2014-075s :Uegal \our documents \ordinances \14\zl3- 0010.doc
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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
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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
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23.57 ACRE TF-ACT
SITUATED IN THE I HSHER SURVEY, ABSTKkCT 421
D=ON COLNTY. TEXAS
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