HomeMy WebLinkAbout2007-130- -- I SAOur Documents\0rdinances\07\Z06-0035 Camvy Club Village Overlay.dec
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN OVERLAY
DISTRICT ON APPROXIMATELY 77.628 ACRES OF LAND LOCATED ON THE EAST SIDE
OF FORT WORTH DRIVE AT FAIRWAY DRIVE CURRENTLY ZONED WITH A BASE
ZONING CLASSIFICATION AND USE DESIGNATION OF NEIGHBORHOOD RESIDENTIAL
2 (NR-2), AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT
A, ATTACHED HERETO, AND DEPICTED ON EXHIBIT B ATTACHED HERETO;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
(Z06-0035)
WHEREAS, the Spring Brook Planning Group initiated a rezoning process for that certain
tract of land described by the metes and bounds description in Exhibit "A", and depicted in Exhibit
"B", attached hereto and made a part hereof by reference (the "Property"); and
WHEREAS, the owner of the Property supports the rezoning of the Property to provide for an
overlay district containing the provisions in Section 2 of this ordinance in addition to the restrictions
currently imposed by the base zoning classification and use designation of NR-2; and
WHEREAS, the zoning restrictions modified by this overlay would allow and require
construction of larger homes with more landscaping and amenities than are currently required by the
base zoning classification and use designation ofNR-2, and which are more in keeping with the style
and scale of houses previously built in Phase I of the development under the prior base zoning
classification and use designation; and
WHEREAS, Chapter 245 of the Texas Local Government Code may prohibit the City from
unilaterally rezoning the property to a less dense base zoning classification with larger lots to achieve
these purposes, and the current base zoning classification cannot accommodate these larger and more
harmonious homes without these additional overlay requirements; and
WHEREAS, on May 9, 2007, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommended approval of the overlay district; and
WHEREAS, Sections 35.7.1, 35.7.2 and 35.7.3 of the Denton Development Code authorize
the City Council to approve overlay districts to protect and enhance certain specific lands and
structures which, by virtue of their type or location, have characteristics which are distinct from lands
and structures outside such special districts and contain such reasonable and necessary requirements
to insure the protection and enhancement of said land and structures. Further, the overlay districts are
authorized to establish specific design standards and development regulations to effectuate the
purpose of the district;
WHEREAS, the City Council makes the following findings:
i
A. The overlay district herein defined, is consistent with the Comprehensive Plan;
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and
B. The overlay district herein defined will protect and enhance the Property and
surrounding area which are distinct from lands and structures outside of the
overlay district and the immediate neighborhood; and
C. The regulations imposed in the overlay district serve important and substantial
public interests by preserving the integrity of the neighborhood surrounding the
overlay district; 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.
SECTION 2. The overlay district (the "Overlay District") contains the following additional
regulations:
A. Maximum lot coverage of 60%.
B. Minimum landscaped area of 40%.
C. Block length no greater than 900 feet. Note: Long block lengths are allowed to exceed the
base 600 foot requirement to a maximum of 900 feet, as long as, the average lot width along
the street with the long block remains equal to or greater than 94 feet with no lot width
smaller than 80 feet. Block length may also meet existing current Denton Development Code
requirement of 1,200 feet if average lot width within the block equals or exceeds 100 feet.
D. Cul-de-sac length no greater than 400 feet. Cul-de-sac lengths are allowed to exceed the 300
foot requirement to a maximum of 400 feet, as long as the average lot width along the cul-de-
sac remains equal to or greater than 94 feet, with no lot narrower than 80 feet. The average
lot width does not include the lots on the "knuckles" or on the bulbs of the cul-de-sac (the
"odd" shape lots). Blocks 600 feet or less in width will meet the current code requirements.
E. Minimum side yard of 8 feet on lots that front streets located to the south of the existing
Fairway Drive. All proposed lots fronting on Fairway Drive and Club View Drive shall meet
the current Denton Development Code requirements of 10 foot side yard setbacks.
F. Single -story structures shall not contain less than 2,700 square feet of fully enclosed floor
area devoted to living purposes, measured from exterior wall to exterior wall.
G. Two-story structures shall not contain less than 3,000 square feet of fully enclosed floor area
devoted to living purposes, measured from exterior wall to exterior wall.
