2015-046sAlegal \our documents\ ordinances \15 \adp14 -0009 final.docx
ORDINANCE NO. 2015 -046
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING AN
ALTERNATIVE ENVIRONMENTALLY SENSITIVE AREA PLAN TO ALLOW FOR
RESIDENTIAL DEVELOPMENT WITHIN AN EXISTING ENVIRONMENTALLY
SENSITIVE AREA (ESA). THE APPROXIMATELY 12.68 -ACRE ESA IS LOCATED
WITHIN A PROPOSED 98 -ACRE SINGLE- FAMILY RESIDENTIAL
DEVELOPMENT (BEAVER CREEK), ON THE NORTHWEST CORNER OF NORTH
LOOP 288 AND STUART ROAD WITHIN A NEIGHBORHOOD RESIDENTIAL 4
(NR -4) ZONING DISTRICT; AND PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A
SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE. (ADP14- 0009).
WHEREAS, Pape- Dawson Engineers has applied for an Alternative
Environmentally Sensitive Area Plan, a copy of which is attached hereto and made a part
hereof as Exhibit "A" (the Alternative Environmentally Sensitive Area Plan), on
approximately 12.68 acres of land; and
WHEREAS, on January 21, 2015, the Planning and Zoning Commission
conducted a public hearing as required by law, and recommended approval (7 -0) of the
requested Alternative Environmentally Sensitive Area Plan to establish new boundaries,
as more particularly described in Exhibit B, attached hereto; and
WHEREAS, on February 21, 2015, the City Council conducted a public hearing
as required by law, and finds that the request meets and complies with all substantive and
procedural standards set for in Section 35.17.12 of the Denton Development Code, and is
consistent with the Denton Plan and the Denton 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 requested Alternative Environmentally Sensitive Area Plan is
hereby approved with the following conditions:
1. Prior to platting approval, the expanded ESA (approximately 4.99 acres as
reflected in Exhibit A and further detailed in Exhibit B) along the stream bank
must be deed restricted. The deed restrictions must include a perpetual
maintenance provision for any open space by the homeowner's association.
2. Remove all trash and debris accumulated in low lying areas of the site as
needed.
3. Prior to the issuance of building permits for any structure, re- vegetate the ESA
and adjacent areas with native plants.
sAlegal \our documents\ ordinances \15 \adp14 -0009 final.docx
4. Prior to the issuance of building permits for any structure, provide a pervious
surface walking trail with interpretative signage along the stream channel as
shown on Exhibit A.
5. Prior to the issuance of building permits for any structure, utilize bio-
engineering controls for channel stabilization, which may could include live
stakings /plantings, coir logs and fiber rolls, revetments, fascines, riprap with
vegetation, or gabions with vegetation.
6. On the associated plat(s) for the subject property, there shall be a note
provided reflecting ownership and maintenance of the Environmentally
Sensitive Area in the event that the homeowner's association responsible for
the maintenance of the Environmentally Sensitive Area be dissolved or
otherwise unable to maintain it.
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 the 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 of, . "........'...
W, '2015.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPOv ED .. TO LEGAL FORM;
ANITA BURGESS, CITY ATTORNEY
sAlegal \our documents \ordinances \15 \adp]4- 0009.docx
Exhibit "A"
Alternative Environmentally Sensitive Area Plan
ESA SUMMARY
vvr Lw�wrYmMY�w«n
LEGEND
'µvu "YlCS NVA N�ti ;gu Wrykc,
�/ ®� ikW MW L'LW IY8 il+-0A�!'N'hY'
scA ivaArTn Rv in,c
fP 1— ESA NI110.1101.
u.., �xr�. L'N@NG0'[N KM,YMU4'F tYLlx,.
