2001-191NOTE Amended by Ordinance No 2001-453
ORDINANCE NO JW-,1 1
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A ZONING
PLAN FOR APPROXIMATELY 22 ACRES LOCATED WITHIN AN AGRICULTURE (A)
ZONING DISTRICT, TO CHANGE TO MULTI-FAMILY CONDITIONED (MF[c])
DISTRICT TO ALLOW FOR MULTI-FAMILY USES, THE SUBJECT PROPERTY BEING
LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET, APPROXIMATELY 1000'
WEST OF LOOP 288, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND
PROVIDING FOR AN EFFECTIVE DATE (ZP-01-0003)
WHEREAS, on February 1, 2000, the City Council adopted Ordinance No 2000-046
which established certain residential interim regulations (the "Residential Interim Regulations"),
WHEREAS, the Residential Interim Regulations established, among other things, a
Zoning Plan requirement in the event of a request to rezone property, and
WHEREAS, on March 7, 2001, SENT Corporation, on behalf of Southwest Housing
Development, applied for a change in zoning for 22 0 acres of land located on the south side of
McKinney Street, approximately 1000' west of Loop 288, from an Agriculture (A) zoning
district classification and land use designation to Multi-family conditioned (MF[c]) zoning
district classification and land use designation with the intent to develop a multi-family complex
with a community center which application includes a Zoning Plan, a copy of which is attached
hereto as Exhibit "B" (the Zoning Plan!), and
WHEREAS, on April 11, 2001, the Planning and Zoning Commission recommended
approval of the requested change in zoning and the Zoning Plan, and
WHEREAS, the City Council finds that the Zoning Plan, with the conditions imposed
herein, meets the requirements of the Residential Interim Regulations and is consistent with the
approved 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The zoning district classification and land use designation of the
approximately 220 acres property described in the legal description attached hereto and
incorporated herein as Exhibit A (the "Property") is changed from Agriculture (A) zoning district
classification and land use designation to Multi-family conditioned (MF[c]) zoning district
classification and land use designation under the comprehensive zoning ordinance of the City of
Denton, Texas to allow a multi-family complex with a community center in accordance with the
Zoning Plan The Zoning Plan and said change in zoning are hereby approved, subject to the
following conditions
1 All conditions set forth on the Zoning Plan
2 The note regarding roof pitch is amended to reference the surrounding houses, rather than
the houses to the east
S \Our Docurnents\Ordmances\01\ZP 01-0003 doc
3 The monument signs shall be placed a minimum of 10' from respective property lines
4 The project shall be designed to meet the multi-family site design requirements of the
draft Development Code a copy of which is attached hereto as Exhibit "C" and
incorporated herein by reference
5 Uses on the Property are restricted to the uses shown on the Zoning Plan
6 A collector road, from the subject property to Loop 288, will be provided prior to the
issuance of any certificate of occupancy
SECTION 2 The City's official zoning map is amended to show the change in zoning
district classification
SECTION 3 If any provisions or the application thereof to any person or circumstance is
held invalid by any court, such invalidity shall not affect the validity of other provisions or
applications, and to this end the provisions of this ordinance are severable
SECTION 4 Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense
SECTION 5 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, official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage
PASSED AND APPROVED this the day of 2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS,(C Y SECRETARY
BY \a8 nn 0 \ A 1AJv
APPR(WED AS TO LEG FORM
HERBERT LRMUT , CITY ATTORNEY
BY
PAGE2
EXHIBIT A
Legal Description
WHEREAS, LANDY L MULKEY, is the owner of all that certain tract of land situated
in the M Yoachum Survey Abstract Number 1442, City of Denton, Denton County,
Texas and being a part of the called 64 584 acre Tract I described in the deed from Elma
Lee Mulkey to Landy L Mulkey recorded in under Clerk's File Number 97-R0029089 of
the Real Property Records of Denton County, Texas, the subject tract being more
particularly described as follows
BEGINNING for the Northeast corner of the tract being described herein at a 1/2 inch