H. At least eighty percent (80%) of the exterior walls of the first floor (excluding doors and
windows) shall be masonry construction. Roofs shall have a minimum pitch of 8:12.
I. All fences, except those adjacent to a gas well, shall be wrought iron or tubular steel.
J. Each lot shall conform to the following additional landscape requirements:
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1. Three (3) or more trees located in the front yard (and side yard for corner lots), with a
combined size of at least fifteen (15) caliper inches;
2. Sod in the front and side yards, with hydromulch allowed in the rear yard; and
3. Irrigation throughout the yard (front, side and rear).
SECTION 3. 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 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, 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 day ofQ9AL 2007.
PERRY . MCNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
I
APPROVED AS TO LEGAL FORM:
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Exhibit A
Metes and Bounds Description of the Property
TRACTI A
PROPERTY DESCRIPTION
STATE OF TEXAS:
COUNTY OF DENTON:
RFING a 12.093 acre tract of land situated in the George W. Daugherty Survey, Abstract No.
351 and the H.H. Haygood Survey, Abstract No. 517, City of Denton, Denton County. Texas,
being a portion of that tract of land described in deed to Carmen Investments. Inc., recorded in
Volume 4747, Page 1842, Deed Records, Denton County, Texas (DRDCT) and being more
particularly described as follows:
COMMENCING at a 1/2" rebar capped set at the intersection of the southeasterly line of U.S.
Highway No. 377 (called 120' R.O. W„ adjoining R.O.W, per Volume 288. Page 483, DRDC'I),
with the northeasterly line of Fairway Drive (100' R.O.W. at this point per Cabinet U, Slide 862
of the Plat Records of Denton County, Texas);
THENCE N 28*50'11" E, along the southeasterly tine of said U.S. I lighway No. 377 and a west
line of said Carmen tract, a distance of_240.05 feet to a 1/2" rebar found at the most westerly
northwest corner of said Carmen tract and the southwest corner of a tract of land as described in
deed to Hugh Z. Pruett, recorded in Volume 5055, Page 2973, DRDCT, from which a concrete
monument found bears N 28'50'11" 1- 529.91 feet (Deed 530.0 feet):
THENCE S 61009'49" E, departing the southeasterly line of said U.S. highway No. 377, along a
north line of said Carmen tract and the south line of said Pructt tract. a distance of 400.00 feet to
the POINT CIF BEGINNING of the herein described tract or land;
THENCE along the north and west lines of said Carmen tract and the south and east lines of said
Pruett tract, as follows:
S 61 °09'49" E, a distance of 20.00 feet to a U2" rebar found at the point of curvature of a
non tangent curve to the left, having a radius point that bears N 28°45'38" E. 363.06 feet;
Southeasterly, along said curve, having a central angle of 27' 11' 15", an arc distance of
172.28 feet (Deed 172.67 feet) and a chord that bears S 74°50'00" E, 170,67 feet to a V2"
rebar found at the point of tangency, from which a 1/2" rebar capped found bears
N 76*47' E, 0.21 feet;
S W25'38" E, a distance of 17.11 feet (Deed 17.00 feet) to 314" rebar found at a
reentrant comer of said Carmen tract and the southeast comer of said Gatlin tract;
N 23°37'58" E, a distance of 1057.26 feet to the most northerly northwest corner of the
herein described tract of land, from which a 1/2" rchar found bears N 23°37'58" E, 65.55
feet;
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THENCE" GIST, departing the east line of said Pruett tract.. traversing said Carmen tract, a
distance of 132.05 feet;
THENCE S 29029'52" E. traversing said Carmen tract, at a distance of85.00 feet passing a 1/2"
rebar capped set at the northwest corner of County Club Village, Phase I-B, an addition to the
City of Denton, Denton County, Texas as recorded in Cabinet V, Slide 446, PRDCT, continuing
a total distance of 296,82 feet to a 12" rchar capped set the northwesterly line of
aforcmcntioned Club View Drive (50' R.O.W. per Cabinet Li, Slide 862, PRDCf), being the
southwest comer of said County Club Village, Phase I-B;
THENCE along the westerly line of said Club View Drive, as follows
