S20-0004bS:\Legal\Our Documents\Ordinances\20\S20-0004 - Denton Grove Apts SUP - 9.15.20.Docx
ORDINANCE NO. S20 -0004b
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT TO ALLOW FOR A MULTI -FAMILY DWELLING USE ON APPROXIMATELY
16.2 ACRES OF LAND, GENERALLY LOCATED ON THE NORTHWEST CORNER OF
DUCHESS DRIVE AND LOOP 288, IN 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. (S20 -0004b, DENTON GROVE APARTMENTS)
WHEREAS, Evolving Texas and Pedcor Investments, LLC ("Applicant"), on behalf of the
property owner, Dennis J. Koop, has applied for a Specific Use Permit (SUP) to allow for a multi-
family residential use on approximately 16.2 acres, within the Suburban Corridor (SC) zoning
district and use classification, as described and shown in Exhibit "A" (hereinafter, "the Property");
and
WHEREAS, on August 5, 2020, the Planning and Zoning Commission, in compliance with
the laws ofthe State ofTexas, gave the requisite notices by publication and otherwise, and afforded
full and fair hearings and to all property owners interested in this regard, recommended approval
6-0] of the requested SUP subject to the site plan, landscape plan, and elevations attached as
Exhibit "B"; and
WHEREAS, on September 1, 2020, the City Council likewise conducted a public hearing
as required by law and postponed the request to September 15, 2020; and
WHEREAS, on September 15, 2020, City Council determined that the request meets and
complies with all substantive and procedural standards set forth in Section 2.5.2 of the Denton
Development Code, and is consistent with the Denton Plan and the Denton Development Code;
and
WHEREAS, the City Council ofthe City of Denton has 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:
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:
A. Landscaping. Landscaping in the attached plan reflects an intent to comply with the 2019
Denton Development Code requirements for parking, street trees, minimum landscape and
canopy areas, and compatibility buffers. Minor alterations to the depicted locations of
individual plantings and final individual plant selections may be approved by City staff,
provided that the final landscaping, as planted, complies with the attached landscape plan
in terms of buffer, overall landscaping, street trees, mature tree canopy (167,072 square
feet), as well as all elements ofthe 2019 Denton Development Code.
B. Traffic Signal The Applicant, while recognizing it has to pay no more than $112,640
towards the costs of Project -Related Traffic Control Facilities, has offered to pay the City
400,000 for the Project -Related Traffic Control Facilities and, should the total Project -
Related Traffic Control Facilities be less than $400,000, the applicant desires the balance
to be used by the City for the development of the Pebblebrook Open Space as a City park
when determined to be feasible by the City. This condition will be incorporated into an
escrow agreement between the Applicant and the City.
C. Sidewalk Extension. An offsite sidewalk must be constructed concurrent to other required
public improvements along the South Loop 288 frontage, extending from the subject
property's north boundary, across the adjacent property, and connecting to the existing
sidewalk.
D. Zoning Map. The zoning map shall reflect the Specific Use Permit on the property
consistent with the 2019 Denton Development Code.
E. Notwithstanding the limited administrative approvals authorized in condition A, the City
reserves the right to require approval by ordinance of any amendments to the SUP, the
attached site plan, and the elements described the section above, including those referenced
in condition A.
SECTION 3. The multi -family residential use allowed by the SUP on the Property,
depicted on the site plan, landscape plan, and building elevations included in Exhibit `B," requires
the following elements, which are hereby incorporated into this Ordinance:
A. Dwelling units: 276 one-, two-, and three-bedroom units in twelve two- and three-story
buildings (124,653 square feet of building footprint).
B. Central gathering area: amenity center, community pool, tot lot, playground, game court,
pavilion, seating area with grills, pedestrian pathways, and open space distributed within
an approximately 1.4 -acre central community park.
C. Other open spaces shall be provided: enclosed dog park, tree preservation area, and
butterfly garden.
D. Parking: 524 total spaces.
E. Access: one connection to Loop 288; one connection to East McKinney Street through
adjacent property; one connection to Duchess Drive.
F. Design: a balcony or patio shall be provided for each dwelling unit, primary building
entrances shall include decorative sconces, a mix of trees and shrubs shall be planted
between parking areas and building entrances, and all buildings shall be either oriented
toward Loop 288 or organized around the central gathering area.