iron rod found at the Northwest corner of Lot 1, Block A, Putt Putt Golf and Games
Addition as shown by the plat thereof recorded in Cabinet H, Page 147 of the Plat
Records of Denton County, Texas on the North line of the said 64 584 acre Tract I and
the South right-of-way of East McKinney Street,
THENCE South 03 Degrees 26 Minutes 05 Seconds West with the West line of the Putt
Putt Golf and Games Addition a distance of 443 00 feet to a 1/2 inch iron rod found at the
Southwest corner thereof,
THENCE South 86 Degrees 38 Minutes 23 Seconds East with the South line of the Putt
Putt Golf and Games Addition a distance of 200 00 feet to a 1/2 inch iron rod found at the
Southeast corner thereof on the East line of the 64 584 acre Tract I and the West line of
Lot 1, Block 1, The Genetic Center as shown by the plat thereof recorded in Cabinet H,
Page 92 of the said Plat Records,
THENCE South 03 Degrees 30 Minutes 24 Seconds West with the East line of the 64 584
acre Tract I passing at 2 6 feet a 1/2 inch iron rod found at the Southwest corner of Lot 1,
Block 1, The Genetics Center and the Northwest comer of Lot 4, Block One, Loop 288
Centre as shown by the plat thereof recorded in Cabinet I, Page 233 of the said Plat
Records and passing at a distance of 257 35 feet a 3/8 inch iron rod found at the
Southwest corner thereof and the Northerly Northwest corner of the called 16 1690 acre
Tract Two described in the deed from Dennis J Koop to K-7 Enterprises L P recorded in
Volume 4095, Page 1198 of the said Real Property Records and continuing along the
same course, in all, a total distance of 886 29 feet to a 1/2 inch iron rod found at a fence
corner post at the Southeast corner of the 64 584 acre Tract I,
THENCE North 88 Degrees 24 Minutes 00 Seconds West with the South line of the
64 581 acre Tract I passing at a distance of 65 3 feet a 3/8 inch iron rod found at the
Northerly Northwest comer of the said 16 1690 acre Tract Two and passing at a distance
of 974 79 feet a nail at a fence corner post at a reentrant comer of the 64 548 acre Tract I
and continuing, in all, a total distance of 1,09149 feet to a 1/2 inch iron rod set for the
Southwest corner of the herein described tract,
THENCE Northeasterly across the 64 584 acre Tract I the following 5 calls,
1 North 01 Degrees 03 Minutes 00 Seconds East a distance of 598 21 feet to a 1/2 inch
iron rod set,
2 North 46 Degrees 34 Minutes 14 Seconds East a distance of 213 24 feet to a 1/2 inch
iron rod set,
3 South 87 Degrees 54 Minutes 32 Seconds East a distance of 425 02 feet to a 1/2 inch
iron rod set,
4 North 49 Degrees 52 Minutes 45 Seconds East a distance of 223 92 feet to a 1/2 inch
iron rod set,
5 North 07 Degrees 40 Minutes 02 Seconds East a distance of 458 76 feet to a 1/2 inch
iron rod set on the North line of the 64 584 acre Tract I and the South right-of-way of
East McKinney Street,
THENCE South 82 Degrees 20 Minutes 27 Seconds East with the North line of the
64 584 acre Tract I and the South nght-of-way of East McKinney Street a distance of
150 50 feet to the PLACE OF BEGINNING enclosing 22 007 acres of land
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C Multiple Unit Residential Buildings
V! Developments standards for residential buildings designed for multiple
V units, either for rental or condominium ownership and their lots
L
I Orientation requirements for all multi unit buildings, except in
= designated pedestrian zones
,s a At least 50% of the front yard frontage shall have build-
WA ings within 30 feet of the front property line
C b Buildings that are located within 30 feet of property line
adjacent to a front yard shall have at least 25% of the
wall facing the street in window or door areas
c Parking areas shall not be located between buildings
CI and the street. Parking lots may be located on the sides
and behind the buildings
4A 2 Block Size A project may not contain a contiguous block of
development greater than 5 acres without the development of
N a public or private street system Projects larger than three acres
shall develop a public or prvate street system that creates blocks
LA of three acres or less
in 3 Private Streets shall be required to include sidewalks of at least 5
` feet, and include street trees according to the standards of this
section, but public street setbacks shall not apply
4 Streetscape
Q
= a One street tree for each 30 feet of frontage, chosen from
