S21-0004a DENIEDORDINANCE NO. S21 -0004a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR AN INCREASE IN BUILDING HEIGHT, FROM 40 FEET TO 60 FEET, FOR A
PROPOSED MULTI -FAMILY DEVELOPMENT ON APPROXIMATELY 7.61 ACRES OF
LAND ZONED MIXED USE NEIGHBORHOOD (MN) DISTRICT, GENERALLY LOCATED
ON THE SOUTH SIDE OF INTERSTATE HIGHWAY 35 EAST, APPROXIMATELY 1,500
FEET SOUTH OF LILLIAN B MILLER PARKWAY IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY'S OFFICIAL ZONING
MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOI 11111101h9l 000.00 FOR
VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY A EFF E DATE.
(S21 -0004a, Millennium Crest)
owner, Tyche Income Fund, LLC, for a Specific U
building height from 40 feet to 60 feet for a proposed
acres within the Mixed -Use Neighborhood (MN) 2
described and depicted in Exhibit "A" (hereinafter, t.
WHEREAS, on August 4, 2021, the fla
the laws of the State of Texas, have givenlow
have held due hearings and afforded full andq
regard, and voted (4-2) to postpone the public
outreach and site design cons idee
WHEREAS, on
with the laws of the Sta
and have held due heA
this regard, and ha'q
landscape plan, and
crease in
ately 7.61
ation, legally
in compliance with
and otherwise, and
rIFerty owners interested in this
ly in order for additional public
Platt and Zoning Commission, in compliance
the requisite notices by publication and otherwise,
d fair hearings to all property owners interested in
) of the requested SUP subject to the site plan,
19 1, the City Council likewise conducted a public hearing
the request meets and complies with all substantive and
in ection 2.5.2 of the Denton Development Code, and is consistent
Denton Development Code; and
W S, City Council of the City of Denton have determined that it will be
beneficial to d its citizens to grant the SUP; and such grant will not be detrimental to the
health, safety, m Is, 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 increased building height up to a maximum of 60 feet for
the proposed 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:
1. The attached Site Plan and Landscape Plan reflect an intent to comply with the 2019
Denton Development Code, as amended (DDC), requirements for parking, street trees,
minimum landscape and tree canopy areas, open space, and landscape screening, 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, a omplies with
the attached landscape plan in terms of location of requir ndscap ents and
open space, number of trees, and minimum landscape a e canopy pe ages, as
well as all elements of the DDC.
Notwithstanding the limited administrative
City reserves the right to require approv
alterations to the SUP, the attached site
elements described in condition 3 below, in
The attached site plan and landscape
Staff shall have the ability to ap&
amounts specified in re
provided all applicable
i co n 1, the
dments or
pian, and the
in condition 1.
uirements of the SUP.
of up to 5% of any of the
of the number of buildings,
with a total building area specified at
(234) dwelling units are specified.
(3 83) parking spaces are proposed for the multi -
)n the site plan. Parking may shift slightly to
nit mixture but shall be in accordance with the
and within the range of staff approvability.
I% maximum building coverage.
height of the building shall not exceed sixty (60) feet.
shall reflect the Specific Use Permit on the property consistent with
SECTION 3. Failure to Comoly. 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 this 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
Page 2 of 4
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 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 sh ct the validity
of the provisions or applications, and to this end the provisions of this ance erable.
SECTION 7. Penalty. Any person, firm, entity or corpora iolating any p sion of
this ordinance shall, upon conviction, be fined a sum not exce 'ng .00 for eac olation.
Each day that a provision of this ordinance is violated s onstitut arate distinct
offense. The penal provisions imposed under this ordina all not reclu turn filing
suit to enjoin the violation and it retains all legal ria d reme availab under local,
state and federal law.
SECTION 8. In compliance with
shall become effective fourteen (14) days,
hereby directed to cause the caption of this
Chronicle, a daily newspaper published in
date of its passage.
the following vote
Deb Armintor, At
Paul Meltzer, At Large PIace 6:
PASSED AND APPROVED this the
Page 3 of 4
Dent anter, this ordinance
nd the City Secretary is
is ice in the Denton Record -
Texas, within ten (10) days of the
and
the ordinance was passed and approved by
Abstain Absent
day of , 2021.
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
AN
MA
BY
GERARD HUDSPETH, MAYOR
Page 4 of 4
Exhibit A
Property Survey and Legal Description
Exhibit B
Site Plan, Landscape Plan, and Elevations