S20-0009aS20-0009aORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, APPROVING A SPECIFIC USE PERMIT TOALLOW FOR A TOWNHOME USE ON APPROXIMATELY 8.382 ACRES OF LAND,GENERALLY LOCATED WEST OF MAYHILL ROAD AND APPROXIMATELY 825 FEET
SOUTH OF THE INTERSECTION OF MAYHILL ROAD AND PROMINENCE PARKWAY,IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTYIN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (S20-0009a)
WHEREAS, Chase Finch with Corwin Engineering, on behalf of the property owner
Harlan Properties, has applied for a new Specific Use Permit (“SUP”) to allow for a Townhome
use on an approximately 8.382-acre site, within the Residential 4 (R4) zoning district and use
classification, as shown and described in Exhibit “A” (hereinafter, “the Property”); and
WHEREAS, on March 23, 2022, the Planning and Zoning Commission, in compliance
with the laws of the State of Texas, having given the requisite notices by publication and otherwise,
and having afforded full and fair hearings and to all property owners interested in this regard, has
recommended approval 7-0 of the requested SUP, subject to conditions; and
WHEREAS, on April 19, 2022, the City Council likewise conducted a public hearing as
required by law to consider the SUP request. Upon consideration, the City Council hereby finds
that the request is consistent with the Denton Plan and federal, state, and local law, and that the
Applicant has agreed to comply with all provisions of the Denton Development Code (“DDC”),
and has further agreed to comply with the additional restrictions and conditions set forth herein;and
WHEREAS, the City Council has determined that it will be beneficial to Denton and its
citizens to grant the SUP; that such grant will not be detrimental to the public welfare, safety, or
health; that proposed permit, as conditioned below, satisfies criteria set forth in Sections 2.4.5E
and 2.5.2D of the Denton Development Code; and that the SUP should be granted; NOWTHEREFORE,
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 Townhome use on the Property as shown on the site
plan and landscape plan attached and incorporated herein as Exhibit “B” and Exhibit “C,” is
hereby approved, with the following conditions:
1 The attached preliminary site plan and landscape plan reflects an intent to comply with the
DDC requirements for parking, street trees, minimum landscape and tree canopy areas,
open space, recreation space, and compatibility buffers, with administrative approval of
alternative buffer elements permitted in accordance with the DDC. Minor alterations to
the depicted locations of individual plantings may be approved by City staff, provided that
1
the final landscaping, as planted, complies with the attached landscape plan in terms of
buffer and open space locations, as well as all elements of the DDC. Staff shall have the
ability to approve an increase or decrease of up to 5% of any of the amounts.
2. Notwithstanding the limited administrative approvals authorized in condition 1, the City
reserves the right to require approval by ordinance of any amendments to the SUP, the
attached site plan, the attached landscape plan.
SECTION 4. 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 is issued to the entity named above runs with the land and is assignable
and transferable to subsequent owners of the Property.
SECTION 5. 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 Denton Development Code.
SECTION 6. 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 theDenton’s Codes of Ordinances and this Ordinance.
SECTION 7. 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 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 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.
