S23-0002dORDINANCE NO. S23-0002d
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A SPECIFIC USE
PERMIT TO ALLOW A BUILDING NO MORE THAN 53 FEET IN HEIGHT ON
APPROXIMATELY 2.695 ACRES OF LAND GENERALLY LOCATED AT THE
SOUTHWEST CORNER OF THE INTERSECTION OF STUART ROAD AND LOOP 288 IN
THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO
THE CITY’S OFFICIAL ZON[NG MAP; PROVID[NG FOR A PENALTY rN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE. (S23-0002d, Stuart Apartments)
WHEREAS, Cross Engineering, applied on behalf of the property owner, Stuart Apartment
Properties, LLC has applied for a Specific Use Permit (SUP) to allow one building no more than
52 feet in height on approximately 2.695 acres, within the Mixed-Use Neighborhood (MN) zoning
district and use classification, as described in Exhibit “A“ (hereinafter, the ''Property”); and
WHEREAS, on September 27, 2023, the Planning and Zoning Commission, in compliance
with the laws ofthe 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, and have recommended approval (3-2) of the requested SUP subject to the site plan,
landscape plan, and building elevations attached as Exhibit B; and
WHEREAS, on December 5, 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, and is
consistent with the Denton 2040 Comprehensive Plan and the Denton Development Code; and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for an SUP, have determined that the proposed use is in the
best interest in the health, safety, morals, and general welfare of the City of Denton, and
accordingly, the City Council of the City of Denton is of the opinion and finds that said SUP is in
the public interest and 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 one building no more than 59 feet in height and one
building no more than 44 feet in height on the Property as shown on the site plan, landscape plan,
and building elevations attached and incorporated herein as Exhibit “B,” is hereby approved,
subject to the following conditions:
1 The attached Site Plan, Landscape Plan, and Building Elevations 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 a minimum landscape and tree canopy
percentage, as well as all elements of the DDC.
2.The attached site plan, landscape plan, and building elevations are incorporated as
requirements of the SUP. Given the following development details, Staff shall have the
ability to approve a reduction in the building coverage, an increase in the landscape area,
and a decrease in the number of dwelling units with associated parking provided all
applicable requirements of the DDC are met.
a. No more than 78 one-, two-, and/or three-bedroom units in two three- and four-
story buildings with a total building footprint not to exceed 24,944 square feet.
b. A minimum landscape area of 36,690 square feet. At minimum, on-site amenities
shall include an indoor amenity center, an outdoor pool, and an enclosed dog park.
c. No less than 146 parking spaces.
d. Roofs shall be provided with a 4:12 pitch and a balcony or patio shall be provided
for each dwelling unit. Primary entrances shail include decorative sconces.
e. The maximum building height of Building A, as shown on the site plan
incorporated herein as Exhibit “B”, shall not exceed fifty-three (53) feet.
f. A six (6) foot tall solid masonry screening wall shall be provided aiong the entire
span of the south and southwest property lines.
g. A minimum of two (2) vehicular access points onto Stuart Road shall be provided.
3. A center two-way left turn lane shall be provided on Stuart Road at site driveways. A
crosswalk will be provided on the southern leg of Stuart Road/Loop 288 intersection with
barrier free ramps on both ends connecting to sidewalks.
4. The final location of the sidewalk and retaining wall along State Loop 288 shall be
reviewed and approved with the Civil Engineering Plans. All construction within the
TxDOT right-of-way is subject to TxDOT review and approval.
5. The zoning map shall reflect the Specific Use Permit on the subject property consistent
with the DDC.
SECTION 3. 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 wii1 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. 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 5. 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. 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 severabie.
SECTION 7. Any person, firm, entity or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
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.
„„„,T;,"'':p,:\*pF=:}T,'/d:"’"" "’; "’I„::~P=i;:„,Ti'iS„,„,„„,,/:gthe following votb [ id - bl:
Aye NavWWWHeA-
J
Abstain Absent
Mayor Gerard Hudspeth :
Vicki Byrd, District 1 :
Brian Beck. District 2 :IZ
,/
,/
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
–I–
PASSED AND APPROVED this the g+- d,y ,f Dec e -by< J , 2023.
