S21-0001cORDINANCE NO. S21 -0001c
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT TO ALLOW FOR A MULTI -FAMILY DWELLING USE ON APPROXIMATELY
9.92 ACRES OF LAND, GENERALLY LOCATED ON THE EAST SIDE OF LOOP 288,
APPROXIMATELY 300 FEET SOUTH OF E MCKINNEY STREET 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 AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE. (S21-0001 c, PEBBLEBROOK PARKSIDE)
WHEREAS, 97 Land Company LLC, on behalf of the property owner, has applied for a
Specific Use Permit ("SUP") to allow for a multi -family residential use on approximately 9.92
acres, within the Suburban Corridor (SC) zoning district and use classification, as described and
shown in Exhibit "A" (hereinafter, "the Property"); and
WHEREAS, on August 18, 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 [3-2] of the requested SUP subject to the site plan, landscape plan, and elevations attached
as Exhibit B; and
WHEREAS, on October 19, 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. Landscaping in the attached plan reflects an intent to comply with the 2019 Denton
Development Code 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, and mature tree canopy, as well as all elements of
the 2019 Denton Development Code.
B. Alternative ESA. An approved Alternative Environmentally Sensitive Area (ESA) Plan
will be required to support the approved site plan if a determination is made during the
review of civil engineering plans that development activities will encroach into the
Riparian Buffer and/or Floodplain ESA.
C. ESA Protection. Open spaces that have been set aside for active and passive recreation and
are located adjacent to Environmentally Sensitive Areas (ESA) shall incorporate
permanent signs designed to promote the benefits of preserving ESAs. Signs shall include
appropriate information as indicated in Subchapter 6.3.6 of the City of Denton's ESA
Primer.
D. Trail Connectivity. The developer shall coordinate with the City of Denton's Parks
Department to identify the location of a future trail connection on the civil engineering
plans from the subject site to the Pebblebrook Open Space, located to the south of the
development.
E. Traffic SigLial. The developer shall prepare and submit a proportionality assessment to
the City Engineer for the cost of the traffic signal design required at the intersection of
Duchess Drive and South Loop 288. The developer shall pay the cost for such
improvements prior to the issuance of any building permits in an amount that does not
exceed the rough proportionality to the impacts of the proposed development.
F. Amenities. The developer shall provide an enclosed dog park within the site for residents
of this development.
G. Zoning Map. The zoning map shall reflect the Specific Use Permit on the Property
consistent with the DDC.
H. 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.
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. Dwelling units: 216 one-, two-, and three-bedroom units in six (6) three- and four-story
buildings and one clubhouse building (76,379 cumulative square feet of building footprint).
Per the proposed conditions of approval, the applicant may increase the number of
buildings, provided that the number of units and building footprint remains the same.
B. Central gathering areas: Clubhouse with indoor fitness and business/computer center and
a centralized gathering area that includes outdoor grilling and picnic areas, gated outdoor
pool, children's playscape, gazebo, and an outdoor recreational area on approximately 0.3
acres.
C. Open Space: Open space areas set aside for active and passive recreation, adjacent to
Environmentally Sensitive Areas encompassing approximately 17% (71,874 square feet)
of the land area.
D. Parking: 300 total vehicular spaces and I I i bicycle spaces. Required parking includes
parking reductions granted in accordance with DDC Section 7.9.5E and Section 7.7.4M.5.
Page 2 of 5
E. Access and Perimeter Improvements: Two driveway connections to South Loop 288,
fire access along Loop 288, and 12 -foot wide path along Loop 288. The southern driveway
will be a full -access driveway, and the northern driveway will allow for limited access,
which includes right -in and right -out turning movements and a hooded left turn into the
development; two 45' rollback curbs, grass pavers and reinforced concrete will be included
along the eastern right-of-way of South Loop 288 to allow for sufficient aerial fire access
to the four-story building; a wider sidewalk of 12 -feet is proposed along South Loop 288
to accommodate safe pedestrian and bicycle traffic.
F. Building Design: Buildings elevations feature a light, neutral -toned color palette with
balconies or ground -floor patios on all units, decorative sconces and ornamental awnings
at primary entrances, and building orientations towards South Loop 288 or around the
central gathering area.
SECTION 4. Administrative Modifications. The Development Services Director or
designee may administratively approve the following modifications:
A. 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.
B. Increases of 5% or less of any of the amounts specified in Subsections 3.A -D of this
ordinance, provided all applicable requirements of the DDC are met.
C. 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.
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.
Page 3 of 5
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.
