2015-217sAlegal \our documents \ordinances \15\715- 0065,docx
ORDINANCE NO. W15 -- 17
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO.
2007 -032 WHICH PROVIDED FOR A ZONING CHANGE TO A NEIGHBORHOOD
RESIDENTIAL 3 (NR -3) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION ALONG WITH AN OVERLAY DISTRICT, IN ORDER TO MODIFY
CONDITIONS RELATED TO DESIGN CRITERIA IN THE OVERLAY ON
APPROXIMATELY 31 ACRES OF LAND GENERALLY LOCATED ON THE
SOUTHWEST CORNER OF HINKLE DRIVE AND WINDSOR STREET IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY'S
OFFICAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE
AND AN EFFECTIVE DATE. (Z15 -0005)
WHEREAS, Bill Haney, has applied for a zoning change on approximately 31 acres of
land legally described in Exhibit "A ", attached hereto and incorporated herein by reference
(hereinafter, the "Property "), amending Ordinance No. 2007 -032 which provided for a zoning
change to a Neighborhood Residential 3 (NR -3) zoning district classification and use designation
along with an overlay district, in order to modify conditions related to design criteria in the
overlay; and
WHEREAS, on June 17, 2015, the Planning and Zoning Commission, in compliance with
the laws of the State of Texas, have given the requisite notices by publication and otherwise, and
have held due hearings and afforded full and fair hearings to all property owners interested in
this regard, and have recommended approval (6 -1) of the change in zoning district and use
classification; and
WHEREAS, on July 21, 2015, the City Council likewise conducted a public hearing as
required by law, and finds that the request meets and complies with all substantive and
procedural standards set forth in Section 35.3.4 of the Denton Development Code, and is
consistent with the Denton Plan and the Denton Development Code;
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for a change in the zoning classification of the property ,
have determined that the proposed use is in the best interest of the health, safety, morals, and
general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is
of the opinion and finds that said zoning change is in the public interest and should be granted as
set forth herein; 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 m2. Ordinance No. 2007 -032 which provided for a zoning change to a
Neighborhood Residential 3 (NR -3) zoning district classification and use designation along with
an overlay district has been amended, subject to the following overlay conditions:
1. A perimeter fence with a "wrought" iron appearance, with taller posts topped by a
cast stone column cap every 24 feet will be installed along the perimeter of the site.
The setback of the proposed homes will be 50 feet minimum from the existing curb.
The developer, and later a homeowner's association, will take responsibility for
maintenance and irrigation of all open spaces and site amenities.
2. Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay
brick or stone for all vertical surfaces with a direct load path to the foundation.
3. Three -car Garages shall not face the public or private right -of -way where the
entrance /address is located.
4. Any ingress or egress to the subject property shall not remove the on- street bike lane
on Hinkle Drive.
SECTION 3. The City's official zoning map is hereby amended to show the change in
the zoning district and use classification.
SECTION 4. 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 5. Any person, firm, partnership or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this
ordinance is violated shall constitute a separate and distinct offense.
SECTION 6. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in
effect when the offense was committed and the former law is continued in effect for this purpose.
SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, 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 use
newspaper published in the City of Denton, Texas, within ten (10)
days of the date of its passage.
PASSED AND APPROVED this the o2,1
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
day of 2015,
. . . . ................
Cliny" 17''S,MAYOR
EXHIBIT A
DESCRIPTION OF PROPERTY SURVEYED
SITUATED in the city Denton, Denton County Texas, being a tract of land in the N. H.