sAlegal \our documents \ordinances \15 \adp14- 0009.docx
STATE OF TEXAS
COUNTY OF DENTON
Exhibit "B"
Legal Description
Parcel 1
Being 4.971 acres located in the Victor Toby Survey, Abstract No. 452, City of Denton,
Denton County, Texas, same being a portion of that certain 98.181 acres conveyed to
Renaissance Fine Homes, Inc. by instrument of record in Volume 4851, Page 2847, Deed
Records, Denton County, Texas (DRDCT), said 4.971 acres being more particularly
describe by metes and bounds as follows:
Commencing at the northeast corner of said 98.181 acre tract same being in the west line
of Stuart Road, variable width;
Thence along the north line of said 98.181 acre tract, North 89 degrees 58 minutes 28
seconds East a distance of 770.21 feet to the Point of Beginning of the herein described
4.971 acre tract of land;
Thence along the interior of said 98.181 acre tract the following courses:
(1.) South 00 degrees 01 minutes 32 seconds West a distance of 125.84 feet to a point of
curvature;
(2.) Along a non - tangent curve to the left, having an arc length of 111.19 feet, a radius of
50.00 feet, a delta angle of 127 degrees 24 minutes 31 seconds, and a chord bearing and
distance of South 20 degrees 34 minutes 50 seconds East, 89.65 to a point;
(3.) South 09 degrees 17 minutes 28 seconds East a distance of 206.06 feet to a point of
curvature;
(4.) Along a tangent curve to the left, having an arc length of 47.98 feet, a radius of 50.00
feet, a delta angle of 54 degrees 58 minutes 29 seconds, and a chord bearing and distance
of South 36 degrees 46 minutes 42seconds East, 46.15 feet to a point;
(5.) South 16 degrees 57 minutes 29 seconds East a distance of 94.05 feet to a point;
(6.) South 00 degrees 21 minutes 41 seconds West a distance of 132.34 feet to a point of
curvature;
(7.) Along a non - tangent curve to the left, having an arc length of 78.52 feet, a radius of
50.00 feet, a delta angle of 89 degrees 58 minutes 35 seconds, and a chord bearing and
distance of South 11 degrees 22 minutes 09 seconds East, 70.70 feet to a point;
(8.) South 16 degrees 32 minutes 46 seconds East a distance of 132.46 feet to a point;
(9.) South 88 degrees 51 minutes 13 seconds East a distance of 50.00 feet to a point;
(10.) South 01 degrees 08 minutes 47 seconds West a distance of 65.00 feet to a point;
(11.) North 88 degrees 51 minutes 13 seconds Wst a distance of 475.20 feet to a point;
(12.) North 00 degrees 26 minutes 52 seconds East a distance of 49.37 feet to a point;
(13.) South 89 degrees 33 minutes 08 seconds East a distance of 110.00 feet to a point;
(14.) North 00 degrees 26 minutes 52 seconds East a distance of 100.00 feet to a point;
(15.) North 04 degrees 57 minutes 36 seconds West a distance of 11.37 feet to a point;
(16.) North 02 degrees 02 minutes 07 seconds East a distance of 38.69 feet to a point;
sAlegal \our documents\ordinances\1 5\adp 14-0009.docx
(17.) North 12 degrees 23 minutes 24 seconds East a distance of 64.09 feet to a point;
(18.) North 30 degrees Olminutes 36 seconds East a distance of 108.54 feet to a point;
(19.) North 09 degrees 40 minutes 22 seconds East a distance of 27.32 feet to a point;
(20.) North 16 degrees 08 minutes 35 seconds West a distance of 273.54 feet to a point;
(21.) North 19 degrees 00 minutes 19 seconds West a distance of 100.13 feet to a point;
(22.) North 19 degrees 00 minutes 19 seconds West a distance of 43.13 feet to a point;
(23.) North 34 degrees 02 minutes 55 seconds West a distance of 17.79 feet to a point;
(24.) North 05 degrees 53 minutes 42 seconds West a distance of 70.95 feet to a point;
(25.) North 16 degrees 08 minutes 35 seconds West a distance of 62.19 feet to a point in
the aforementioned north line of said 98.181 acre tract;
(16.) South 89 degrees 58 minutes 28 seconds East, along said north line, a distance of
228.83 feet to the Point of Beginning and containing 4.971 acres of land within these
metes and bounds..