The motion to approve this ordinance was made b
by ArN!5an tYMO,q Vi C 9— the
following vote � -
Aye
Gerard Hudspeth, Mayor: .�
Vicki Byrd, District 1:
Brian Beck, District 2:
Jesse Davis, District 3: f
Alison Maguire, District 4: Z
Deb Armintor, At Large Place 5: Ir
Paul Meltzer, At Large Place 6:
y ,Ye 5e- i S and seconded
ordnance was passed and approved by the
Nay Abstain Absent
PASSED AND APPROVED this, the 19"�hday of 0G+-0 bZ( , 2021.
GERARffHUbSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
ot1011If I!lo
BY: _ JG Gy�4�t l�illly 1 � \` •'�...*...����'Y�///
Z
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11111110
Page 4of5
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Hilary Negron
2021.10.14
BY: 17:01:23 -05'00'
Page 5 of 5
Exhibit A
LEGAL DESCRIPTION
LAND SITUATED IN THE MEP AND PRR COMPANY SURVEY, ABSTRACT
NUMBER 927, IN THE CITY AND COUNTY OF DENTON, TEXAS, ALSO
BEING PART OF THAT CERTAIN SECOND TRACT OF LAND CONVEYED
BY DEED TO DELBERT T. CRUZE AS RECORDED IN VOLUME 416 PAGE 155
DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING ALL THAT CERTAIN
(CALLED) 991 ACRE TRACT OF LAND DESCRIBED IN DEED OF TRUST
FROM LOOP 288-DENTON JOINT VENTURES TO MICHAEL J. VAUGHN,
TRUSTEE AS RECORDED IN VOLUME 1545 PAGE 761 REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT SET 3/4" IRON PIPE WITH YELLOW "ES&S" CAP FOR
THE SOUTHWEST CORNER OF THIS HEREIN DESCRIBED TRACT AND IN
THE EAST RIGHT-OF-WAY (R.O.W.) LINE OF STATE HIGHWAY (S.H.)
LOOP 288 (120 -FOOT R.O.W.) AND A COMMON CORNER OF LOT 2, BLOCK
A OF THE FINAL PLAT, LOT 1 AND 2 BLOCK A, PEBBLE BROOK
ADDITION, AS RECORDED IN CABINET 0, PAGE 264, PLAT RECORDS,
DENTON COUNTY, TEXAS;
THENSE N 00°49'00'E, ALONG AND WITH COMMON BOUNDARY LINE OF
HEREIN DESCRIBED TRACT AND EAST R.O.W. LINE OF S.H. LOOP 288, A
DISTANCE OF 1,300.60 FEET TO A POINT FOR THE NORTHWEST CORNER
OF HEREIN DESCRIBED TRACT, ALSO BEING A COMMON CORNER OF LOT 1,
BLOCK A, FINAL PLAT, 7-11 LOOP 288, AS RECORDED IN CABINET R,
PAGE 32, PLAT RECORDS, DENTON COUNTY, TEXAS AND 6.5751 ACRE
TRACT DESCRIBED AS RECORDED IN DOCUMENT NUMBER 95-R0040144,
REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, FROM WHICH A
FOUND "X" MARKED IN CONCRETE SIDEWALK BEARS S 83°20'12"E A
DISTANCE OF 0.22 FEET;
THENCE ALONG AND WITH THE COMMON BOUNDARY LINE OF HEREIN
DESCRIBED TRACT AND SAID 6.5751 ACRE TRACT THE FOLLOWING 4
(FOUR) CALLS, S 42°27'50"E A DISTANCE OF 215.12 FEET TO A FOUND 518"
IRON ROD; S 25°26'27"E A DISTANCE OF 345.00 FEET TO A FOUND 518"
IRON ROD; S 62°41'28"E A DISTANCE OF 80.00 FEET TO A SET 314" IRON
PIPE WITH YELLOW "ES&S" CAP; S 37°40'03"E A DISTANCE OF 330.03 FEET
TO A FOUND 112" IRON ROD WITH A RED "KAZ" CAP IN THE WESTERLY
LINE OF SAID LOT 2, BLOCK A;
THENSE ALONG AND WITH COMMON BOUNDARY LINE OF HEREIN
DESCRIBED TRACT AND SAID LOT 2, BLOCK A THE FOLLOWING 3 (THREE)
CALLS, S 30050'25" W A DISTANCE OF 364.24 FEET TO A FOUND 518" IRON
ROD; ALONG A CURVE TO THE RIGHT WITH A CENTRAL ANGLE OF
60000'37" A RADIUS OF 450.00 FEET, AN ARC LENGTH OF 471.32 FEET,
WHOSE CHORD BEARS S 60°47'48"W A DISTANCE OF 450.07 FEET TO SET
314" IRON PIPE WITH YELLOW "ES&S" CAP; N 89°24'33"W A DISTANCE OF
5.14 FEET TO THE PLACE OF BEGINNING, AND CONTAINING 9.92 ACRES OF
LAND, MOR£ OR LESS.
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