2011-0661\codad\departments\legal\our documents\ordinances111\z10-0007 Ordlnance.doe
ORDINANCE NO. 2011-066
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 (NRMU-12) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNTION, WITH AN OVERLAY DISTRICT, ON 6.836 ACRES OF LAND LOCATED
AT THE NORTHEAST CORNER OF GLENWOOD LANE AND EAST UNIVERSITY
DRIVE (U.S. 380), SITUATED WITHIN THE J.Q. LILLY SURVEY, ABSTRACT NO. 762,
WITHIN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE. (Z10-0007)
WHEREAS, Spring Brook Planning Group, has applied for a change in zoning for
approximately 6.836 acres of land 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
(NRMU-12) zoning district classification and use designation, with an overlay district; and
WHEREAS, on October 20, 2010, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommended approval of the change in zoning, with a
restrictive overlay limiting uses and imposing additional restrictions (the "Overlay").
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 a Neighborhood Residential 3 (NR-3) zoning district classification and use
designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district
classification and use designation, as further restricted by the above-recommended Overlay
district requirements, as specified above in the Recitals.
All uses permitted within the NRMU-12 zoning district are permitted on the subject site
as described in Exhibit A of the ordinance, except for Laundry Facilities, Attached
Single-family Dwellings, Multi-family Dwellings, Dwellings Above Businesses,
Daycares (Child or Adult), Group Homes, Gas Wells, and Semi-public Halls, Clubs and
Lodges.
a. The only structures allowed within 150 feet of the northern property line shall be
professional service and office uses. Parking is permitted within 20 feet of the
northern property line.
2. An eight-foot high solid screen fence (good side out) shall be installed per the
requirements of the Denton Development Code, constructed with steel posts and decorative
caps, in the locations specified within Exhibit B of the ordinance, attached hereto and
incorporated herein by reference, and is subject to further restrictions as follows:
a. The fence shall be constructed in accordance with Section 35.13.9 of the Denton
Development Code.
b. The fence shall be constructed in the required buffer yard adjacent to the property
line in lieu of the required buffer shrubs.
c. All required buffer trees shall be planted in accordance with the requirements of
the Denton Development Code.
d. If the fence is constructed of wood, the wood shall be cedar.
3. In the event that single family detached, single-family attached or duplex structures are
not developed adjacent to Glenwood, a 6-foot high wrought iron style fence shall be
installed per the requirements of the Denton Development Code in the locations specified
within Exhibit B of the ordinance, attached hereto and incorporated herein by reference, and
is subject to the following additional buffer restrictions:
a. The fence shall be constructed of tubular steel.
b. A "Type C" buffer shall be planted adjacent to the fencing in accordance with
Section 35.13.8 of the Denton Development Code.
c. Perimeter fences are not required where they interfere with access roads and
driveways.
4. The following architectural standards shall be incorporated into proposed buildings:
a. Architectural elements such as prominent entries, offsets or recesses along all
sides, decorative wall and roof vents and gable features shall be incorporated into
the design of buildings;
b. All windows shall be Double Insulated windows with thermal break and no
mirrored glass;
c. The minimum roof pitch shall be 4:12 and the maximum roof pitch shall be 10:12;
d. New buildings shall incorporate alternating roof plate heights;
e. Shingles (if used) shall be a minimum 30 year architectural style composition
shingle;
Page 2 of 11
f. The exterior of all new structures shall be constructed of one hundred percent
(100%) masonry (excluding doors windows, dormers and trim). For the purposes
of this ordinance masonry includes brick, stone and stucco; and
g. Building height shall be limited to one story and shall not exceed thirty-two (32)
feet.
5. Exterior lighting shall be shielded so as not to shine onto adjacent properties. No pole
lighting shall be allowed within 150 feet of the northern property line.
6. All trees planted in the buffer yards shall be a minimum of four inches (4") to six inches
(6") dbh and a minimum of twenty feet (20') high.
7. Notwithstanding any previously approved Code provision or development standard to the
contrary, the Property may receive Final Plat approval for an application that proposes
exclusive access from University Drive (US Highway 380), provided that all driveway
locations otherwise meet applicable Code requirements, development standards and
design criteria standards, and further provided that all driveway locations receive
approval of the Texas Department of Transportation (TxDOT) prior to plat approval.
Any proposed final plat application for development of the Property which does not
restrict vehicle access to the Property exclusively from University Drive (US Highway
380) shall additionally require specific use permit (SUP) approval prior to plat approval,
and in that event, such SUP approval is limited in scope to a site plan review to minimize
adverse traffic impacts upon the surrounding neighborhood.
