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S20-0007bORDINANCE NO.S20-OO07b AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO ALLOW A BUILDING NO MORE THAN 46 FEET IN HEIGHT ON APPROXIMATELY 1.57-ACRES, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF STUART ROAD AND NORTH 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-OO07, QUINCY COURT) WHEREAS, Dennis Richmond of Summa Terra Ventures, on behalf of the property owner, Liberation Development Investments, LLC, has applied for a Specific Use Permit (SUP) to allow a building no more than 46 feet in height on approximately 1.57-acres, within the Mixed-Use Neighborhood (MN) zoning district and use classification, as described in Exhibit “A“ (hereinafter, “the Property”); and WHEREAS, on November 18, 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 (7-0) of the requested SUP subject to the site plan, landscape plan, and building elevations attached as Exhibit B; and WHEREAS, on December 1, 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 have 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 a building no more than 46 feet in height on the Property as shown on the site plan, landscape plan, and building elevations attached and incorporated herein as Exhibit “B,” is hereby approved, subject to the following conditions: 1 The attached site plan, landscape plan, and building elevations reflect an intent to comply with the DDC requirements for parking, street trees, minimum landscape and tree canopy areas, open space, landscape screening, and building design, with administrative approval of alternative landscape elements permitted in accordance with the DDC. 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 landscape plan in terms of location of required landscape elements and open space, number of trees, and minimum landscape and tree canopy percentages, as well as all elements of the DDC. Minor alterations to the location and number of doors, windows, and architectural features may be approved by City staff, provided the final design complies with the attached elevations in terms of overall mass and form, as well as with all building and other applicable standards of the DDC. 2.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, the attached landscape plan, the attached elevations, and the elements described in condition 3 below, including those referenced in condition 1 3. The attached site plan, landscape plan, and building elevations 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 a-d, with the exception of the number of buildings, provided all applicable requirements of the DDC are met. a. One (1) building is indicated, with a building footprint area specified at 10,435 square feet. b. Forty (40) dwelling units are specified. c. Seventy-five (75) parking spaces are required for the multi-family development 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 the DDC and within the range of staff approvability. d. The site plan specifies a 15% maximum building coverage. e. The maximum height of the building shall not exceed forty-six (46) feet. 4. The zoning map shall reflect the Specific Use Permit on the property consistent with the 2019 Denton Development Code. SECTION 3. 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 4. 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 5. 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 6. 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 7. 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 8. 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. The motion to approve this ordinance was made by --Jo\,\r\ it ]cbn and seconded t)yar ; the ordinance was passed and approved bythe following vote [b - a : Aye Nay Abstain Absent /Chris Watts, Mayor: Birdia Johnson, District 1 :,/- ,/ ./‘ Keely G. Briggs, District 2: Jesse Davis, District 3 : John Ryan, District 4:V- ,/ ,/ Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the \ 8}day of k) c m 2020 By: Interim Mayor Pro Tem Jesse Davis Page 3 of 4 ATTEST: ROSA RIOS, CITY SECRETARY og+ a APPROWD AS TO LEGAL FORM AARON LEAL. CITY ATTORNEY Page 4 of 4 EXHIBIT A LEGAL DESCRIPTION QUINCY COURT LOT 1, BLOCK A Exhibit B 169.5' X 62.75' (10,435 SF) 45'-3" FT MAX HEIGHT 40 UNITS FF = 662.50' MULTI-FAMILY APARTMENT 1 1 TRASH ENCLOSURE BUFFER 1 1 SYMBOL DESCRIPTION QTY MOWSTRIP - 6" concrete mowstrip SYMBOL DESCRIPTION QTY TURF GRASS - Install Tif-419 Bermuda sod.10,585 sf PLANTER BEDS/STORMWATER BASIN - Install 4-inch depth of tan colored crushed rock (1" minus 12,351 sf in size) with Dewitt Pro-5 weed barrier beneath. 