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S22-0002e
ORDINANCE NO. S22-OO02e AN ORDINANCE OF THE CITY OF DENTON APPROvnqG A SPECIFIC USE PERMIT FORA MULTIFAMILY DWELLING USE ON APPROXMATELY 11.891 ACRES OF LAND,GENERALLY LOCATED ON THE EAST SIDE OF WOODROW LANE, APPROXIMATELY 1,365 FEET SOUTH OF EAST MCKINNEY STREET IN THE CITY OF DENTON, DENTONCOUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY’S OFFICIAL ZONINGMAP; PROVIDING FOR A PENALTY IN THE MAxnauM AMOUNT OF 82,000.oo FORVIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE (S22-0002e, Pathway Woodrow Multifamily) WHEREAS, Jonathan Hake with Cross Engineering, applied on behalf of the property owner, Tenano Realty, Inc, for a Specific Use Permit (SUP) for a proposed Multifamily Dwelling use on approximately 11.891 acres within the Suburban Corridor (SC) zoning district and use classification, legally described in Exhibit “A“ (hereinafter, the “Property“); and WHEREAS, on May 1 1, 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 held due hearings and afforded full and fair hearings to all property owners interested in this regard, recommended denial (4-3) of the requested SUP subject to the site plan, landscape plan, and elevations attached as Exhibit B; and WHEREAS, on May 25, 2022 the Planning and Zoning Commission voted [5-2] to reconsider the recommendation of denial of the requested SUP; and WHEREAS, on June 22, 2022, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, have given the requisite notices by publication and otherwise, and have held due hearings and afforded full and fair hearings to all property owners interested in this regard, and have recommended approval (4-2) of the requested SUP subject to the site plan, landscape plan, and elevations attached as Exhibit B; and WHEREAS, on June 28, 2022, 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, and is consistent with the Denton Plan and the Denton Development Code; and WHEREAS, the City Council of the City of Denton have 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 permit the proposed Multifamily Dwelling 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, as planted, complies with the attached landscape plan in terms of location of required landscape elements and open space, number of trees, and minimum landscape and tree canopy percentages, aswell as all elements of the DDC. 2. Notwithstanding the limited administrative approvals authorized in condition 1, the City reserves the right to require approval by ordinance of any amendments or alterations to the SUP, the attached site plan, the attached landscape plan, and the elements described in condition 3 below, including those referenced in condition 1. 3 . The attached site plan and landscape plan are incorporated as requirements of the SUP. Staff shall have the ability to approve an increase or decrease of up to 5% of any of the amounts specified in requirements a-c, with the exception of the number of buildings, provided all applicable requirements of the DDC are met. a. b. C. Six (6), three-story residential buildings and one (1) clubhouse building Two hundred and eighty-five (285) dwelling units. Four hundred and seventy-six (476) parking spaces are proposed for the multi- family development indicated on the site plan. Parking may shift to accommodate a change in the unit mixture but shall be in accordance with the requirements of the DDC and within the range of staff approvability. 4.The zoning map shall reflect the Specific Use Permit on the property consistent withthe DDC. 5. The project shall comply with Denton Development Code Section 7.7.4, TreePreservation . SECTION 3. 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 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 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/orthe 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 theDDC, 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 shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 7. 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 8. 