Parcel 2
Being 4.249 acres located in the Victor E. Gailer Survey, Abstract No.452, City of
Denton, Denton County, Texas, same being a portion of that certain 98.181 acres
conveyed to Renaissance Fine Homes, Inc. by instrument of record in Volume 4851,
Page 2847, Deed Records, Denton County, Texas (DRDCT), said 4.249 acres being more
particularly described by metes and bounds as follows:
Commencing at the southeast corner of said 98.181 acre tract, same being in the west line
of Stuart Road, variable width;
Thence along the common line of said Stuart Road and said 9 8.18 1 acre tract, North O1
degree 04 minutes 38 seconds East a distance of 549.43 feet to a point;
Thence continuing along said common line, North 00 degrees 21 minutes 41 seconds East
a distance of 592.55 feet to the Point of Beginning of the herein described 4.249 acre
tract;
Thence departing said common line and along the interior of said 98.181 acre tract the
following courses:
(1.) North 89 degrees 38 minutes 19 seconds West a distance of 86.25 feet to a point of
curvature;
(2.) Along a tangent curve to the right, having an arc length of 155.92 feet, a radius of
467.50 feet, a delta angle of 19 degrees 06 minutes 33 seconds, and chord bearing and
distance of North 80 degrees 05 minutes 02 seconds West, 155.20 feet to a point;
(3.) North 70 degrees 31 minutes 46 seconds West a distance of 8 8. 10 feet to a point of
curvature;
(4.) Along a tangent curve to the left, having an arc length of 242.25 feet, a radius of
532.50 feet, a delta angle of 26 degrees 03 minutes 57 seconds, and a chord bearing and
distance of North 83 degrees 33 minutes 44 seconds West, 240.17 feet to a point;
(5.) North 00 degrees 26 minutes 52 seconds East a distance of 257.48 feet to a point;
(6.) North 27 degrees 50 minutes 18 seconds West a distance of 56.78 feet to a point;
(7.) North 08 degrees 27minutes 14 seconds West a distance of 50.61 feet to a point;
(8.) North 00 degrees 48 minutes 41 seconds West a distance of 50.01 feet to a point;
Olegal \our documents\ordinances\1 5\adp 14-0009.docx
(9.) North 01 degrees 01 minutes 20 seconds East a distance of 3 6.3 8 feet to a point;
(10.) North 43 degrees 34 minutes 26 seconds West a distance of 53.30 feet to a point;
(11.) South 88 degrees 51 minutes 13 seconds East a distance of 159.65 feet to a point;
(12.) South 88 degrees 51 minutes 13 seconds East a distance of 19.05 feet to a point;
(13.) South 13 degrees 43 minutes 10 seconds East a distance of 146.65 feet to a point of
curvature;
(14.) Along a non - tangent curve to the left, having an arc length of 153.82 feet, a radius
of 50.00 feet, a delta angle of 176 degrees 15 minutes 58 seconds, and a chord bearing
and distance of South 61 degrees 30 minutes 20 seconds East, 99.95 feet to a point of
compound curvature;
(15.) Along a tangent curve to the right having an arc length of 3 3.3 5 feet, a radius of
50.00 feet, a delta angle of 38 degrees 12 minutes 55 seconds, and a chord bearing and
distance of N 49 degrees 28 minutes 09 seconds East, 32.73 feet to a point;
(16.) South 00 degrees 00 minutes 00 seconds East a distance of 93.69 feet to a point;
(17.) South 35 degrees 44 minutes 44 seconds East a distance of 10.67 feet to a point;
(18.) South 80 degrees 57 minutes 20 seconds East a distance of 174.51 feet to a point;
(19.) South 89 degrees 38 minutes 19 seconds East a distance of 126.51 feet to a point in
the aforementioned common line of said 98.181 acre tract and said Stuart Road;
(20.) South 00 degrees 21 minutes 41 seconds West along said common line a distance of
263.28 feet to the point of beginning and containing 4.249 acres of land within these
metes and bounds.
