Loading...
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