S20-0008bORDINANCE NO. S20-OO08b
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT TO ALLOW FOR A MULTI-FAMILY DWELLING USE ON APPROXHVIATELY
16.106 ACRES OF LAND, GENERALLY LOCATED ON THE SOUTH SIDE OF EAST
MCKINNEY STREET, APPROXIMATELY 530 FEET EAST OF THE INTERSECTION OF
MAYHILL ROAD AND EAST MCKINNEY STREET IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY’S OFFICLAL ZONING
MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE. (S20-OO08b, LEGACY MULTIFAMILY)
WHEREAS, Kimley-Horn and Associates, Inc., on behalf of the property owner,
Denton/LMD, LLC, has applied for a Specific Use Permit (“SUP”) to allow for a multi-family
residential use on approximately 16.106 acres, within the Residential 7 (R7) zoning district and
use classification, as described and shown in Exhibit “A“ (hereinafter, “the Property”); and
WHEREAS, on April 7, 2021, the Planning and Zoning Commission, in compliance with
the laws of the State of Texas, 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
[7-0] of the requested SUP subject to the site plan, landscape plan, and elevations attached as
Exhibit B; and
WHEREAS, on May 4, 2021, 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 (“DDC”), and is consistent
with the Denton Plan and the DDC; and
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”, the Landscape Plan attached and
incorporated herein as Exhibit “C”, and the Building Elevations attached and incorporated herein
as Exhibit “D”, is hereby approved, subject to the use-specific standards of the DDC, as amended,
and the following conditions:
A.
B
The developer shall develop with City of Denton staff a coordinated plan for connection to
the future developed trails to the south.
Landscaping. Landscaping in the attached Landscaping 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 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 of the DDC, as amended.
Zoning Map. The zoning map shall reflect the Specific Use Permit on the Property
consistent with the DDC.
Notwithstanding the limited administrative approvals authorized in Subsection 2. A and
Section 4 of this ordinance, the City may in its discretion require approval by ordinance of
any amendments to the SUP, the Site Plan, the Landscape Plan, or the Building Elevations,
including those referenced in Subsection 2.A and Section 4 of this ordinance.
C.
D.
SECTION 3. The multi-family residential use allowed by the SUP on the Property,
depicted on the Site Plan, Landscape Plan, and Building Elevations, requires the following
elements, which are hereby incorporated into this ordinance:
A.
B.
C.
D.
E.
F.
Dwelling units: 264 one-, two-, and three-bedroom units in six three-story buildings
( 115,014 square feet of building footprint).
Gathering and recreation areas: An indoor fitness center and business/computer center,
pavilion with outdoor grilling areas, an outdoor pool, and pedestrian and bicycle pathways.
Other open space areas: An enclosed dog park, courtyard with butterfly gardens, and
other open space areas encompassing 21 % of the land area.
Parking: 519 total vehicular spaces – including 10 electric vehicle charging stations – and
28 bicycle spaces.
Access: Two driveway connections to McKinney Street; the western driveway is a full-
access driveway and the eastern driveway will allow exit-only traffic from the Property.
Design : Buildings elevations feature an earth-toned color palette with balconies or ground-
floor patios on all units, decorative sconces at primary entrances, and building orientations
towards McKinney Street or around a central gathering area.
SECTION 4. Administrative Modifications. The Development Services Director or
designee may administratively approve the following modifications:
A.
B.
C.
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.
Increases of 5% or less of any of the amounts specified in Subsection 3. A and 3.CDf this
ordinance, provided all applicable requirements of the DDC are met.
The applicant may increase the number of buildings, provided that the number of units
and building footprint remains the same, subject to the discretionary allowances provided
in Subsection 4.A and 4.B.
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 issued to the entity named above runs with the land, and is assignable
and transferable to subsequent owners of the Property.
Page 2 of 4
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 Property in some manner other than as authorized by the DDC, City of Denton
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 the City of 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
seconded by
the following vote L - eN
,d, by=ho\ W\e\t2-K ,„d
; the ordinance was passed and approved by
m
@ LNJar Abstain Absent
Gerard Hudspeth, Mayor:
Birdia Johnson, District 1 :
Connie Baker, District 2:
Jesse Davis, District 3 :
John Ryan, District 4:,/
34
/
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the LU day of 202 1
aEiTiFROb3nii:MIT–oR
ATTEST:
ROSA RiOS, CITY SECRETARY
L\111111 III
B IIrr : J& BRu12=APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Digitally signed by Mack
.„: M„£r*.JFH'.*:‘
Page 4 of 4
EXHIBIT "A"
BEING a 16.1059 acre tract of land situated in the Moreau Forest Survey, Abstract No. 417, City
of Denton, Denton County, Texas; said tract being all of that tract of land described in Special
Warranty Deed to Baylor University recorded in Instrument No. 2012-147583 of the Official
Public Records of Denton County, Texas; said tract being more particularly described as
follows
BEGINNING at a 5/8-inch iron rod with “KHA- cap set in the south right-of-way line of E
McKinney Street (a variable width right-of-way); said point being in a curve to the right having a
central angle of 3'12'37", a radius of 1 1 ,405.16 feet, a chord bearing and distance of South
73'15'35" East, 638.97 feet;
THENCE in a southeasterly direction along the said south line of E McKinney Street and with
said curve to the right, an arc distance of 639.05 feet to a 5/8-inch iron rod with ”KHA- cap set
for corner;
THENCE South 2'34'12" West, departing the said south line of E McKinney Street and along
the east line of said Baylor University tract, a distance of 1 ,289.48 feet to a 5/8-inch iron rod with
“KHA" cap set for corner in the north line of that tract of land described in Cash Warranty Deed
to the City of Denton recorded in Instrument No. 97-19639 of said Official Public Records; from
said point a 1/2-inch iron rod found in the said north line of the City of Denton tract bears South
69'47'10" East, a distance of 82.13 feet;
THENCE North 69'47'10" West, along the north line of said City of Denton tract, a distance of
169.33 feet to a 1/2-inch iron rod with "1849" cap found for corner;
THENCE North 56'19'30" West, continuing along the north line of said City of Denton tract, a
distance of 195.33 feet to a 1/2-inch iron rod with “1849" cap found for corner; said point being
the southeast corner of a 0.294 acre tract of land described as Tract 2 in Deed Without
Warranty to the City of Denton, Texas recorded in Instrument No. 03-99478 of said Official
Public Records;
THENCE North 25'01'51" West, along the northeast line of said 0.294 acre tract, a distance of
428.75 feet to a point for corner; said point being the southeast corner of Lot 1, Block 1, DPS
Denton Mayhill, an addition to the City of Denton according to the plat recorded in Instrument
No. 2020.323 of said Official Public Records;
THENCE along the east line of said Lot 1, the following three (3) calls:
North 9'04'51" West, a distance of 59.94 feet to .a point for corner;
North 33'58'11" West, a distance of 134.65 feet to a 5/8-inch iron rod with -KHA" cap set
for corner;
North 2'34'12" East. a distance of 746.82 feet to the POINT OF BEGINNING and
containing 16.1059 acres or 701,574 square feet of land,more or less
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