Southwesterly, along a non tangent curve to the left, having a radius point that bears
S 29029'52" E, 300.00 feet, a central angle of 19'05'55", an are distance of 320.39 feet
and a chord that bears S 29'5424" W, 305.38 feet to a 1/2" rebar capped set at the point
of reverse curvature of a curve to the right, having a radius of 550,00 feet;
Southwesterly, along said curve, having a central angle ot'23046'27", an arc distance of
228.22 feet and a chord that bears S 11'l 155" W, 226.58 feet to a 1/2" rebar capped set
at the pointoftangcncy;
S 23'05'08" W, a distance of 6.51 feet to a 12" rebar capped set at the point of curvature
of a curve to the left, having a radius of 825.00 feet;
Southwesterly, along said curve, having acentral angle of2924'10", an arc distance of
423.37 feet and a chord that bees S 08'23VY W, 418.74 feet to a 1/2" rebar capped set;
S 3405447" W, non tangent to said curve, a distance of 14.96 feet to a 12" rebar capped
set at the intersection with the northerly line of said Fairway Drive;
THENCE along the northerly line of said Fairway Drive, as f<tllows:
Southwesterly, along a non tangent curve to the left, having a radius point that bears
S 13040'07" E, 1800.00 feet, a central angle of 03'49'41 ", an arc distance of 120.26 feet
and a chord that bears S 74'25'02" W, 120.24 feet to a 1/2" mbar capped set at the point
oftangcncy;
S 72'30' 12" W, a distance of 20.72 feet to a 1./2" rebar capped set at the point of
curvature of a curve to the right, having a radius of 775.00 feet;
Northwesterly, along said curve, having a central aright nf44'tS'49", tm art; distance of
598.72 feet and a chord that bears N 85021 ;54" W, 583.94 feet to a 12" rebar capped set
at the point of compound curvature of a curve to the right, having a radius of 265.50 feet;
Northwesterly, along said curve, having a central angle of I09610", an arc distance of
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49.13 feet and a chord that bears N 57'55'55" W, 49,06 feet to the southwest corner of
the herein described tract of land;
THENCE N 29050'11" E. a distance ol'261.79 fect to the POINT OF BEGINNING and
containing 12.093 acres of land.
NOTE:
Bearings arc referenced to the final plat of County Club Village, Phase I -A. recorded in Cabinet
U. Slide 862 urthe Plat Records orDenlon County, Texas.
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TRACTIB
PROPERTY DESCRIPTION"
STATE, OF TEXAS:
COUNTY OF DENTON:
BEING a 62.535 acre tract of land situated in the George W. Daugherty Survey, Abstract No.
351, the H.H. Haygood Survey, Abstract No. 517 an,9 the William Hudson Survey, Abstract No.
586. Citv of Dentin, Denton County,'I'exas, being a portion of that tract of land described in
deed to Carmen Investments, Inc., recorded in Volume 4747, Page 1842, Deed Records, Denton
County, Texas (DRDC') and being more particularly described as follows:
COMMFNCiNG at a 1/2" rcbar capped set at the intersection of the southeasterly line of U.S.
Highway No. 377 (called 120' R.O.W., adjoining R.O.W. per Volume 288, Page483, DRDCI),
with the southwesterly line of Fairway Drive (100' R.O.W. at this point per Cabinet U, Slide 862
of the Plat Records of Benton County, Texas);
THENCE S 280501 1" W, along the southeasterly line of said U.S. Highway No. 377, a distance
of 400.00 feet to the POINT OF BEGINNING of the herein described tract of land;
THENCE S 6100949" E, departing the southeasterly line of said U.S. Highway No. 377,
traversing said Carmen tract, a distance of 400,00 feet;
THENCE N 28*50'11" E, traversing said Carmen tract, a distance of 419,04 feet to a point in the
southerly line of aforementioned Fairway Drive;
TI IENCE along the southerly line of said Fairway Drive, as follows:
Southeasterly, along a non tangent curve to the right, having a radius point that bears
S 16'0135" W, 265.30 feet, a central angle of 10'49'1 I an arc distance of 50.14 feet
and a chord that bears S 68"33'50" E, 50.06 lect to a 1,12" rebar capped set at the point of
reverse curvature of a curve to the left, having a radius of 825.00 feet;
Southeasterly, along said curve, having a central angle of 442V34", an arc distance of
638.49 feet and a chard that bears S 85'1931" E, 622.68 feet to a 1/2" rebar capped set at
the point of tangency;
