a distance of38.33 feet to a point for comer; South 43"28'47" East, a distance of30.63 feet to a point for comer; South 13"51'18" East, a distance of23.74 feet to a point for comer; South 36"05'47" East, a distance of22.52 feet to a point for comer; South 3"51'07" East, a distance of 59.87 feet to a point for comer; South 10"31'02" West, a distance of 108.30 feet to a point for corner; South 13°53'08" West, a distance of 57.59 feet to a point for corner; South 31 °21'21" West, a distance of 50.47 feet to a point for corner; South 22°59'38" West, a distance of 90.75 feet to a point for corner; South 40°09'01" West, a distance of 105.89 feet to a point for corner; South 0°44'31" East, a distance of 74.60 feet to a point for corner on the northerly right of way of aforesaid Ryan Road and the northerly line of Hickory Creek Heights according to the Final Plat thereof recorded in Cabinet N, Page 101 of the Plat Records of Denton County, Texas and on the southerly line of said 56.014 acre tract; THENCE South 88°45'51" West, along the northerly right of way line of said Ryan Road, the northerly line of said Hickory Creek Heights, the northerly line of a called 0.333 acre tract of land described in a deed to the City of Denton, as recorded in Instrument No. 2014-91669, aforesaid right of way dedication by Forest Meadow, Phase 2, and said southerly line of 56.014 acre tract, a distance of 412.33 feet to the POINT OF BEGINNING and containing 8.627 acres (375,812 square feet) of land, more or less. i : " � .i�' � � : � � � '�NI'S3�In?J3S.11lt/3?JNdWS�I?JdW � SVX31 'NOlN34 ��R �� s��1NnH �� %�� l ; �� ry ,.4 �� -� �� :r��_ � N 9 � � "�� °�" li.� i� � il a mr� w , � i � � � � � � ��y � � �� ,� � � �� , , ° , � � i1 J � ��a�� 7 ('i� �� 0 ,� -� � � � �;+�., bl � ��` v� I' '� �� I _�� , � I � . � .� ` ' �� '�` ° ,� i E � �91� __ . ;-� �" I ,�� ' IY , � t —_.�. � � r, i � �: � �� -- o - �, �; � �-: s� � � u� � �� M�,-. �° � J l��P � v� , LL a � owF � n �,� .�.,�. � �� . � o� �l� d � �mFrc FO 4��'� � �� t451< (ry c � (�r,0 �U g� �tf�� U�� i G b� �k w mn h� .',�i� ��'��j `o�o � F�y� $� ] � I �� 7�� } 0 z�8�d$iEE�SR� o�{'h��g�s� Z~ �� g d�%'r".ii"��:�� 5��433�334 �- ory� P..............�..�......... o � o � � < $ f, Q . ..... . ��,p��,�...._ __� �,� ��nio�) b"ww".�� V � �N 9 ' i ��.V �� I� "�a�� , �� o ir r�� t� i � �m�� ffi�' �� i ` ; ro �K " . �� " �� 2s� .. �, I � � ..,�..._. ��;� � � a n � � . ��,�W��w�w�� S µp�� I �,ym�w,ium� ��N, J � i�. p��9��ror �� N � � '� � � C � �� _��i��_ g �� ' � � � �� ;� r� � w _� � �� ... �� K�:� n � , � �k� � �� ' �� n� ��:��,�_��.� ��j�o �� „ � �� ...... . ........ ...... `� ,... � � � '� �'. !! �� ,�t�Et � . � . ! ! � �� '� �: 'n� �� : � � � �� p� p� ¢ � � � r� wi��t� N� y 4I �r � ggg � � " � W�7' �A� � �� ,��I ��W�� w� � � � B��c�'d �� r�� u�� c� �� N�� W w� fl �' �� ' �� Nb'ld l�b'1LIWe SNAlIJ dVJSONb'7 g� � I,,R j'i O� s � a_ A�IWb'�Illf1W �I3321� 52131Nf1H � o� n�� -' � t w �� x a „ , ,� . . ,;� � ��R � M �, ��l�C " °l��l°I��l „ . 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