S21-0005bORDINANCE NO. S21-OO05b
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT TO ALLOW FOR A MULTI-FAMILY DWELLING USE ON APPROXIMATELY
4.019 ACRES OF LAND, GENERALLY LOCATED 316 FEET TO THE WEST OF TEASLEY
LANE, APPROXIMATELY 335 FEET SOUTHWEST OF THE INTERSECTION OF NOWLIN
ROAD AND TEASLEY LANE, 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-OO05b, TEASLEY LANE MULTIFAMILY)
WHEREAS, Wier and Associates, on behalf of the property owner, KC Land Holdings,
LLC, has applied for a Specific Use Permit (“SUP”) to allow for a multi-family residential use on
approximately 4.019 acres, within the Suburban Corridor (SC) zoning district and use
classification, as described and shown in Exhibit “A” (hereinafter, “the Property”); and
WHEREAS, on October 11, 2023, 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 [4-2] of the requested SUP subject to the site plan, landscape plan, and elevations
attached as Exhibits B-C; and
WHEREAS, on November 7, 2023, 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:
1 Site and Landscape Plan: The attached Site Plan and Landscape Plan reflect an intent
to comply with the 2019 Denton Development Code (DDC) requirements, as amended,
for parking, street trees, minimum landscape and tree canopy areas, open space, and
landscape screening and compatibility buffers, with administrative approval of
alternative landscape elements permitted and parking reductions in accordance with the
DDC
a.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 buffers, buffer fence design and material, location of required
landscape elements and open space and trail, number of trees, and minimum
landscape and tree canopy percentages, as well as all elements of the DDC
Minor alterations to the exact locations of individual amenity elements may be
approved by City staff, provided final design complies with the attached site
plan and landscape plan in terms of types and minimum number of amenities
provided within depicted gathering spaces.
b.
2.Building Elevations: The attached building elevations reflect an intent to comply with
the DDC requirements, as amended, for building mass and form, percentage of
windows and doors on a fagade, and provision of architectural features to highlight
entrances and provide visual interest.
a. Elevations at time of permitting shall be consistent with the attached elevations
in terms of architectural style and details, specific architectural features that
highlight entrances such as ornamental lights and canopies, specific
architectural features that highlight windows such as awnings and canopies and
brick soldier courses, provision of covered balconies or patios to articulate
individual units, use of recesses, awnings, and changes in material to break up
the fagade vertically and horizontally and to articulate collections of units at
intervals not to exceed 40 feet horizontally or 3 stories vertically, delineations
of the first floor with a horizontal masonry band for at least 190 feet of the east
fagade and at least 180 feet of the west fagade, and delineation of fourth floor
with a change of material and horizontal banding.
b. Rooftop terrace with pergola and lattice shall be of the size and design depicted
on attached building elevations; staff is authorized to reduce an increase or
decrease of 5 feet of the terrace, pergola, and lattice, provided the lattice always
extends to the full length of the west side of the terrace.
c. Depth of projections, recesses, and balconies, and width of balconies, on future
building permit elevations, shall meet or exceed depths labeled on attached
building elevations (see Exhibit D).
Minor alterations to individual window size and location may be approved by
City staff, as long as the style of windows and doors on each fagade is consistent
with the attached elevations, and windows and doors make up at least 12% of
the north and south facades (excluding area below first floor), 16% of the front
(east) fagade, and 15% of the rear (west) fagade (excluding area below first
floor), and comply with all DDC standards.
d
3. Plans Incorporated: The attached site plan and landscape plan, including buffer fence
detail, are incorporated as requirements of the SUP. Staff shall have the ability to
approve an increase of up to 5% of any of the amounts specified in requirement b, and
a decrease in the number of dwelling units listed in requirement a, by any amount.
Page 2 of 5
a. Ninety-four (94) dwelling units.
b. One-hundred and sixty-two (162) vehicle parking spaces and twenty (20) bicycle
spaces are proposed for the multi-family development indicated on the site plan.
Parking may shift to accommodate a change in the unit mixture or a decrease in
proposed number of units, but shall be in accordance with the requirements of the
DDC and within the range of staff approvability.
Notwithstanding the limited administrative approvals authorized in conditions 1-3, 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, the attached
building elevations, and the elements described in condition 5 below, including those
referenced in conditions 1-3 .
4.
5. Tree Preservation: The project shall comply with Denton Development Code Section
I .I A, Tree Preservation.
6. Zoning Map: The zoning map shall reflect the Specific Use Permit on the property
consistent with the DDC.
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
B.
Dwelling Units: 94 one-, two-, and three-bedroom units in one four-story building.
Gathering Areas and Open Space: A patio with a pool, tables, and grill, one walking
trail, a playground, a gazebo, and seating areas distributed throughout the front yard of the
site. Overall open space, partly located in the floodplain, encompasses at least 8% of the
land area.
Parking: 162 total vehicular spaces provided, including 75 spaces in an underground
garage. Required parking includes an approximately 21-space reduction from the total
required parking as allowed for tree preservation as permitted in DDC Section 7.7.4M.5;
20 bicycle parking spaces are distributed between the front and rear yards, as shown in
Exhibit B .
Access and Connectivity: Two full vehicular access connections, one through an access
easement connecting through the adjacent lot to the east to Teasley Lane, and one
through an access easement to the south that connects through two adjoining lots to
Teasley Lane and through one adjoining lot to Hickory Creek Lane. The primary ADA-
accessible pedestrian connectivity is provided via access easements through the lot to the
east to Teasley Lane. A secondary ADA-accessible route is provided to the lot to the
south
Design: Building elevations feature covered balconies or patios for all units, with
canopies and decorative sconces at all main entrances, with architectural accents
including decorative canopies, awnings, or brick soldier courses over a minimum of 125
windows, with a rooftop terrace at the northeast corner of the building that includes a
pergola and a lattice with vegetation along the east side of the terrace, and with building
orientation towards Teasley Lane.