N 72030'12" E, a distance of 20.72 feet to a 112" rebar capped set at the point of curvature
of curve to the right, having a radius of 1750.00 feet;
Northeasterly, along said curve, having a central angle of 30'38'33", an arc distance of
935.92 feet and a chord that bears N 87"49.28" F 924.80 feet to a 1/2" rebar capped set
at the point of tangency;
S 76'51'l6" E, a distance of 170.82 feet to a 1/2" rebar capped set at the point of
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curvature of a curve to the left, having a radius of 30(1.00 feet;
Southeasterly, along said curve, having a central angle of 20°27'28", an are distance of
107.12 feet and a chord that bears S 87005'00" E, 106,55 feet to a 12" rebar capped set at
the northwest corner of Lot 23, Block 1 of Country Chub Village. Phase 1-A, an addition
to the City of Denton, Denton County, Texas as recorded in Cabinet U. Slide $62,
PRDCT;
THENCE S 2604701" E, departing the southerly line of said Fairway Drive, non tangent to said
curve, along the west line of said Lot 23. Block 1, a distance of 141.88 feet to a 112" rebar capped
set at the southwest corner of said Lot 23, Block 1;
THENCE S 89028'28" E, along the south line of said Lot 23. Block 1, a distance of 339.11 feet to
a 12" rebar capped set at the southeast comer of said Lot 23, Block I, said point lying in the east
line of said Carmen tract and the west line of a tract of land (Third Tract) as described in deed to
Denton County Club, recorded in Volume 199, Page 453, DRDCT.
THENCL S 06020'22" W, along the cast line of said Carmen tract and the west line of said
Denton County Club Third Tract, a distance of 395.15 feet to a railroad crosstie fence eomcr post
found at a southeast comer of said Carmen tract, said point lying in the north line of a tract of
land as described in deed to H.B. Bly, recorded in Volume 1913, Page 741. DRDCl';
THENCE N 88014'40" W, along the south line ofsaid Carmen tract and the north line of said Bly
tmct, a distance of 145292 feet to a 12" rebar found at a reentrant corner of said Carmen tract
and the northwest corner of said Bly tract;
THENCE S 01036'29" W, along the cast line of said Carmen tract, a distance of 1032.35 feet
(Deed 1032.26 feet) to a 112" rebar capped set at the location of a 2-12" steel pipe previously
found (now obliterated) at the most southerly southeast comer of said Carmen tract, from which a
12" rebar found bears S 01008'15" W, 1428,53 feet (Deed 1428.99 feet) and a 60d nail found
bears S 73°4F E, 0,69 feet;
THENCE S 80029*48" W, along the south line of said Carmen tract, the north line of a tract of
land as described in Exhibit "A" of deed to Doyle Thompson, Jr., recorded in Volume 1175, Page
312, DRDCT, a distance of 1049.42 feet to the southwest corner of the herein described tract of
land and the Southeast comer of a called 3.333 acre tract of land as described in deed to Argyle
United Methodist Church, recorded in document number 005-161335, DRDCT, from which a 2-
12" steel pipe found bears S 80°29'48" W, 802.64 feet;
THENCE N 01036'29" E, departing the south line of said Carmen tract and the north line of said
Thompson tract, along the cast line of said called 3.333 acre Chttrrh )raet, a distance of 6(!).78
feet to the northeast corner of said called 3.333 acre Church tract;
THFNCF. N 61 "09'49" W, along the north line of said called 3.333 acre Church tract and the
north line of a 14.084 acre tract of land as described in deed to Argyle United Methodist Church,
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recorded in Volume 5167, Page 1076. DRDCT, a distance of 713.61 feet to a 1(2" rebar capped
set in the easterly line ofatorementioned U.S. Highway No. 377, being the most northerly comer
of said 14.084 acre Church tract;
THENCE N 2805011" E, along the southeasterly line of said U.S. Highway No. 377 and the
northwesterly line of said Carmen tract, a distance of 649.08 feet to the POINT OF BEGINNING
and containing 62.535 acres of land.
NOTE:
Bearings are referenced to the final plat of County Club Village, Phase I -A, recorded in Cabinet
U, Slide 862 of the Plat Records of Denton County, Texas.
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Exhibit B
Property Depiction
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