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Amended by Ordinance No. 2015-217 07/21/15 JR
SAOur Documents\Ordinances\07\Z06-0014.doc
ORDINANCE NO. 26O7- e2Z
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR-2) TO A NEIGHBORHOOD
RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION, WITH AN OVERLAY DISTRICT FOR APPROXIMATELY 30 ACRES,
GENERALLY LOCATED ON THE SOUTHWEST CORNER OF HINKLE DRIVE AND
WINDSOR STREET AND LEGALLY DESCRIBED AS SITUATED IN THE CITY OF
DENTON, DENTON COUNTY TEXAS, BEING A TRACT OF LAND IN THE N. H.
MEISENHEIMER SURVEY, ABSTRACT NO. 810 AND THE ROBERT BEAUMONT
SURVEY, ABSTRACT NO. 31 AND BEING A PORTION OF THAT CERTAIN TRACT
CONVEYED TO RAYZOR INVESTMENTS LTD., AS TRACT ONE OF SECTION 5, IN
DEED RECORDED IN VOLUME 1796, PAGE 601 OF THE REAL PROPERTY RECORDS
OF DENTON COUNTY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE
AND AN EFFECTIVE DATE. (Z06-0014)
WHEREAS, Rick Baria has applied for a change in zoning for approximately 30 acres
from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 3 (NR-
3) zoning district classification and use designation: and
WHEREAS, on January 10, 2007, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommended approval of the requested change in zoning;
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 and found to be true.
SECTION 2. The zoning district classification and use designation for 30 acres of land
described in Exhibit "A", as tract of land situated in the city of Denton, Denton County Texas,
being a tract of land in the N. H. Meisenheimer Survey, Abstract No. 810 and the Robert
Beaumont Survey, Abstract No. 31 and being a portion of that certain tract conveyed to Rayzor
Investments Ltd., as Tract One in Section 5, in deed recorded in Volume 1796, Page 601 of the
Real Property Records of Denton County, which is attached and incorporated for all purposes
herein (the "Property"), is hereby changed from a Neighborhood Residential 2 (NR-2) zoning
district to a Neighborhood Residential 3 (NR-3) zoning district classification and use
designation, with an overlay district containing the following restrictions and conditions:
a. The woods along the south and east boundary of the site will be preserved.
b. A perimeter fence with a "wrought" iron appearance, with taller posts topped by a
decorative finial at the corner of each lot will be installed along the perimeter of the site.
The setback of the fence will be 50' minimum from the existing curb. Rows of shrubbery
between the fence and sidewalk will be installed to obtain privacy. The distance from the
fence and back of sidewalk will be a minimum of 12-feet. The developer, and later an
H.O.A., will take responsibility for maintenance and irrigation of the approximately 3-
acre perimeter landscape area.
c. Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay
brick or stone for all vertical surfaces with a direct load path to the foundation.
d. The following restrictions and conditions shall apply to single-family detached homes:
o Street right-of-way shall be a minimum of 56 feet.
o Parkway width shall be a minimum of 9 feet.
o Sidewalk width shall be a minimum of 5 feet.
o Front yard setback shall be a minimum of 15 feet.
o Side yard setbacks shall be a minimum of 6 feet.
o Rear yard setback shall be a minimum of 10 feet, except for Rear Entry Garages.
o Rear yard setback shall be a minimum of 20 feet if garages are accessed through
the rear of the property.
o Front Entry Garages shall be setback 12 feet from the front most wall of that unit.
o Three -car Garages shall not face the street.
Notwithstanding the above real property description, the property being rezoned includes all
property to the centerline of all adjacent street right -or -way.
SECTION 3. The City's official zoning map is amended to show the change in zoning
district classification and 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 affect the validity of the
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 sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 6. 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 0 day of / , 2007.