Th, m,ti,„ t, ,pp„„, thi, „di.,„,, w„ m,d, by B finn &Z L and
seconded by ViCe( %rd , the ord bythe following vote [2 -
2
Aye
V’
Nay Abstain Absent
tierarcl Huclspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Jessie Davis. District 3 :
Alison Maguire, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED thi, th, \ q-h d,y ,f
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&B/gPGERARD HUDSPETH MAYOR
:OSA RIOS. CITY SECRETARY
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bACK REIN'GrAND. CI{{-ATHNEY
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EXHIBIT A
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WHEREAS, HARLAN PROPERTIES, is the owner of a tract of land situated in the William
Lloyd Survey, Abstract No.774, and the M.E.P. & P.R.R. Survey, Abstract No. 1469, in the City
of Denton, Denton County, Texas, being part of a 17.91 acre tract, as described in Clerks FileNo. 2013-80295 in the Deed Records of Denton County, Texas, and being more particularlydescribed as follows:
BEGINNING, at a 1/2 inch iron rod found at the most southerly southwest corner of said 17.91
acre tract;
THENCE, North 01 '’27’10" East, along the west line of aid 17.91 acre tract, for a distance of
521.71 feet, to a 1/2 inch iron rod found stamped "5312";
THENCE, North OO'’41'20" East, continuing along said west line, for a distance of 77.15 feet, to
a 1/2 inch iron rod found stamped “5312";
THENCE, North 90'’OO'OO" West, continuing along said west line, for a distance of 79.84 feet, to
a 1/2 inch iron rod stamped "5312", at the most southerly southeast comer of Prominence Square
Phase 1, an addition to the City of Denton, as described in Vol. W, Pgs. 424-425 in said PlatRecords;
THENCE, North 35'’30'4 1 " East, continuing along said west line and with the east line of saidProminence
Square Phase I, for a distance of 85.44 feet, to a 1/2 inch iron rod found on a non-tangent curveto the
right having a radius of 325.00 feet, a central angle of 04'’43'37";
THENCE, continuing along said east and west lines and with said curve to the right for an arcdistance
of 26.81 feet (Chord Bearing South 52'’07'31" East - 26.81 feet), to a 1/2 inch iron rod found;
THENCE, North 40'’14'18" East, continuing along said lines, for a distance of 50.00 feet, to a 1/2inch
iron rod found on a curve to the left, having a radius of 227.00 feet, a central angle of38'46’44”;
THENCE, departing said lines and with said curve to the left for an arc distance of 153.64 feet
(Chord Bearing South 70'’38’49” East – 150.72 feet), to a % inch iron rod set at the point of
tangency;
THENCE, North 89'’57’49” East, for a distance of 233.61 feet, to a % inch iron rod set;
THENCE, North 44'’57’49” East, for a distance of 14.14 feet, to a 1/2 inch iron rod set;
4
THENCE, North 00'’00’00” West, for a distance of 100.00 feet, to a % inch iron rod set in the
south line of Prominence Square Phase I;
THENCE, North 89'’57’49” East, along the south line of said Prominence Square Phase I, for adistance of 50.00 feet, to a % inch iron rod found;
THENCE, South 00'’02’ 1 1” East, departing said south line, for a distance of 128.34 feet, to a %
inch iron rod set at the point of curvature of a curve to the right, having a radius of 50.00 feet, a
central angle of 26'’ 16’59”;
THENCE, along said curve to the right for an arc distance of 22.94 feet (Chord Bearing South
13'06’ 18” West – 22.74 feet), to a % inch iron rod set;
THENCE, North 89'’57’49” East, for a distance of 105.66 feet, to a % inch iron rod set in the east
line of said 17.91 acre tract and being in the west line of Mayhill Road (Variable R.O. W.), asdescribed in
Clerks File No. 2013-71351 in said Deed Records;
THENCE, South 02'’33'29" West, along the east line of said 17.91 acre tract and with said west
line ofMayhill Road, for a distance of 273.29 feet, to a 1/2 inch iron rod found at the point of
curvature of a curve to the left, having a radius of 10067.50 feet, a central angle of 00'’50'52";
THENCE, continuing along said east and west lines for an arc distance of 148.97 feet (Chord
Bearing South 02'’08'03" West - 148.97 feet), to a 1/2 inch iron rod found at the point of
tangency;
THENCE, South 01 '’42’37" West, continuing along said lines, for a distance of 186.78 feet, to a
1/2 inch iron rod found stamped "KAZ" at the southeast corner of said 17.91 acre tract;
THENCE, North 89'’05’16" West, departing said west line of Mayhill Road and along the south
line of said 17.91 acre tract, for a distance of 550.53 feet, to the POINT OF BEGINNING and
containing 8.382 acres of land.
EXHIBIT B
Site Plan
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EXHIBIT C
Landscape Plan
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