the City of Denton Parking Lot and Street tree list, shall
be placed on that portion of the project adjacent to the
= street and on all private streets Where appropriate,
V) these street trees may be placed in the public right of
Sub-Chapter 35 12 Development Code Text - Page 340
way
b This street tree requirement is required for private inter-
nal streets as well as public streets
c Frontyard landscaping shall contain a mixture of
ground cover, shrubs, and trees Bark chips, granite
chips, gravel and other similar ground cover may not be
a mayor component of the mature landscaping
5 Landscaping
a Landscaping shall be designed so that 80%
groundcover landscaping coverage occurs within 5
years
b Landscaping design shalt include a variety of deciduous
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and evergreen trees and shrubs and flowering plant
species well adapted to the local climate
c Existing healthy trees on the site of greater than b inch
DBH shall be incorporated into the required landscap-
ing of the site, except if they are located in the footprint
of a budding, street, or parking area
H
d Landscaped areas of at least 10 feet in width shall buffer
buildings adjacent to public or private streets
C
e Parking areas shall be shaded by large broadleaf cano-
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pied trees and shall be adequately screened and buff-
ered from adjacent uses Trees shall be selected from
Q
the City of Denton Parking Lot and Street Tree List
b Open Space
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a An area equal to at least 8% of the lot area shall be
N
dedicated to open space for recreation for use by the
tenants of the development Mixed-use developments
of greater than 35 units per acre shall be exempt from
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this requirement
M
b Areas covered by shrubs, bark mulch and other ground
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covers which do not provide a suitable surface for
4)
human use may not be counted toward this require-
s
ment
C
c Private decks, patios, and similar areas are eligible for up
to 5 percent of the 8 percent required open space
d Play areas for children are required for projects of
greater than 20 units that are not designed as age
limited or student housing
N
Sub-Chapter 35 12 Development Code Text - Page 342
r i
7 Special Standards for Large Scale Multi Family Developments
(greater than 30 units and/or more than 3 buildings) The
same exterior design may not be used for greater than 30 units3
and/or more than 3 buildings in a project A variety of compat-
ible exterior materials' use and type, building styles, massing,
composition, and prominent architectural features, such as door
and window openings, porches, rooflines shall be used
8 Colors
a Colors are not limited, provided they are not of day-glo,
luminescent, iridescent, neon, or similar types Windows
shall be provided with trim Windows shall not be flush
with exterior wall treatment Windows shall be pro-
vided with an architectural surround at thejamb
b Fronts and street sides of buildings visible from the
N
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public right of way shall be non-reflective and shall be of
L
brick, stucco, HDO board, architectural grade stone, or
natural wood All other surfaces shall be non-reflective
Secondary building materials may include copper, brass,
C
C
and wrought iron in their natural state and exposed
metal painted, stained or anodized
V1
c Glass Use of glass for displays and to allow visual
access to interior space is permitted Large expanses of
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unbroken glass surfaces are discouraged
l
h
d Metal Roofs Metal roofs are permitted provided that
they are painted or have a natural oxidized finish
9 Additional Standards for Multi Family Developments Located
4a
within a Pedestrian Oriented District Multi-Family develop-
low
ments within mapped Pedestrian Areas shall, in addition to
complying to the basic Site Design Standards for Multi-Family
N
buildings above shall conform to the following standards
N
a At least 75% of the front yard frontage shall have build-
ings within the maximum setback
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b Buildings that are located within 30 feet of property line
adjacent to a front yard shall have at least 40% of the
0.