Parcel 3
Being 6.284 acres located in the Victor E. Gailer Survey, Abstract No.452, and the
Thomas Toby Survey, Abstract No. 1288, City of Denton, Denton County, Texas, same
being a portion of that certain 98.181 acres conveyed to Renaissance Fine Homes, Inc. by
instrument of record in Volume 4851, Page 2847, Deed Records, Denton County, Texas
(DRDCT), said 6.284 acres being more particularly described by metes and bounds as
follows:
Commencing at the southeast corner of said 98.181 acre tract;
Thence along the south line of said 98.181 acre tract North 89 degrees 48 minutes 44
seconds West a distance of 241.43 feet to a point;
Thence departing said south line, North 00 degrees 11 minutes 16 seconds East to the
Point of Beginning of the herein described 6.284 acre tract of land;
Thence along the interior of said 98.181 acre tract the following courses:
(l.) North 89 degrees 48 minutes 44 seconds West a distance of 244.78 feet to a point;
(2.) North 00 degrees 26 minutes 52 seconds East a distance of 138.08 feet to a point;
(3.) Along a non - tangent curve to the left, having an arc length of 95.03 feet, a radius of
50.00 feet, a delta angle of 108 degrees 53 minutes 46 seconds, and a chord bearing and
distance of North 06 degrees 36 minutes 45 seconds West, 81.36 feet to a point;
(4.) North 00 degrees 26 minutes 52 seconds East a distance of 243.38 feet to a point;
(5.) Along a non - tangent curve to the left, having an arc length of 90.64 feet, a radius of
50.00 feet, a delta angle of 103 degrees 51 minutes 47 seconds, and a chord bearing and
distance of North 00 degrees 26 minutes 52 seconds East,78.73 feet to a point;
sAlegal \our documents \ordinances \15 \adp14- 0009.docx
(6.) North 00 degrees 26 minutes 52 seconds East a distance of 136.53 feet to a point;
(7.) North 51 degrees 50 minutes 28 seconds East a distance of 70.37 feet to a point;
(8.) North 28 degrees 13 minutes 22 seconds West a distance of 122.03 feet to a point;
(9.) South 88 degrees 08 minutes 49 seconds West a distance of 10.43 feet to a point of
curvature;
(10.) Along a non - tangent curve to the left, having an arc length of 85.49 feet, a radius of
50.00 feet, a delta angle of 97 degrees 57 minutes 38 seconds, and a chord bearing and
distance of North 50 degrees 50 minutes 00 seconds West, 75.45 feet to a point;
(11.) North 28 degrees 13 minutes 22 seconds West a distance of 244.32 feet to a point of
curvature;
(12.) Along a non - tangent curve to the right, having an arc length of 356.76, a radius of
467.50 feet, a delta angle of 43 degrees 43 minutes 24 seconds, and a chord bearing and
distance of North 87 degrees 36 minutes 32 seconds East, 348.16 feet to a point;
(13.) South 70 degrees 31 minutes 46 seconds East a distance of 70.71 feet to a point;
(14.) South 00 degrees 21 minutes 41 seconds West a distance of 84.95 feet to a point;
(15.) South 02 degrees 20 minutes 26 seconds East a distance of 50.06 feet to a point;
(16.) South 04 degrees 30 minutes 42 seconds East a distance of 50.18 feet to a point;
(17.) South 07 degrees 50 minutes 26 seconds East a distance of 50.52 feet to a point;
(18.) South 00 degrees 21 minutes 41 seconds West a distance of 100.00 feet to a point;
(19) South 15 degrees 49 minutes 19 seconds West a distance of 51.88 feet to a point;
(20.) South 00 degrees 21 minutes 41 seconds West a distance of 350.00 feet to a point;
(21.) South 14 degrees 07 minutes 26 seconds West a distance of 154.43 feet to a point;
(22.) South 09 degrees 33 minutes 08 seconds West a distance of 66.93 feet to a point;
(23.) South 29 degrees 38 minutes 43 seconds East a distance of 152.06 feet to the Point
of Beginning and containing 6.284 acres of land within these metes and bounds.