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. „,,„d=yrr"tionVt2€Tvaudinance vv” nnat:hi„,„?:=h,LE#?pet:da:: the following vote lk - LI : Aye ,/ V Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1: Brian Beck. District 2:*/ Jesse Davis, District 3 :V/ \/a a Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED this the ag+h day ofIJw£_, 2022. dikFRmM ATTEST: ROSA RIOS, CITY SECRETARY n\\t 1111111DE&••e©ee •+ da APPROVED AS TO LEGAL FORM: MACK REHqWAND. CITY ATTORNEY w1h&\ 4/f \Atb y : ; ! J£FF293rq : : 0 6 : 3 3 BY: J v -05'OO' rON 1111111\ Exhibit A Legal Description II Page Pathway on Woodrow11.892 Acres Situated in the E. MorrIs Survey, Abstract No. 868 City of Denton, Denton County, Texas BEING a portion of a tract of land described by deed to Staff Realty, Inc, as recorded under Document Number 94-R0(X)6845, Deed Records of Denton County, Texas, (D.R.D.C.T.), the subject tract being more particularly described by metes and bounds as follows (bearings are based on State Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 1983 (NAD ’83)): COMMENCING at a 1/2 inch pipe found for the westernmost northwest corner of said of Staff Realty tract and the herein described tract; THENCE with the westernmost north line of the said Staff Realty tract, South 89 degrees, 30 minutes 40 seconds East, a distance of 15.03 feet to the POINT OF BEGINNING of the herein described tract; THENCE with the perimeter and to the corners of the said Staff Realty tract the following calls: 1. 2. 3. South 89 degrees 30 minutes 40 seconds East, a distance of 276.89 feet, to a 1 inch pipe found; North 02 degrees 13 minutes 21 seconds East, a distance of 308.36 feet to a 1/2 inch pipefound; North 89 degrees 27 minutes 46 seconds East, a distance of 757.01 feet, to a 1/2 inch rebar with pink cap stamped “BARTON CHAPA" set (hereinafter “capped rebar set“) for the northeast corner the herein described tract; THENCE through the interior of the said Staff Realty tract the following calls: 1. 2. South (X) degrees 31 minutes 53 seconds East, a distance of ZUO.48 feet to a capped rebar set; South 89 degrees 42 minutes 09 seconds West, a distance of 75.45 feet, to a capped rebar set at the beginning of a tangent curve to the left, having a radius of 532.50 feet, a central angle of 27 degrees 15 minutes 59 seconds, and a chord bearing and distance of South 76 degrees 039 minutes 52 seconds West, 251.03 feet; Along the arc of said curve, an arc distance of 253.41 feet; south 63 degrees 01 minute 52 seconds West, a distance of 341.63 feet to the beginning of a tangent curve to the right, having a radius of 367.50 feet, a central angle of 27 degrees 15 minutes 59 seconds, and a chord bearing and distance of South 76 degrees 39 minutes 52 seconds West, a distance of 173.24; Along said curve an arc length of 174.89 feet; North 89 degrees 42 minutes 09 seconds West a distance 229.75 feet; North 44 degrees 42 minutes 09 seconds West, a distance of 28.28 feet; North 00 degrees 17 minutes 51 seconds East, a distance of 194.56 feet; North 02 degrees 58 minutes 06 seconds West, a distance of 164.36 feet, returning to the POINT OF BEGINNING, and enclosing 11.892 acres (518,OtS square feet) of land, more or less. 3. 4. 5. 6. 7. 8. 9. Barton III, RPLS #6737Joh Mon Chapa Surveying, LLC/"TBPLS Firm# ror94474 '3'8;{Fj"F{."bXhToN III + + + B :+:6737Barton Chapa Surveying, LLC 5200 State Highway 121, Collewille TX 76034 info@badfw.com Exhibit B Site Plan, Landscape Plan, and Elevations IhT%_________£elu£4'=–g / I I I I Ili ;1!! 1 I I-,;,:I ;!Wnd!!ii !! i PRe i'gg: ; 11F ii!!!! A >A: 1 :g><0Zg00aAUg al 11 gIg gIgZI?;Hl=21; k >V) 'a [ >Z i !!!lgB:gig$ggBjggi P ATI N’ AY ON \WOODROW g _.-a B–z ?F+ !=1 Bn c== =====–b--HH--=> +XO?-Be:::––aZ–3 El4# PS -: / r h+-l3––7-WOODROW LANE' E– EX\t– /E ggggggtHifiji;;ii: gigC-IEfi g g !! i! ! < ! !gB EGg HE;gg gigiSg 1/'g gii! !r is g ! !g g g iiiii A\: 7 g;g! !Hi \A ;VIt i/ ! ! g )>-1aZcr) r ’h8 ! 1 ;gigaTT T +;gRgE}//--\\\_ $,&–, f -// \g j ; ! ! ! ! ! ! ! ! ! ! ! ! ! ! i gg gig; Sg:ii Eg Egg F-i\i00 C ! ! ! !-1 aFTI ;2HE0!28 a E!! =S > <! i nZ bra):Z liu ! ! =TI i iii9 qq 9E:gB !,TgEH gl:g PROGRESS SITREVIEW PRiFrs aNL PERMIT OP COXST. J:1&'. 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