ground story wall facing the street in window or door
C
=
areas
c Parking areas shall not be located between buildings
V
and the street
d Buildings shall be directly accessed from the street and
the sidewalk
-
H
e Ground floor pedestrian entrances must be oriented
Sub-C
hapter 35 12 Development Code Text - Page 344
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f Ground floor pedestrian entrances shall be accompa-
nied by a porch
g Garages may occupy no more than 40% of the total
budding frontage This measurement does not apply to
garages facing an alley or courtyard entrance Any
garage may not extend beyond the budding front
Garages that are at least 30 feet behind the house front
may exceed the 40% frontage minimum
h Height and Bulk Budding height shall vary from adja-
cent buildings, using either "stepped" parapets or slightly
dissimilar overall height to maintain the traditional
"staggered" streetscape appearance An exception to
this standard would be buildings that have a distinctive
vertical division/fagade treatment that "visually" separates
it from adjacent buildings
Budding frontages greater than 100 feet in length shall
have offsets,jogs, or other distinctive changes in the
budding fagade
Horizontal Rhythms Buildings shall provide a founda-
tion or base, typically from ground to the bottom of the
lower windowsills, with changes in volume or material,
in order to give the budding a "sense of strength" The
top floor of any budding rising over four stones will be
contain a distinctive finish, consisting ofa cornice or
other architectural termination
Architectural Features Buildings shall include changes
in relief such as columns, cornices, bases, fenestration,
and fluted masonry, for at least 15% of the exterior wall
area
Recessed or projecting balconies, verandas, or other
usable space above the ground level on existing and
new buildings is encouraged in a street facing elevation
Sub-Chapter
Rt, r
I toward the street
S WerOxummtlbtAiox~tlAI~ZPo1~0006()) tla
ORDINANCE NO a' )W/ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CONDITION SIX (6) OF
ORDINANCE NO 2001-191 REGARDING CERTAIN REQUIRED TRANSPORTATION
IMPROVEMENTS FOR APPROXIMATELY 22 ACRES OF LAND ZONED MULTI-FAMILY
CONDITIONED (MF[C]) AND LOCATED ON THE SOUTH SIDE OF LOOP 288
APPROXIMATELY 1000 FEET WEST OF LOOP 288, PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (ZPO1-0006)
WHEREAS, on March 7, 2001, SENT Corporation, on behalf of Southwest Housing
Development, applied for a change in zoning for 22 0 acres of land located on the south side of
McKinney Street, approximately 1000' west of Loop 288, from an Agriculture (A) zoning district
classification and land use designation to Multifamily Conditioned (MF[c]) zoning district
classification and land use designation with the intent to develop a multifamily complex, which
application included a Zoning Plan, and
WHEREAS, on May 1, 2001, the City Council adopted Ordinance No 2001 f'i 91 approving
the aforementioned zoning change and Zoning Plan, subject to certain conditions including the
provision of certain transportation improvements, and
WHEREAS, Condition No 6 of Section 1 of Ordinance No 2001-191 provides "6 A
collector road, from the subject property to Loop 288, will be provided prior to the issuance of any
certificate of occupancy" (called "Condition No 6")
WHEREAS, on October 1, 2001, Southwest Housing Development applied for a zoning
change to amend Ordinance 2001-191, and
WHEREAS, on November 14, 2001, the Planning and Zoning Commission concluded a
public hearing as required by law, after which it recommended approval of the amendments provided
below, and
WHEREAS, the City Council finds that the amendments to Ordinance 2001-191 are
consistent with the Comprehensive Plan and are in the public interest, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I Condition No 6 in Section 1 of Ordinance 2001-191 is amended to read as
follows
6 Two lanes of a collector road from the subject property to Loop 288 will be provided (the
"Collector") A certificate of occupancy will not be issued for the subject property until a
Page I of 2
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fully executed Development Agreement with the City providing for the construction of
the Collector are submitted to the City's Director of Engineering, together with fully
executed performance and payment bonds, all of which will be on City required forms
The width of right-of-way dedicated from the subject property for the Collector and the
north-south collector along the western side of the subject property shall be 30 feet
The zoning plan is amended consistent with the above change in Condition No 6 All other
provisions of Ordinance No 2001-191 not inconsistent with this ordinance shall remain in full force
and effect
SECTION 2 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 other
provisions or applications, and to this end the provisions of this ordinance are severable
SECTION 3 Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense
SECTION 4 That 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
PASSED AND APPROVED this the ~iday of~¢/Cp, 2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY AU G C3 0(~/l G
APPROVED AS TO LEGAL FQRM
HERBERT L P,1CITY/ATTORNEY
BY
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