SECTION 3. Notwithstanding the attached real property description, the Property being
amended includes all property to the centerline of all adjacent street rights-of-way.
SECTION 4. The City's official land use map is amended to show the change in land use
designation.
SECTION 5. 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 provision of this ordinance are severable.
SECTION 6. 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 7. 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.
Page 3 of 11
I/
PASSED AND APPROVED this the h
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: Qiohjrw~ /J)/7 o~4 s/ J
APIMOVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: nA
Page 4 of 11
EXHIBIT A
LEGAL DESCRIPTION
Porter Property Description
1411 E. UNIVERSITY DRIVE
FIELD NOTES TO ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE J.Q. LILLY
SURVEY, ABSTRACT NUMBER 762, AND BEING PART OF A TRACT OF LAND DESCRIBED
IN THE DEED TO DONALD L HUTCHERSON AND WIFE, FRANCES R. HUTCHERSON, AS
RECORDED IN COUNTY CLERK'S FILE NUMBER 2003-201235 OF THE REAL PROPERTY
R E C O R D S OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT AT A 112"
CAPPED IRON ROD SET FOR CORNER IN THE SOUTH LINE OF LOT 11, BLOCK'0', OF
CRESTWOOD HEIGHTS, EXTENSION #2, AN ADDITION TO THE CITY OF DENTON,
TEXAS., AS RECORDED IN VOLUME 2, PAGE 13, OF THE PLAT RECORDS OF DENTON
COUNTY, TEXAS, AND AT THE NORTHWEST CORNER OF LOT 1, BLOCK 1, OF THE
NOLES ADDTION TO THE CITY OF DENTON, AS RECORDED.IN CABINET F, SLIDE 359,
OF SAID PLAT RECORDS AND AT THE NORTHEST CORNER OF SAID HUTCHERSON
TRACT;
THENCE SOUTH 00 DEGREES 04 MINUTES 58 SECONDS EAST WITH THE WEST LINE OF
SAID NOLES ADDITION AND THE EAST LINE OF SAID HUTCHERSON TRACT A DISTANCE
OF 87.70 FEET TO A CAPPED IRON ROD SET FOR CORNER IN THE NORTH RIGHT-OF-
WAY LINE OF UNIVERSITY DRIVE AT THE SOUTHWEST CORNER OF SAID NOLES
ADDITION;
THENCE THE FOLLOWING FOUR CALLS WITH SAID NORTH RIGHT-OF-WAY LINE OF
UNIVERSITY DRIVE:
1. SOUTH 70 DEGREES 12 MINUTES 40 SECONDS WEST A DISTANCE OF 848,85 FEET
TO A'/2' CAPPED IRON ROD SET FOR CORNER;
2. SOUTH 64 DEGREES 30 MINUTES 01 SECONDS WEST A DISTANCE OF 100.50 FEET
TO AT' CAPPED IRON ROD SET FOR CORNER;
3. SOUTH 70 DEGREES 12 MINUTES 40 SECONDS WEST A DISTANCE OF 106.21 FEET
TO AT' CAPPED IRON ROD SET FOR CORNER;
4. NORTH 74 DEGREES 40 MINUTES 25 SECONDS WEST A DISTANCE O F 86.46 FEET
TO A'/ CAPPED IRON ROD SET FOR CORNER IN THE EAST RIGHT-OF-WAY LINE OF
GLENWOOD LANE;
THENCE NORTH 01 DEGREES 45 MINUTES 28 SECONDS EAST WITH THE EAST RIGHT-
OF-WAY LINE OF GLENWOOD LANE A DISTANCE OF 83.25 FEET TO A CAPPED IRON
ROD SET CORNER IN THE NORTH LINE OF SAID HUTCHERSON TRACT AND IN THE
SOUTH LINE OF SAID CRESTWOOD HEIGHTS EXTENSION #2;
THENCE NORTH 89 DEGREES 34 MINUTES 25 SECONDS EAST A DISTANCE OF 1.90 FEET
TO A CAPPED IRON ROD SET FOR CORNER IN THE EAST LINE OF GLENWOOD
LANE;
THENCE NORTH 00 DEGREES 25 MINUTES 35 SECONDS WEST WITH THE EAST LINE
OF GLENWOOD LANE AND A WEST LINE OF SAID HUTCHERSON TRACT A DISTANCE OF
343.88 FEET TO A'/z" CAPPED IRON ROD SET FOR CORNER;
THENCE NORTH 89 DEGREES 45 MINUTES 59 SECONDS EAST ALONG OR NEAR A
FENCE A DISTANCE OF 1070.75 TO THE PLACE OF BEGINNING AND ENCLOSING 6.836
ACRES OF LAND MORE OR LESS.