CWJ
RR cNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: i
APPROVED AS TO LEGAL FORM:
Exhibit A
DESCRIPTION OF PROPERTY SURVEYED
SITUATED in the city of Denton, Denton County Texas, being a tract of land in the N. H. MEISENHEIMER
SURVEY, Abstract No. 810 and the ROBERT BEAUMONT SURVEY, Abstract No. 31 and being a portion of
that certain tract conveyed to Rayzor Investments Ltd., as Tract One in Section 5, in deed recorded in
Volume 1796, Page 601 of the Real Property Records of Denton County, and said tract being more fully
described as follows:
BEGINNING at the northwest corner of Lot 1, Block 1, Gateway Addition, as shown on plat thereof
recorded in Cabinet K, Slide 238, of the Plat Records of Denton County for the southwest corner of a
remainder of said Rayzor Investments Tract One in the east line of that certain Tract III conveyed to the
City of Denton by deed recorded in Volume 695, Page 669, of said Real Property Records, said point
being on a curve whose center bears North 82 degrees, 44 minutes, 43 seconds West, 2293.00 feet, and
from said point a 1 /2" iron rod found in place bears North 88 degrees, 36 minutes, 20 seconds West, 0.30
foot;
THENCE northerly with said curve and with said east line of City of Denton Tract III for the west line of
said Rayzor tract remainder, passing the northeast corner of said City Tract III and the southeast corner
of that certain Tract I conveyed to the City of Denton by said deed recorded in Volume 695, Page 669,
and continuing with the east line of said Tract I and said curve, in all a distance of 948.72 feet to a "RPLS
1640" capped 5/8"iron rod set for the northwest corner of said Rayzor tract remainder, in the
southeasterly line of that certain tract conveyed to the City of Denton as Tract I by deed recorded in
Volume 697, Page 207 of said Real Property Records;
THENCE North 46 degrees, 19 minutes, 50 seconds East, with the northerly line of said Rayzor tract
remainder and said southeasterly line of City Tract I in Volume 697, Page 207, at 16.45 feet passing an
"RPLS 1640" capped 5/8" iron rod set for reference, crossing the existing pavement of Windsor Drive, a
publicly maintained roadway, continuing in all 104.66 feet;
THENCE North 71 degrees, 38 minutes, 30 seconds East with the common line of said Rayzor tract.
remainder and said City Tract I in Volume 697, Page 207, again crossing said Windsor Drive pavement, in
all 737.20 feet to the west corner of that certain tract conveyed to Rayzor Investments by Correction
instrument recorded in Volume 3441, Page 883, of,said Real Property Records;
THENCE with the northerly and east lines of said Rayzor Investments tract for southerly and west lines of a
remainder of said City Tract I recorded in Volume 697, Page 207, the following courses and distances:
North 60 degrees, 38 minutes, 10 seconds East, 177.67 feet to the beginning of a curve
whose center bears South 29 degrees, 21 minutes, 50 seconds East, 484.52 feet;
easterly with said curve 231.94 feet to an "RPLS 1640" capped 5/8" iron rod set for the
end of said curve at the northeast corner of said Rayzor tract described in Volume 3441,
Page 883; and,
South 0 degrees, 53 minutes, 45 seconds West, 24.43 feet to the southeast corner of said
Rayzor tract described in Volume 3441, Page 883, in the southerly line of said City Tract I
in Volume 697, Page 207:
THENCE North 71 degrees, 38 minutes, 30 seconds East with said southerly line of City Tract I recorded in
Volume 697, Page 207, 15.37 feet to a southeast corner of said City Tract I in the existing pavement of
Hinkle Drive, a publicly -maintained roadway;
THENCE North 0 degrees, 53 minutes, 45 seconds East with the east line of said City Tract I in said Hinkle
Drive pavement, 29.97 feet to the southwest corner of that certain tract of land conveyed to the City of
Denton as Tract 1 in deed recorded in Volume 1 163, Page 216, of said Real Property Records;
THENCE South 89 degrees, 00 minutes, 30 seconds East, 18.82 feet to the southeast corner of said City
Tract 1 recorded in Volume 1163, Page 216, in the east line of said Rayzor Investments tract and in the
occupied center of said Hinkle Drive;
THENCE with the said east line of Rayzor Investments tract and said occupied center of Hinkle Drive,
South 1 degree, 17 minutes, 30 seconds West, 1282.43 feet, and South 0 degrees, 55 minutes, 25 seconds
West, 146.72 feet to the southeast corner of said Rayzor Investments tract, from which point a "H&N"
capped 1 /2" iron rod bears North 88 degrees, 36 minutes, 20 seconds West, 32.77 feet;
THENCE North 88 degrees, 36 minutes, 20 seconds West with the south line of said Rayzor Investments
tract remainder, at 30 feet passing the northeast corner of said Lot 1, Block 1, Gateway Addition and
continuing with the north line of said Lot 1, 1078.45 feet to the PLACE OF BEGINNING, and containing
30.7036 acres (1,337,448 square feet), of which 0.5298 acre (23,080 square feet) lies within the probable
limits of Windsor Drive (based on Windsor Drive being an 80 foot wide right-of-way and the existing
pavement being the eastbound (south) lanes of a divided roadway, and 0.9759 acre (42,510 square
feet) lies within Hinkle Drive (based on one-half of a 60 foot wide right -of- way), leaving a net area of
29.1978 acres (1,271,858 square feet).
THIS DESCRIPTION PREPARED TO ACCOMPANY A SURVEY MAP OF THE DESCRIBED PROPERTY
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