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2014-075s :Uegal \our documents \ordinances \14\zl3- 0010.doc •�� • ! ' 1 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR REZONING OF AN APPROXIMATELY 54.25 ACRE TRACT OF LAND; SPECIFICALLY BY REZONING 30.56 ACRES FROM NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) WITH OVERLAY CONDITIONS TO A NEIGHBORHOOD RESIDENTIAL 6 (NR -6) ZONING DISTRICT WITH OVERLAY CONDITIONS, AND AMENDING OVERLAY CONDITIONS ON THE REMAINING 23.57 ACRES OF THE SITE WHICH WILL REMAIN AS NRMU. THE SUBJECT PROPERTY IS GENERALLY LOCATED AT THE NORTHWEST CORNER OF RYAN ROAD AND TEASLEY LANE, AND IS LEGALLY DESCRIBED AS A 54.2517 ACRE TRACT SITUATED IN THE J. FISHER SURVEY, ABSTRACT 1018, IN 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. (Z13 -0010) WHEREAS, on February 19, 2008, the City Council adopted Ordinance No. 2008 -045 which rezoned the Property to NRMU, and imposed overlay restrictions; and WHEREAS, Bob Shelton (Bob Shelton Enterprises), has applied for a change in zoning for approximately 54.25 acres of land divided into two zoning districts, Tract A and Tract B where Tract A is approximately 30.65 acres to be rezoned from Neighborhood Residential Mixed Use (NRMU) to Neighborhood Residential 6 (NR -6) zoning district classification and use designation, together with new overlay conditions, and Tract B is approximately 23.57 acres to remain zoned as NRMU zoning district classification and use designation, but with new overly conditions, as legally described in Exhibit A and Exhibit B, attached hereto and incorporated herein by reference (hereinafter, the 66Property99); and WHEREAS, there are three existing permitted gas well drilling and production sites within 1,200 feet of the proposed NR -6 zoning platted and known as GWP03 -0037, GWP04- 0015 and GWP06 -004; WHEREAS, The Denton Plan specifies goals for diversity of housing, incorporation of open space, and connectivity to neighborhood serving commercial uses for new neighborhood developments; WHEREAS, The Denton Plan specifies accommodating 27,000 new single family homes by 2020; WHEREAS, The Denton plans call for design quality, adequacy of public facilities, amenities provision, and compatibility with existing neighborhoods when evaluating appropriate residential land use classifications; WHEREAS, Subchapter 35.5.2.4. of the Denton Development Code allows for a Mixed Use Residential Protection Overlay where a rezoning proposes commercial uses adjacent to residential uses; WHEREAS, on February 5, 2014, the Planning and Zoning Commission held a public hearing as required by law, and upon conclusion recommended approval of the requested change in zoning, together with the overly conditions; and WHEREAS, on March 4, 2014, the City Council held a public hearing as required by law, and upon conclusion finds that overlay restrictions are necessary to address the concerns regarding the construction of homes in close proximity to the existing gas well site, concerns regarding connectivity and proximity of homes adjacent to commercial uses, concerns with consistency with The Denton Plan, and concerns with clarity of the existing overlay restriction language; 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. Ordinance No. 2008-045 is hereby superseded and replaced with this Ordinance. SECTION 3. The zoning district classification and use designation for Tract A of the property is hereby changed from NRMU with overly restrictions to NR-6 subject to the following overlay restrictions: Tract A. A. Diversity of Housing Types 1. A minimum of eight lots will front or side to an open space with amenities, maintained by the HOA. 2. A minimum of ten lots will back to open space maintained by the HOA. B. Compatibility with Future Commercial Development 1. A landscaped median or other approved landscaped traffic calming device per the City of Denton Transportation Criteria Manual shall be used on Hunter's Creek Road near the entrance to the neighborhood. 2. Pedestrian connectivity shall be set up to be provided in three locations, along Hunter's Creek Road, going up to Teasley on the north side of the property and along Ryan Road from the south side of the property. 3. Cul-de-sacs shall provide pedestrian access through to the next closest street. 4. Lots backing to NRMU or commercially zoned areas shall have an increased lot depth by at least ten feet from the average lot or be separated by a HOA maintained open space. C. Open Spaces. There shall be a minimum of two open space areas with amenities provided for residents. I One open space amenity area is adjacent to the existing creek, a portion of the creek area shall be incorporated as an open space amenity for the neighborhood. a. The width of the open space fronting the street shall be a minimum of 60 feet wide. b. Tree canopy cover in the open space next to the creek shall be a minimum of 70%, excluding any utility easements, drainage easements, and environmentally sensitive areas. c. At least three of the following amenities shall be provided: i. Sidewalk or Path; ii. Benches; iii. Gazebo or pavilion; iv. Playground equipment; V. Bicycle racks; vi. Pond; vii. Picnic tables; viii. Other comparable items proposed by the developer and approved by City Staff. 2. To preserve trees, a portion of the western edge of the site will be set aside as an Open Space lot to be maintained by the HOA. a. Homes may side or front to this open space but shall not back to this open space. b. At least two of the following amenities shall be provided: i. Benches; ii. Educational plaques about existing native tree species found on the property; iii. Sidewalks or trails; iv. Picnic table; or V. Other comparable items proposed by the developer and approved by City Staff. D. Notification of gas wells within 1,200 feet 1. Developer, and his successors or assigns, shall notify purchasers of lots in the Property that are within 1,200 feet of gas well Pad Sites, including those pad sites shown on gas well plats GWP03-0037, GWP06-0004 and GPW04-0015, about the location of those gas well pad sites through all of the following mechanisms: a. A note shall be placed on the residential plat identifying the gas well pad sites within 1,200 feet. Said note shall also include a statement that FO-MAJOW advises lot purchasers the existence of producing wells, as well as the possibility that the wells may be re-drilled and/or re-fracked in the future. b. There shall be included in: i. the subdivision's Declaration of Restrictive Covenants; or a restriction in the Deeds for all subdivision lots; ii. the same information described in subsection D. La. above. SECTION 4. The zoning district classification and use designation for Tract B of the property is hereby changed from NRMU with overly restrictions to NRMU subject to the following overlay restrictions: Tract B A. No Multi-Family dwellings are permitted. B. The entirety of Tract B may be developed for commercial uses per the Neighborhood Residential Mixed Used Zoning District as heretofore amended and all other applicable regulations in the Denton Development Code and Code of Ordinances as heretofore amended. Notwithstanding the attached real property description, the property being rezoned includes all property to the centerline of all adjacent street rights-of-way SECTION 5. The City's official land use map is amended to show the change in the land use designation. SECTION 6. 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 7. 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 8. 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. L'ASSED AND APPROVED this the _1L day of ___ t ;D - 1-, 2014. 11 RN, R ATTEST: JENNIFER WALTERS, CITY SECRETARY m API BY: LEGAL DESCRIPTION E'-UlMrr.k-TRACT A ES HON 30.56 ACRE TR-ACT STMATED IN THE I FISHER SUR-VEY, ABSTRACT 421 DENTON COUTrY, TEXAS PAGE 6 ENMIT A-TIC: T B DE-SCRIPFIO,"\' 23.57 ACRE TF-ACT SITUATED IN THE I HSHER SURVEY, ABSTKkCT 421 D=ON COLNTY. TEXAS �.ei -�3