Page 5of11
The fi~llolZ in, tables illustrate the differences bet« een the NRN4T-J-12 and NR-3 districts:
Residential Land Use Categories
Agriculture
NRMU-
12
P
NR-3
P
LlvestoCl(
L(7)
Ld7)
Single Fancily Dwellings
P
P
Accessory Dwelling Jnits
L(1)
`'UP
L(1)
A'.l Ile l` I- `Dr- 11 D.VeIlInJS
P,
SUP
Dwellings Above Businesses
P
N
Live,'Nork Units
P
N
DUolexes
P
N
Comnwniy Homes For the Disabled
P
P
HrrC r'a
N,'ul'i-Far' vel m.i-I
N
Manufactured Housing De,aelogments
N
N
L(4) = ivitilti-family is peri-nitted only
1. With a Specific Use Permit. r_,f
2. As part of a Mixed-Use Development: or
3. As part of a ]Master Plan Development, Existing: or
4. If the development received zoning approval allm -ing multi-family use within one year prior
to the effective date of Ordinance No. 2005-224: or
5. If allowed by a City Council approved neighborhood (small area) plan.
Page 6 of 11
Commemial Land Use Categories
Home Occupation
P
P
Sale of Products Grown on Site
N
N
Hotels
N
N
Motels
N
N
B r r;' Er I fast
WT.''
N
Retail Sales _,.d
L11
N
Movie Theaters
N
N
Restaurant or Private Club
N
N
Drive-taarough Facility
N
N
Off rcr
L(14)
N
Quick Vehicle Servicing
N
N
Vehicle Repair
N
N
Auto and R`' Sales
N
N
'*,Laundry Facilities
N
N
Equestrian Facilities
N
N
indoor Recreation
N
N
Major Event Entertainment
N
N
Commercial Parking Lots
N
N
Administrative or Research Facilities
N
N
Broadcasting of Production Studio
N
N
Sexually Oriented Business
N
N
Temporary Uses
L(38i
L(38)
x--The applicant proposes to eliminate Laimdry Facilities as a perluitteil use tixithu7 the
restvictive overlaY district.
L(10) = All restrictions of L(S), but limited to no more than 5 west units,
L(13) = L ses are limited to iio more than 55,000 square feet of gross floor area per lot,
L(14) = t ses are limited to iio lore than 10,0170 square feet of gross floor area.
L(15) = Uses are limited to no more than 5.000 square feet of gross floor area per lot, An SLAP
is required for additional square footage for Semi-Public Halls, Clubs and Lodges.
Page 7 of 11
e Land Use Categorim
Printing t Publishing
NRMU-
12
N
NR-3
N
Bakeries
N
N
Manufacture of Non-odoriferous Foods
N
N
Feed Lots
N
N
Food Processing
N
N
Light Wnufacturing
N
N
Heavy Manufacturing
N
N
*Wholesale Sales
N
N
Wholesale Nurseries
N
N
Distribution Center
N
N
Wholesale Storage and Distribution
N
N
Self-service Storage
N
N
Construction Materials Sates
N
N
Junk Yards and Auto Wrecking
N
N
Kennels
N
N
Veterinar`f Clinics
N
N
Sanitary Landfills, Commercial
Incinerators, Transfer Stations
N
N
Gas Wells
I SNP
L(?7)
~UP
L(?7)
Page 8of11
Finstitational t Use Categories
B asic U" iiities
L(25)
L(25)
P
Parks and Open Coace
P
P
Churches
P
P
~r7~ c ill'c Hale:lu~_ ar~L:~ Qua.
L(15)
r_;_IF
2 s ness ' -rode School
N
N
AI,lt or Chdcl -Day are
KI" Jrl'02! tall, = 61'1171 ihJ tiCl'in=a
IF
h~NJ~Ie ch_~o1
P
High School
N
N
Colleges
N
N
Hospital
N
N
E'rlerly Hcj.wci
Lit:
Medical C&,,-ws
N
N
Cemeteries
N
N
Mortuaries
N
N
Page 9 of 11
EXHIBIT B
LOCATION MAP
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Page 10 of 11
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