1 LEGEND TREES CODE QTY BOTANICAL / COMMON NAME CONT CAL LR 2 Lagerstroemia indica `Raspberry Sundae` / Raspberry Sundae Crape Myrtle B & B 2" LSA 10 Liquidambar styraciflua / American Sweet Gum B & B 2" QR 3 Quercus virginiana / Live Oak B & B 2" QC 9 Quercus virginiana `Cathedral` / Cathedral Live Oak B & B 2" UC 4 Ulmus crassifolia / Cedar Elm B & B 2" UP 5 Ulmus parvifolia / Lacebark Elm B & B 3" SHRUBS CODE QTY BOTANICAL / COMMON NAME CONT AG 5 Abelia x grandiflora / Glossy Abelia 5 gal. CT 35 Chaenomeles x superba `Texas Scarlet` / Flowering Quince 5 gal. IN 17 Ilex vomitoria `Nana` / Dwarf Yaupon 5 gal. NH 33 Nandina domestica `Harbour Dwarf` / Dwarf Heavenly Bamboo 5 gal. SN2 35 Santolina chamaecyparissus `Nana` / Lavender Cotton 5 gal. GRASSES CODE QTY BOTANICAL / COMMON NAME CONT SL 57 Schizachyrium scoparium / Little Bluestem Grass 1 gal. PERENNIALS CODE QTY BOTANICAL / COMMON NAME CONT CI 18 Castilleja indivisa / Texas Paintbrush 1 gal. CL 41 Coreopsis lanceolata `Early Sunrise` / Lanceleaf Tickseed 1 gal. GP 54 Gaillardia pulchella / Firewheel 1 gal. LT2 19 Lupinus texensis / Texas Lupine 1 gal OS 6 Oenothera speciosa / Pink Evening Primrose 1 gal. PLANT SCHEDULE L-101 'EXHIBIT M' LANDSCAPE PLAN COPYRIGHT DESIGN WEST ARCHITECTSc ISSUED: CHECKED BY: DRAWN BY: PROJECT #:MARK:DATE:DESCRIPTION:350 SOUTH 400 EAST SUITE 304 SLC, UT 84111255 SOUTH 300 WEST LOGAN UT 84321QUINCY COURT APARTMENTSSTUART ROAD & LOOP 288, DENTON, TX 76209SUMMA TERRA VENTURESSPRINGVILLE, UTAH10/07/2020 NOT FOR CONSTRUCTIONHISLOP S20-0007 LOOP 288 ALTHOUSE NORTH ·SITE DOES NOT CONTAIN ANY TREES LARGER THAN 6" DBH THAT NEED TO BE PROTECTED ·SITE TO HAVE A FULLY OPERATIONAL IRRIGATION SYSTEM INSTALLED IN ALL PLANTING AREAS BEFORE COMPLETION OF PROJECT. ·PLANNING DEPARTMENT-APPROVED ALTERNATIVE LANDSCAPE PLAN INCLUDES THE FOLLOWING: ··LANDSCAPE BUFFERS ARE NOT REQUIRED FOR THIS SITE; DRAINAGE EASEMENT RUNS THE LENGTH OF EAST AND SOUTH BOUNDARY. ··STREET TREES ALONG STUART ROAD AND LOOP 288 MOVED MORE THAN 10' AWAY FROM ROW DUE TO THE NEED TO KEEP TREES OUT OF THE PUBLIC UTILITY EASEMENT. NOTES STUART ROAD0 SCALE: feet204060 1" = 20' LANDSCAPE REQUIREMENTS EL. 100'-0" FINISH FLOOR LINE EL. 153'-0" PARAPET CAP LINE EL. 113'-7" SECOND FLOOR LINE EL. 124'-2" THIRD FLOOR LINE EL. 134'-9" FOURTH FLOOR LINE EL. 146'-0" ROOF LINE EL. 100'-0" FINISH FLOOR LINE EL. 113'-7" SECOND FLOOR LINE EL. 124'-2" THIRD FLOOR LINE EL. 134'-9" FOURTH FLOOR LINE EL. 146'-0" ROOF LINE EL. 153'-0" PARAPET CAP LINE BRICK VANEER CEMENT BOARD PANEL STUCCO METAL PANELS EXTERIOR MATERIALS 12'-1"1'-6"9'-1"1'-6"9'-1"1'-6"9'-1"2'-2"EL. 46'-0" ROOF FRAMING 13'-7"10'-7"10'-7"11'-3"SLOPE H/W = 24" / 36"Allplan 2020Denton, TexasStuart RD & S.H. Loop 288Quincy Court ApartmentsNOT FOR REGULATORY,APPROVAL, PERMITTING,OR CONSTRUCTION SHEET NO. A2021 Type Date 02 Type Date 01 (972) 242 - 10157 5 0 0 6CARROLLTON, TEXAS1430 S BROADWAY STREET 401 WRIGHT GROUP ARCHITECTS - PLANNERS, PLLC JOB NO.DATE:11/23/2020PRINT DATEA- © WRIGHT GROUP Architects-Planners, PLLC, 2020 CITY PROJECT NUMBERS20-0007 SCALE: 1/8"=1'-0" SCALE: 1/8"=1'-0" NORTH WEST PERSPECTIVE SCALE: 3/16"=1'-0" EXTERIOR WALL SECTION NORTH ELEVATION WEST ELEVATION EL. 100'-0" FINISH FLOOR LINE EL. 113'-7" SECOND FLOOR LINE EL. 124'-2" THIRD FLOOR LINE EL. 134'-9" FOURTH FLOOR LINE EL. 146'-0" ROOF LINE EL. 153'-0" PARAPET CAP LINE BRICK VANEER CEMENT BOARD PANEL STUCCO METAL PANELS EXTERIOR MATERIALS 12'-1"1'-6"9'-1"1'-6"9'-1"1'-6"9'-1"2'-2"EL. 46'-0" ROOF FRAMING 13'-7"10'-7"10'-7"11'-3"SLOPE EL. 100'-0" FINISH FLOOR LINE EL. 153'-0" PARAPET CAP LINE EL. 113'-7" SECOND FLOOR LINE EL. 124'-2" THIRD FLOOR LINE EL. 134'-9" FOURTH FLOOR LINE EL. 146'-0" ROOF LINE SCALE: 1/8"=1'-0" SCALE: 1/8"=1'-0" SCALE: 3/16"=1'-0" EXTERIOR WALL SECTION SOUTH ELEVATION SOUTH EAST PERSPECTIVE CITY PROJECT NUMBERS20-0007 EAST ELEVATION Denton, TexasStuart RD & S.H. Loop 288Quincy Court ApartmentsNOT FOR REGULATORY,APPROVAL, PERMITTING,OR CONSTRUCTION SHEET NO. A2021 Type Date 02 Type Date 01 (972) 242 - 10157 5 0 0 6CARROLLTON, TEXAS1430 S BROADWAY STREET 402 WRIGHT GROUP ARCHITECTS - PLANNERS, PLLC JOB NO.DATE:11/23/2020PRINT DATEA- © WRIGHT GROUP Architects-Planners, PLLC, 2020