G. Solid Waste: Final locations for solid waste locations will be determined with the review
of the building permit.
SECTION 4. Administrative Modifications. The Development Services Director or
designee may administratively approve the following modifications:
A. 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. Additional
parking reductions may be granted in accordance with DDC Section 7.9.5E.
Page 2 of 4
B. Increases of 5% or less of any of the amounts specified in requirements 1 and 4 in
Section 3, provided all applicable requirements of the DDC are met.
C. The applicant may increase the number of buildings, provided that the number of
units and building footprint remains the same, subject to Section 4, modifications A
and B.
D. Notwithstanding the limited administrative approvals authorized for in condition A in
Section 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 above, including A, provided all applicable requirements of the DDC are met.
SECTION 5. 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 runs with the land, and is assignable
and transferable to subsequent owners of the Property.
SECTION 6. 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
the DDC.
SECTION 7. 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
DDC, Code of Ordinances, and this Ordinance.
SECTION 8. 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 not affect the validity
of the provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 9. 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 10. 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.
Page 3 of 4
The motion to approve this ordinance was made by A -P— c W 5i-, , qq S and
seconded by S2 "t)y S ; the ordinance was passed -and approved by
the following vote [-I - 6 1:
PASSED AND APPROVED this the } day of ,tom C , 2020.
CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Page 4 of 4
Ave Nay Abstain Absent
Chris Watts, Mayor:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse Davis, 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 ,tom C , 2020.
CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Page 4 of 4
Exhibit "A"
All that certain tract or parcel of land situated in the M. Yoachum Survey, Abstract No. 1442 and
the M. L. Austin Survey, Abstract No. 4, Denton County, Texas, a called 16.1605 acre tract,
more or less, described in deed from U. S. Independent Companies, Trustee to U. S. Independent
Companies on the 24th day of August, 1983, recorded in Volume 1249, Page 758, Deed Records
of said County, and being more particularly described by metes and bounds as follows:
BEGINNING at a found iron rod for the southeast corner of said 16.1605 acre tract on the West
right-of-way of Highway Loop 288 (120 feet wide);
THENCE North 88 degrees 38 minutes 27 seconds West, along the South line of said 16.1605
acre tract, a distance of 350.20 feet to a found iron rod;
THENCE continuing along the said South line with a curve to the left having a central angle of
42 degrees 56 minutes 29 seconds, a radius of 411.42 feet, a chord of South 69 degrees 43
minutes 31 seconds West, 301.18 feet, and an arc length of 308.35 feet;
THENCE continuing along the said South line, South 48 degrees 08 minutes 07 seconds West,
a distance of 72.04 feet to a point at the beginning of a curve;
THENCE continuing along said South line with a curve to the right having a central angle of 14
degrees 07 minutes 49 seconds, a radius of 365.03 feet, a chord of South 55 degrees 04 minutes
27 seconds West, 89.80 feet, an arc length of 90.02 feet to an iron rod found for the southwest
corner of said 16.1605 acre tract;
THENCE North 01 degrees 03 minutes 37 seconds East, along the West line of said 16.1605 acre
tract, a distance of 527.81 feet to a found iron rod for comer, said corner being on the South line
of said M. Yoachum Survey and the North line of said M. Austin Survey;
THENCE North 89 degrees 16 minutes 37 seconds East, along said survey line, a distance of
65.23 feet to a found iron rod for an interior "L" corner of the said 16.1605 acre tract;
THENCE North 01 degrees 42 minutes 06 seconds East, along the West line of said 16.1605 acre
tract, a distance of 628.99 feet to a found iron rod for the northwest corner of the said 16.1605
acre tract;
THENCE South 88 degrees 44 minutes 00 seconds East, along the North line of said 16.1605
acre tract, a distance of 687.05 feet to a found iron rod of the West right-of-way of Highway
Loop 288 and being the northeast corner of said 16.1605 acre tract;
THENCE South 01 degrees 15 minutes 00 seconds West, with said right-of-way and the East line
of said 16.1605 acre tract, a distance of 946.75 feet to the Point of Beginning and containing
16.1690 acres of land, more or less.
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