S19-0013bS:\Legal\Our Documents\Ordinances\20\S 19-00 13 - Mingo Road Apartments SUP - 9.15.20 Meeting.Docx
ORDINANCE NO.S19-O013b
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT TO ALLOW FOR A MULTI-FAMILY DWELLING USE ON APPROXIMATELY 4
ACRES OF LAND GENERALLY LOCATED ON THE NORTH SIDE OF MINGO ROAD,
APPROXIMATELY 150 FEET SOUTHWEST OF BOYD STREET 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. (S19-O013b, MINGO
ROAD APARTMENTS)
WHEREAS, Allison Engineering, on behalf of the property owner, DLH Investments,
LLC, has applied for a Specific Use Permit (SUP) to allow for a multi-family residential use on
approximately 15.34 acres, within the Community Mixed Use General (CM-G) zoning district and
use classification, as described and shown in Exhibit “A“ (hereinafter, “the Property”); and
WHEREAS, on July 22, 2020, 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 (6-0) of the requested SUP subject to the site plan,
landscape plan, and elevations attached as Exhibit “B”; and
WHEREAS, on September 15, 2020, the City Council likewise conducted a public hearing
as required by law, and finds 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;
WHEREAS, the City Council of the 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 concept 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 site plan in terms of buffer and open space locations, as well as all
elements of the 2019 Denton Development Code.
B.
C.
D.
Signage. Speed mitigation signage must be installed at regular intervals along the
internal drive aisle.
Symbology. The zoning map shall reflect the Specific Use Permit on the property
consistent with the 2019 Denton Development Code.
Administrative Approvals. Notwithstanding the limited administrative approvals
authorized in condition 1, 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 1.
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.
B
C
D
E.
48 one-bedroom units and 16 two-bedroom units in three two-story buildings
connected by a looped drive aisle. Each building footprint has a maximum 7,644 square
feet
101 parking spaces evenly distributed along the looped drive.
Central open area with a minimum of 13,000 square feet.
The solid waste containers are located 149 feet from the nearest adjacent residential lot.
The buildings are designed with pitched roofs, porches, and awnings to correspond to
the architectural character of the area.
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.
B. Increases greater than 5% of any of the amounts specified in requirements A and B in
Section 3, provided all applicable requirements of the DDC are met.
C. Notwithstanding the limited administrative approvals authorized for conditions A and
B 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 and B, 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
Page 2 of 4
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.
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the ordinance was passed and
and
approved by
the following vote Ly -X]:
Aye
./
Nay
V/
V‘
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 thi' th' \ StYX day of SeX?M\be.(, 2020.
mIg BmSmO
Page 3 of 4
ATTEST:
ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
AARON LEAL. CITY ATTORNEY
Page 4 of 4
Exhibit A
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Drawn by:Plotted By:Plot Date:Save Date:Plot Style Table:File Name:info@ae-grp.comTexas Board ofProfessional EngineersRegistration Number: F-78982415 N. ELM STREET DENTON, TEXAS 76201Phone (940) 380-9453FAX (940) 380-9431DLH INVESTMENTSS.U.P. S19-0013 PREPARED: 01/31/2020MINGO ROAD APARTMENTSLOT 1 BLOCK 14.001 ACRES SITUATED IN THE J.D. LILLY SURVEY, ABSTRACT NO. 762LOT AREA: 174,290 SF EXISTING ZONING: R7CITY OF DENTON, DENTON COUNTY, TEXAS07/
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Job: DLH1901Nathanael WolfTuesday, July 14, 2020 4:06:37 PMTuesday, July 14, 2020 12:34:48 PMAllison.ctbP:\Projects\DLH1901 - FLA Mingo Road MF\DWG\Concept\Concept Plan.dwgSHEET
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Drawn by:Plotted By:Plot Date:Save Date:Plot Style Table:File Name:info@ae-grp.comTexas Board ofProfessional EngineersRegistration Number: F-78982415 N. ELM STREET DENTON, TEXAS 76201Phone (940) 380-9453FAX (940) 380-9431DLH INVESTMENTSS.U.P. S19-0013 PREPARED: 01/31/2020MINGO ROAD APARTMENTSLOT 1 BLOCK 14.001 ACRES SITUATED IN THE J.D. LILLY SURVEY, ABSTRACT NO. 762LOT AREA: 174,290 SF EXISTING ZONING: R7CITY OF DENTON, DENTON COUNTY, TEXAS07/
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ENGINEER NO. 120886
LAWRENCE A. HOLDORF