Loading...
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 S20-0008 Site Location ;1 a -f tJ Un+ !!:0 6 n td IT+ bR SITE Parcels AaIAIFMDENTON Development Services M Roads t g gP b8 g S ES = -1 :: ! gI a( an = 6Z£ g B .//g/ nIH ItB g= dR & Eg BR ! ! ! i ; i ! ! ! ; i ! ! iii : I i;I ii b . in Bsd E ! ! ! ! ! : i 7 i ;1 PH Kimley9Hon1 HAEna1:===== ENGINEER DEVELOPEi SITE PLAN £ OWNER ii i EIODGES r)-;iM:yKIEri=/aD M n, LANDSCAPE PLAN LPa.01 HOOF. 4 U PnCH NP LINE- I LIL-JIII fI EU]ii Fil –[T- CFB 24' - 5 r/z'1?- 9 1/a' r:\ BUILDING 1 - EAST McKINNEY STREET . CONCEPTUAL ELEVATION mi ARjA 3.062 tF 5.348 S F 28%OOOR/WINDOW• Z.0815.F 7.429 tF AT L£A£l ZU OOOR / WIMOOW or AX£A WAU KEQUlq£D HOIaII EUVATUtS StIOW TIe ChXXhCf£R OI THt BUILDIWG DESIGN, THE DESIGN MAY BE MODIFIED. eur WILI REMtAN IN THe SAME DeSIGN CHAM(rEn ELEVATION CALCULATIONS H . PAWT ISOFFH mo sRna!:l LEGACY IN DENTON TtFEm6T-T-Ann ELEVATIONS $HHGtE ROOF. 4:12 HIGH WP. r:\ BUILDING 2 - EAST McKINNEY STREET - CONCEPTUAL ELEVATION \al PEBCENT]Hei AREA MASONRY 1.792 4.Z06 S F DOOR/WINDOW• 1.3665.F 5572 tF AT LEASr ISS DOOR / WINDOW Of AREA WALI CHAx+a£x Ot THI MAY BE MODIFIED. ELEVATION CALCULATIONS I FTFI:"Fllllll SW 9132 . ACACIA HAZE !:il,-=,. .i! LIt'\ nk L_n' ,'+LB:: II_ !I={}h:c ;; } HE= II mTanen LEGACY IN DENTON ELEVATIONS mr no –TAn-B crB SIDIKG fr CFB SIDING ISO tS' - 5 UT IS' . S 1/r IT - 9 UTB' . 2 1/r IT .g 1/r 15y . 4• 19' . 11 1/2- a\ CHANGE W [rrERloa WALL ELEVATION CALCULATIONS ooon/wlhoaw• 1.2165 S K–mlFILLI hIQTEI ELFVATIONS SHOW THE CHARACTER Of THE BULDING DeSIGN THE DESIGN MAY BE MODIFIED. BUT WILL REHIAN IH THr SAME DCSIGN CHARACTER h (IL i!+ \ T!IE+ IL 4 S1U ! ''tB Y\ R+ I , iII ::=\-.\'XL:.b .CL P L =+:i;!!iT e=: SW 9132 . ACACIA HAZE LEGACY IN DENTON ELEVATIONS r IBaalaaa r r + Afl:':Hi' E B F-n– '' –t11-M la . 10 vr 17 . S' a\ BUILDING 4 thru 6 - CONCEPTUAL ELEVATION 42q CHA#at 18 tx[tRlon WALL ELEVATION CALCULATIONS ::LiFEK:nw:TiEpIRIE BUILDT NG D(SIGN. THE DtSIGN MAY BE MannED. Btn WILL R[MIAN IN THE SAME DtStGN CnRRACHR b+ + k_n= K, L. ;, \ L .' by\ U: ICt: q - _\'XL1,I= L ; El ( \ ::: ( 4 L • ! ! !' I LEGACY IN DENTON RTmmT7bm ELEVATIOS ROOF. 4.12 PrrcH TVP II FII LBHnNG WP.22' _OF CFB SIDHG fP 3) a\ Building 7 - Club & Leasing - North Elevation ' Conceptual \C/ v8-•rar (?) : IIn 7 - Club & Leasing- East Elevation - Conceptual ELEVATION CALCULATIONS Mi MASONRY AREA mP 1 :::: ELEVATION CALCULATIONS HE iaASONR\ AnDq PERCENT aIIIII eLEVATIONS SHOW THE CHARACTER Of THE vaoR/WPiDOW REOLI J:;FUI REIn bUt £!£M=mFACFh WOR/wINoaw• 40SSF NOTT; £\£VATXns SHOW THC CHARACTtR OF THEriDiNG DESbGN !III;EU;gIIIIIIIII S&l . WOOOTONE BOARD • BArrEN Aau[ BRU - wtsraH[srER SCI:LtICd ,....__:L !J, _' -L ed . PAINT tgOIF[f / SW yO13 - 04RkRaou WW LEGACY IN DENTON mEM-nAn ELEVATIONS I m.„a,w„. 338 CFB gDtNG CP-3) @ Byjl?irq7 -Club & Leasing - West Elevation - ConceptualV 1/8-• HF ELEVATION CALCULATIONS aH HA WgEBE MASON ELEVATION CALCULATIONS aPE AREA PrRCprr MASon OOOR/WWWW QLHFmo ELFVATiONSSHawTHEOLARAatRaF TH rNli ::::=1 HE SAlIE £GHnAMO; HQTt; ELEVATIONS SHOW THE CHAM(FER OF THE nrr)n Nr)an REal FU Ill FUNG EsI;::i DOOR/wnDaw' 1625.F KHLKILR} ' -'t--' = t£4. \„.„ [ e :+T: ib==t=!; B TONE COBBLE lIRAI :-illin ,M.L L t .\][Lb -’-' {_ He m#H=R LEGACY IN DENTON mp HI iMfII