MEISENHEIMER SURVEY, Abstract No. 810 and the ROBERT BEAUMONT SURVEY,
Abstract No. 31 and being a portion of that certain tract conveyed to Rayzor Investments Ltd., as
Tract One in Section 5, in deed recorded in Volume 1796, Page 601 of the Real Property
Records of Denton County, and said tract being more fully described as follows:
BEGINNING at the northwest corner of Lot 1, Block 1, Gateway Addition, as shown on plat
thereof recorded in Cabinet K, Slide 238, of the Plat Records of Denton County for the southwest
corner of a remainder of said Rayzor Investments Tract One in the east line of that certain Tract
III conveyed to the City of Denton by deed recorded in Volume 695, Page 669, of said Real
Property Records, said point being on a curve whose center bears North 82 degrees, 44 minutes,
43 seconds West, 2293.00 feet, and from said point a'' /2" iron rod found in place bears North 88
degrees, 36 minutes, 20 seconds West, 0.30 foot;
THENCE northerly with said curve and said east line of City of Denton Tract III for the west line
of said Rayzor tract remainder, passing the northeast corner of said City Tract III and the
southeast corner of the certain Tract I conveyed to the City of Denton by said deed recorded in
Volume 695, Page 669, and continuing with the east line of said Tract I and said curve, in all a
distance of 948.72 feet to a "RPLS 1640" capped 5/8" iron rod set for the northwest corner of
said Rayzor tract remainder, in the southeasterly line of that certain tract conveyed to the City of
Denton as Tract I by deed recorded in Volume 697, Page 207 of said Real Property Records;
THENCE North 46 degrees, 19 minutes, 50 seconds East, with the northerly line of said Rayzor
tract remainder and said southeasterly line of City Tract I in Volume 697, Page 207, at 16.45 feet
passing an "RPLS 1640" capped 5/8" iron rod set for reference, crossing the existing pavement
of Windsor Drive, a publicly maintained roadway, continuing in all 104.66 feet;
THENCE North 71 degrees, 38 minutes, 30 seconds East with the common line of said Rayzor
tract remainder and said City Tract I in Volume 697, Page 207, again crossing said Windsor
Drive pavement, in all 737.20 feet to the west corner of that certain tract conveyed to Rayzor
Investments by Correction instrument recorded in Volume 3441, Page 883, of said Real Property
Records;
THENCE with the northerly and east lines of said Rayzor Investments tract for southerly and
west lines of a remainder of said City Tract I recorded in Volume 697, Page 207, the following
courses and distances:
North 60 degrees, 38 minutes, 10 seconds East, 177367 feet to the beginning of a
curve whose center bears South 29 degrees, 21 minutes, 50 seconds East, 484.52
feet;
Easterly with said curve 231.94 feet to an "RPLS 164" capped 5/8/" iron rod set
for the end of said curve at the northeast corner of said Rayzor tract described in
Volume 3441, Page 883; and,
South 0 degrees, 53 minutes, 45 seconds West, 24.43 feet to the southeast corner
of said Rayzor tract described in Volume 3441, Page 883, in the southerly line of
said City Tract I in Volume 697, Page 207;
THENCE North 71 degrees, 38 minutes, 20 seconds East with said southerly line of City Tract I
recorded in Volume 697, Page 207, 15.37 feet to a southeast corner of said City Tract I in the
existing pavement of Hinkle Drive, a publicly- maintained roadway.
THENCE North 0 degrees, 53 minutes, 45 seconds East with the east line of said City Tract I in
said Hinkle Drive pavement, 29.97 feet to the southwest corner of that certain tract of land
conveyed to the City of Denton as Tract I in deed recorded in Volume 1163, Page 216, of said
Real Property Records;
THENCE South 89 degrees, 00 minutes, 30 seconds East, 18.82 feet to the southeast corner of
said City Tract I recorded in Volume 1163, Page 216, in the east line of said Rayzor Investments
tract and in the occupied center of said Hinkle Drive;
THENCE with the said east line of Rayzor Investments tract and said occupied center of Hinkle
Drive, South 1 degree, 17 minutes, 30 seconds West, 1282.43 feet, and South 0 degrees, 55
minutes, 25 seconds West, 1464.72 fee to the southeast corner of said Rayzor Investments tract,
from which point a "H &N" capped 1/2" iron rod bears North 88 degrees, 36 minutes, 20 seconds
West, 32.77 feet;
THENCE North 88 degrees, 36 minutes, 20 seconds West with the south line of said Rayzor
Investments tract remainder, at 30 feet passing the northeast corner of said Lot 1, Block 1,
Gateway Addition and continuing with the north line of said Lot 1, 1078.45 feet to the PLACE
OF BEGINNING, and containing 30.7036 acres (1,337.448 square feet), of which 0.5298 acre
(23.080 square feet) lies within the probable limits of Windsor Drive (base on Windsor Drive
being an 80 -feet wide right -of -way and the existing pavement being the eastbound (south) lanes
of a divided roadway, and 0.9759 acre (42.510 square feet) lies within Hinkle Drive (based on
one -half of 60 -foot wide right -of -way), leaving a net area of 29.1978 acres (1,271.858 square
feet).
THIS DESCRIPTION PREPARED TO ACCOMPANY A SURVEY MAP FO THE
DESCRIBED PROPERTY.