Z/mRTFD–iFmnMlf6R
ATTEST:
JESUS SALAZAR, CITY SECRETARY
L\\\\tIll I////
APPROVED AS TO LEGAL FORM:
MACK REINWAND. CITY ATTORNEY
Digitally signed by Susan Keller
I
Tq T r Keller, email=Susan.Keller@cityofdenton.com
R y • Date: 2023.10.30 13:59:54 -05'00'
Susan Ke
, DN: dc=com, dc=cityofdenton, dc=codad,
I e r = = 1: : : :Pg:: : :re ::fdoI(= r== 1 r c n = s u s a n
Exhibit A
LEGAL DESCRIPTION
2.695 Acres
Thomas Toby Survey,
Abstract No. 1288
City of Denton
Denton County, Texas
SITUATED in the City of Denton, in the Thomas Toby Survey, Abstract No. 1288 of Denton
County, Texas and being all of that certain tract of land described in a deed to Stuart Apartment
Prornrties, LLC, recorded in Document No. 2021-234568, Deed Records, Denton County,
Fexas (D.R.D.C. T.) and being more particularly describcd by metes & bounds as follows:
BEGINNING at a 1/2 inch iron rod, topped with an orange plastic cap, stamped “KAZ RPI.S
5312”, found on the south right-of-way line of North Loop 288 (a variable width rightof-way)
for the northwest corner of the above described Stuart Apartment Properties tract and same
being the northeast corner of Towne North Additiorb Sixth Section, an addition to the City of
Denton according to the plat thereof, recorded in Volume 6, Page 19, Plat Records, Denton
County, Texas (P.R.D.C. T.);
THENCE: South 89 deg. 28 min. 40 sec. Emt, along the south right.of.way line of said North
Loop 288 and the north line of said Stuart Apartment Properties tract, a distance of 458.09 feet
to a 1/2 inch iron rod, topped with a red plastic cap, stamped “RPLS 470 1”, set for the northerly
northeast corner of said Stuart Apartment Properties tract and an angle corner of said North
Loop 288 right-of-way;
THENCE: South 44 deg. 16 min. 37 sec. East, continuing dong said common line, a distance
of 31.05 feet to a 1/2 inch iron rod, topped with an orange plastic cap, stamped ''KAZ RPLS
5312”, found for the easterly northeast corner of said Stuart Apartment Properties tract, on the
west right-of-way line of Stuart Road (an apparent 80’ wide right-of-way);
THENCE: South 01 deg. 04 min. 43 sec. West, along the west right-of-way line of said Stuart
Road and the east line of said Stuart Apartment Properties tract, a distance of 415.59 feet to a
1/2 inch iron rod, topped with a red plastic cap, stamped “RPLS 4701”, set for the southeast
corner of said Stuart Apartment Propcrties tract and same being on the north line of Lot 1 of
Towne North Addition, Fourth Section, an addition to the City of Denton according to the plat
thereof, recorded in Volume 4, Page 44, P.R.D.C. T. and a found 1/2 inch iron rod bears South
09 deg. 25 min. 14 sec. East – 0.71 feet;
THENCE: North 88 deg. 25 min. 20 sec. West, departing hom said Stuart Road, along the
common line of said Stuart Apartment Properties tract and said Lot 1, a distance of 58.73 feet to
a 1/2 inch iron rod, topped with a red plastic cap, stamped “RPLS 4701”, set for the southwest
corner of said Stuart Apartment Properties tract and the northwest corner of said Lot 1 and
same being the easterly corner of Lot 2 of said Towne North Addition, Fourth Section;
THENCE: North 43 deg. 10 min. 54 sec. West, along the common line of said Stuart
Apartment Properties tract and said Towne North Addition, Fourth Section and Towne North
Addition, Fifth Section, an addition to the City of Denton according to the plat thereof,
recorded in Volume 5, Page 36, P.R.D.C.T. and the above described Towne North Addition,
Sixth Section, a distance of 603.83 feet to the POINT OF BEGINNING and containing
1 17,410 square feet or 2.695 acres of land.
Note:
The Bearings shown hereon are geodetic and are based upon GPS observations from City of Denton
GPS Control Monument No. 2005, Texas State Plane Coordinate System, Texas North Central Zone,
NAD-83
Prepared Under My Hand & Seal,
This 10a' Day of January, 2023.
State of Texas, No. 4701
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