C.
D.
E
Page 3 of 5
F.Landscaping: Foundation plantings along the east and west facades of the building; new
tree plantings above and beyond required screening and buffer trees in common areas; a
near-continuous hedge of evergreen shrubbery and over 40 trees buffering the building
from the Lexington Park neighborhood; a combination offence and landscaping
providing a buffer above and beyond requirements between the building and the single-
family residence to the west.
SECTION 4. Administrative Modifications. The Development Services Director or
designee may administratively approve the following modifications:
A.
B.
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.
Increases of 5% or less of any of the amounts specified in Subsections 3.B-C and F of this
ordinance, provided all applicable requirements of the DDC are met.
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.
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-
Page 4 of 5
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 by CUrB D&H i and
„„„d,d by ack: Byr J ; th, ,Kd by
the following vote U - J :
Aye
a
,“
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer. District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6: /
PASSED AND APPROVED thi,, th, laL~ d,y ,f Nov...,\,/ , 2023.
,/
,/
,/
/
GERARD HUDRPN
ATTEST:
JESUS SALAZAR, CITY SECRETARY L\\t 111111//
Bq
APPROVED AS TO LEGAL FORM:
MACK RErNWAND, CITY ATTORNEY
Hilary Negron
2023.10.12
16:30:33 -05'OO
Page 5 of 5
Exhibit A
Legal Description
YOLO First Addition, Block A, Lot 3.
Exhibit B
Site Plan
I
& iii; iii:!!
!;
+
a :f :iS
ajl 8
!!
if!!!!i
A
gi
a !!!ii::gI.li91. 18
!!: 1 : 1 !HRH: : £n8Ho~.....~b
!i:iiig!!; iii; iii::, i:: iii: i:ie: ii;!; i
i
i.aj8.a{g:ligt iii!!!!;iE; iii;!!, lit+++++++
;!!!!!!!
n h
g ! ! !
A' g
gigiBbl: $
h
Ai
: iii
I
ig!!;};
$
;1
'; "as
giggUVt!
I
T!!!iNI
G ; ! ! ! ! i
i
$! : i
g£g
' ii
!!!!
J' ,!!,
a
b
ig
+
@-1-
:P [fgg iIi
li
B
li-I
&
a [gg§#_
;;i;
i
> ! ! !/
////
9
iN
ii;; if I
L!!
g
g
va ! i :Ii;}#
:/ ii;’
/
!!!g IF , iE‘
/!!!<* gili
Ini OIIn I A8a3Avs HV gSI I £ZOZ/OZ/Ol la3AVS ISVI als•91%vd+u3A inl als £ZOZ/OZ/Ol la Hwa
Exhibit C
Landscape Plan
£t19£ nnI \lu'_U U.j
goHT£rLll nWO
g9BO£f TOR Od
SVX31 'NoiN3a
3Nrl A31SV31
'oN IOIfONd
Ja15aqJl\ '.)UO(..1 A]lmvJ-11 in m
gnr)
fI
a
Ei
A
a
jjI
;
i :i
gjii
e
!
b ::
g
3
yI
i
!!! !!!
g
i gg
!! !
ei
a
i
I;!
pfpreg
Iq
i
EX
! ! !
li
: 9
g
a
gjg
Pi
8
i:i
pg
a
aR I
! !
T g
Pi
R:i
br)aaQ
(\1
C/)
dZ
1-
C)
LU
d
aca
<
91
; i;
! ! !
e
g :
a ;
i : :! is
!!!iT I jTy:
i
E
a
i
g :
! ! !g
yI
fl
i
U
:
3i
g g
e
a
(xya-io–rH91U 318VIUVA)
II
(gNVI xalsval)TB Ta ' ON XVAH:) IH ' N 'f
R
! ! i ; g !!
;E
i
:rS
};
g
tg_ f-,g
g
'+gg
ii
gg
$
nAHBBB!qq g
g
:@\!!!!rE:
{i [:
I
g(+
6\be :
gg
Ri
29
g
g
is
g
iI;! !i
g
i
g
g 8 g 8 gg 6 g 89 S e e ! g e = egg a
g
1-
C/):J
!
g
gi
g£
i
g
a
;LI i
!!!! !
ii :g”i' kl
Wood, Composite, or Concrete
F–IF=He
b
Typ. Fence Elevation
S21-OO05 Fence Exhibit F-1
Multi-Family Apartment
Teasley Lane Development, Denton Texas
Exhibit D
Elevations
A ]gW"i iii:
i : i i ; i
II li li 111:
'iII *
!!III: : I
11: 1:
gig
!!;[
i
faI HERBmm Bit
1: P 1 1 : : 1 :
! ! !! ! I I i ! ! I mM : : ri :
M d'IFli.I Ii 114:!
i!!! !!!!il :Iiili
F! ! i !IIi:
! iii *11 * *" ;
!!!!
iii: :: 1:IiI: i::::
:fIIE! !n
iPI IllbIll[ !'!i''!!!! III
+-Ht j=+hL=mi i iII IIIi:!!!!!!
i i i i !! I! ! i14 1 : i ! ! ! IJ ! ! I :LII!!1IR III: I! ! ! ! ! ! I!
mrL:IiIbIlly!!11 ::::! ! : : iii
; i : 1 : 1 ! ! ! 1 1 [ ! IFIIII Ii
nB:
i 1 : : i I I I Inil iI !! I
= liii li ! ! m
Wa Tem:::i: :i: