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Home My WebLink About2010-077sAour documenfslordinancesl101z08-0016 zoning ordinance.doc ORDINANCE NO. 2010-077 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR. A ZONING CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD RESIDENTIAL MIXED USE 12 -12) ZONING. DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY DISTRICT, ON APPROXIMATELY 15.13 ACRES OF LAND LOCATED WEST OF STUART ROAD AND APPROXIMATELY 600 FEET NORTHWEST OF THE INTERSECTION OF WINDSOR STREET AND STUART ROAD; PROVIDING FOR A PENALTY IN THE MAX1MLTM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE (ZO8-0016). WHEREAS, Rick Baria, has applied for a change in zoning for approximately 15.13 acres of land legally described in Exhibit A, attached hereto and incorporated herein by reference (hereinafter, the "Property") from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 T T-12) zoning district classification and use designation, with an overlay district; and WHEREAS, on April 8, 2009, the Planning and zoning Commission recommended approval of the change in zoning, subject to an overlay district including the following conditions 1. Uses are limited to residential uses only; 2. The maximum building height shall be 3 3 feet; 3. A 40-foot wide vegetative buffer is required abutting the residential subdivision to the west, using existing vegetation; 4. The maximum density shall be eight (8) dwelling units per acre, and buildings shall be constructed in a side -by -side arrangement; 5. The maximum impermeable area shall be 5 0%; 6. The minimum parkway width shall be 9 feet; 7. The minimum side yard, as measured between buildings, shall be 30 feet, or 15 feet if lots are individually owned. WHEREAS, since the Planning and zoning Commission's recommendation, the applicant has requested a more restrictive overlay district, setting forth the conditions specified herein, to the extent that they are more restrictive than City standards; and WHEREAS, the City Council finds that the change is consistent with the Denton Plan and the Development Code; 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 as true. SECTION 2. The zoning district classification and use designation for the property is hereby changed from. Neighborhood Residential 3 (NR-3) to Neighborhood Residential Mixed sAour doctimeiitsloi•diiiaiicesl10IzO8--0016 zoning ordinance.doe Use 12 -12) with overlay establishing the following conditions, to the extent they are more restrictive than City standards: 1. Uses are limited to residential uses only; 2. A 40-foot wide vegetative buffer is required abutting the residential subdivisions to the west (Cooper Landing), to the east (The Village, Phase 1) and to the north (The Village, Phase 2); 3. A 25-foot wide vegetative buffer is required abutting the residential subdivision to the south (The Village, Phase 4); 4. A restrictive building zone of 210 feet in width (identified as zone 1: 7.58 acres on the attached Exhibit C), as measured from subdivisions to the west (Cooper Landing), east (The Village, Phase 1) and north (The Village Phase 2), shall carry the following restrictions: a. The maximum building height shall be 36 feet; and b. Dwelling units shall be placed in a side -by --side configuration; 5. A less restrictive building zone (identified as Zone 2: 4.75 acres on the attached Exhibit C), shall carry the following restrictions: a. Dwelling units may be stacked vertically, provided the upper story dwellings are provided access by a covered stairway; and b. The maximum building height shall be 40 feet; 6. In both of the building restriction zones (zone 1 and Zone 2), the following restrictions shall apply: a. Building setback from the buffers identified in condition #2 and condition # 3, shall be 12 feet, excepting typical projections such as eaves, bay windows, porches, etc.; an b. Minimum separation between all buildings shall be 30 feet, except in the case of one-story garages, which shall be placed no closer than 15 feet from other buildings; 7. The minimum p arlcway width shall be 9 feet if the site is developed as a gated community with private streets; 8. The maximum. density shall be 7.5 units per acre; and 9. The minimum permeable area shall be 50%, excepting any ponds. Notwithstanding the attached real property description, the property being rezoned includes all property to the centerline of all adjacent street rights -of -way. SECTION 3. The City's official land use map is amended to show the change in the land use designation. SECTION 4. 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 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sun not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. sAour documents\ordinances\IOlzO8-0016 zoizitig ordinancc. doc 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, 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 2 A ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:. APPROVED AS TO LEGAL FORM: PAGE 3 sAour documentslordinancesl10\z08-001 G zoning ordinance.doc EXHIBIT A LEGAL DESCRIPTION PAGE 4 sAour documents\ordinances1101z08-0016 zoning ordinance,doc Being 4,-,1 15.1338 acre tract of Land, situated in the B.B.B. &-r- C.R.R. Conipany Survey, Abstract Nlo. 186, Denton County' Texas and being the saiiie tract of and coney ved to Trans -Atlas Ffii,,-.incial., hic. by deed recorded in wlunie '2.954, Page 469,. deed records, Denton County, Texas andeilia More part1clarly described by ineters ad boluids ai follows: Be fiming at a 3/8 Inch boil rod R-nind at the most eastern c.,outlaeast ciarner of said Trans,, -Atlas 9 Financi,,A, Inc. and the southwest corner of Lot I-, Block 3.. of the replat of Lot 5., Block 2, and Lot 1, Blocli. 3, of the replats- of blocks 2-,and 3� Recorded in cabinet C1I . page 59. plat records. D e Won (--1 o Lu 1 ty.. T e x as,. o i i the N11"or t 111 -Ig lit - o f- wa y 1 ire of I Wo I ftrap D riv, e. (50 foot rigl it - o f- w a -y). Thence South 85 degrees 10 ininutes 04 s-,econds west. along the most southem propefty 111le of -,a , -, and alonc-4 'c-i'aid N%Tolftrap drive north n'grht-of-w, ay line. A distance of 39.64 sc Id Trians-Attas,- tract feet to a 3/8- inch 'iron rod found at the beginns ncr of a curr,7e to the left, liavin a delta of IS In det e a mi gree,s 22, minutes 39 seconds. a radius of 31621 feet, ,,.ind a chord b and distance of south 75 degrees, 19 ininutes '2" 1 -seconds west 10:0.99 feete Thence around said cuii7e to the left along said Trans -Atlas tract :-iouth property filie and alon1 -,- id Wolftrap Drive right--of-,n aarc dictance of 10 1.42 feet to -ci 3/8 inch R-)und iron rod at al I I the most, southem soutlmvest col-ner of scald Tran-c--i-Ath-u-ci tract and the southeast corliel, of lot B, block 11. of The -\Village, Plisse 4, Recorded in cabinet D. page 55, Plat record , E)enton County, Texa,,-:,,, Thence iiorth 17, degrees 15 minutes 05) secoilds -west, along the conauloli propelly line ofsai'd Trans-Atlar,s, tract and said lot S. a distance of -54.86 feet to a 3/8 itich found iron rod at all 11-1terior comer of said Trans -Atlas tract, the northeast comer of sal d lot S.. and the most northern northeast comer of said., The Village. Phase 4, Thence ,-:,outh 88 des- ,,-,Treec-,-, 39 niMuters. 31 seconds- we�--Nt. aloncr the colunion property lilie of said Tran,s--Atla&-, tract and sald The VAlagre. Pha.,--i.tal 4. Passing, the east fir -flit -of -way Ifile Ofolyllipia. Drlve, (50 foot right-of-way), at a. distance of 654,92 feet. pa-,--,.sJ1kg the west right-of-way 1111e. of ,--,,a.ld c3lympia Drive, ous, a disfaiice of 704.92 feet. and counting aloag said coilinion. prc)perty filie a total distance of 8.72.9,59 feet to (q 1,1� flich found iron foci ata southN-Nlest comer of` Bald Trans- Athws-,- tract and the noillmvest cornef of said The Village, phase 4 on the 1110st. ea stem property - I -r c-' e C. recorded 'i cabffiet L. page hire of lot 36, block. A, of:Cooper Land'lir. Section Three,, phase 3211-2.. plat records,., Dentoii Cbunty,, Texas. Thence north 01 der-tree 31 ininutes, 03 secoiid,,-�- west, along the conulion propelly line of sal"d -tr ee Trans -Atlas- tract and said Cooper Landing. A distance of.'"237.18S feet to a �e� 111cli found iron ro:d at an niterior conier of s-,aid Tralis-Atlas tract and the Northeast comer of lot 32, bloc l,- A, of sauld Cooper Landing?, PAGE 5 sAour documents\oi-dinances\101z08-0016 zoning ordinwice.doc Thence south 8-9 degrees 49 linnutes 09 seconds iAv'est, alongr the conulion property line of -'-sald Trans-Athas tract and said C-7ooper Landing ',I C-11-stance 1�f 311.70 feet to a, inch found iron rod at the 1110'st Nve'sterii col-lier of -.,paid Trans -Atlas tract and the noftInvest comer of of 284 block A. of said C'.00per Landin,.r.-El. t- Thence north 00 deg I ,reel 49 nionutes 42 s-econds west., alopgr the common prc)pefty line of -,said Trans -Atlas tract and said C"ooper Lc-tndI"iIg,. pa-ssin�� the inost northern northeast comer of said (--'ooper Landinry and the, inost eastern southeast corner of (--"oc).per Glen, Section One, lot 1, block 1. Recorded in cabiliet E-, paftyze 288 plat. records. Denton C"ounty, Texas at a distance of 194.41 feet and counting along the coninion property file of said Trans -Atlas tract and said C'ooper Glen, a total disfiance of 259.94 feet to a 518 in set iron rod at. the northwest corner of said Trans -Atlas tract on the south line. of Creek dfainage cliatiliel., Recorded in cabinet B, page 387, deed records, Denton C','ounty.. Texas,. Thence along the coninion property litre of said Trans -Atlas tract and along said Cooper Creek drainage clialinel south fine as, fbVows, : North 75 degrees, 06 niMutes 32 seconcfis- eas-.,�t,,a distance of 589.1,01' feet to a. 5.18 hich iron rod set, at the becr M ,iiin' g of ca. cimTe to the -tIviII;Z a delta of 53 degrees 35 nu'nutes 06 secouds,' a of '550,:52 feet.,, and a chord bearing and distance of north 74-S degrees 05 inihilites 5'5 s,econds, east. 496.31 feet. Around said curve to the right an are distance of 514.97 feet to a 518 inch rod set, South 40 detra, yee 05 , infilutes 40 seconds east. a- distance of 101.98 feet to a 5/8. hich set iron rod.: 13 outh 51 der 1 gj-ees 24 ni'nutes, 16 seconds east. a distalice, of '.2,38.44 feet to a- 5/8 inclisiet iron rod at the northeast corner of said Tran,,�-;-Atlas tract on the wesit line of lot 3, block 3. of replat of blocks 3 and 4., The N7111age,. Phase I, recorded in cabiliet B, page 241, plat records, Denton Coulity, Texas, Thence youth 00 dec'v M 26 seconds, west along 26 1 'nutes the coimnon propert-Nyr line of ',Said 61 Tran4s-Atlas tract and said replat of blocks and 4. The Nri'llage. Phase L passing the southwest comer of said replat of block,.---,, 3. and 4 the Village pha.se 1, and the north-virest corner of said replat of lot 5, block 2. and lot 1, block 3.; of the replats of blocks 2 and 3, at a d41s4ance of 229,74 feet a r 1 nd continuing a toftrtl d"stance of 322,69 feet to the point. of beginning and containiner 659.230 4!r sclu,-L-ire feet or 15,1338 acres-, of land. FWAXONYQUISI