Z18-0011gS:tLe�,alt�7ur C7c}cuinents\¢�rdinancestl9\7..18-OQ11 0$QG19 rc:visi��7.doc�
ORDINANCE NO. Z 18-0011 g
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING 1NITIAL AND
AMENDED ZONING CLASSIFICATIONS OF NR-2 AND NR-3, WITH OVERLAY, ON
APPROXIMATELY 92.06 ACRES OF LAND GENERALLY LOCATED ON THE EAST SIDE
OF EAST SHERMAN DRIVE (FM 428), APPROXIMATELY 1,465 FEET NORTH OF
HARTLEE FIELD ROAD IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
ADOPTING AN AMENDMENT TO THE CITY'S OFFICAL ZONING MAP; PROVIDING
FOR A PENALTY 1N THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE. (Z 18-0011)
WHEREAS, Lee Allison with Allison Engineering, has applied for initial and amended
residential zoning classifications on approximately 92.06 acres of land legally described in
Exhibits "A", "B", "C", and "D", and depicted in Exhibit "E", attached hereto and incorporated
herein by reference (hereinafter, the "Property") as follows:
On Tract 1(8.39 acres as described and depicted), from a Rural Residential zoning district
and use classification to a Neighborhood Residential 2(NR-2) zoning district and
use classification; and
On Tract 2(31.52 acres as described and depicted), from a Rural Residential zoning district
and use classification to a Neighborhood Residential 3(NR-3) zoning district and
use classification; and
On Tract 3(13.98 acres as described and depicted), an initial zoning of Neighborhood
Residential 3(NR-3) zoning district and use classification; and
On Tract 4(38.17 acres as described and depicted), an initial zoning of Neighborhood
Residential 2(NR-2) zoning district and use classification; and
WHEREAS, on June 19, 2019, the Planning and Zoning Commission, in compliance with
the laws of the State of Texas, gave the requisite notices by publication and otherwise, afforded
full and fair hearings to all property owners interested in this regard, and recommended approval
with conditions [6-0] of the change in zoning district and use classification; and
WHEREAS, on July 16, 2019, the City Council likewise conducted a public hearing as
required by law, and �nds 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; and
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;
°�1;:;� r�m 14:D�I �, The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
"�I���� �'I�:;��I,. °�w. The zoning district and use classification for the Property is hereby changed
or initially assigned to Neighborhood Residential 2(NR-2) on Tracts 1 and 4 of the Property, as
described and depicted; and to Neighborhood Residential 3(NR-3) on Tracts 2 and 3 of the
Property as described and depicted; with the following overlay conditions imposed upon all such
Tracts:
1. Only single-family detached dwellings are permitted.
2. An off-street multi-use path (trail) is required to be installed and must include the following
elements:
a. Each residential lot should be located within 1,300 feet of an access point.
b. Two remote connections to adjacent properties are required to ensure that the
network will be continued with subsequent development. For the purposes of the
multi-use path (trail), remoteness is defned as half of the length of the longest
diagonal line bisecting the subject property.
3. A 30-foot landscape buffer is required along FM 428 for the entire frontage of the property.
The 30-foot landscape buffer shall begin from the Public Utility Easement (PUE) dedicated
through the platting process. If a PUE is not required, the landscape area shall begin from
the right-of-way dedicated through the platting process.
The 30-foot landscape buffer shall include the following elements:
a. A landscaped berm with a maximum 3:1 side slope on both sides.
b. One large canopy tree planted every 30 linear feet.
c. Thirty shrubs planted per 100 linear feet. Shrubs may be clustered to create a
more natural effect.
d. A maximum 6-foot tall masonry, wrought-iron, or split-rail fence. The fence can
either be constructed along the rear property line of the single-family lots or
meander through the landscape buffer, provided that 75% of the required
landscaping is located between the fence and FM 428.
4. A minimum of fifteen (15) percent preserved green space, including three (3) ponds and
nine (9) pocket parks.
5. A pond or park amenity must be located within a five-minute walk of all homes.
6. The water well located within the boundaries of the subject property must be capped and
abandoned.
SECTION 3. The City's official zoning map is hereby amended to show the change in the
zoning district and use classif cation.
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. Any 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 daily newspaper published in the City of Denton, Texas, within ten (10) days of the
date of its passage.
N'"l�� �����ti �� ��. tl��:� r��cl������7u� '�°_�'� ����ll��� ordinance was a sed an�� ..� and
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d a roved b
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second��°� ��y .-----�. �'...m� ..,��� �� ..... m..�. , P PP Y
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the following vote � - ��`���������.
Aye Nay Abstain Absent
Mayor Chris Watts: �
Gerard Hudspeth, District 1: �
Keely G. Briggs, District 2: �
Jesse Davis, District 3: ✓
John Ryan, District 4: J
Deb Armintor, At Large Place 5: ✓
Paul Meltzer, At Large Place 6: �
�
PASSED AND APPROVED this, the �(0 day of 4P� ,� �� ����' _____, 2019.
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ATTEST:
ROSA RIOS, CITY SECRETARY
,� �
BY: �„�- ��:� �' ��� � � '" �,� ,� __IT_�.
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: /s/Jerrv E. Drake, Jr.
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� 1 � �
Tract 1
STATE OF TEXAS
COUNTY OF DENTON
A 8.391 ACRE TRACT OF LAND LYING AND BE1NG SITUATED IN THE H.B. WILLIAMS
SURVEY, ABSTRACT NUMBER 1417, DENTON COUNTY, TEXAS, BEING PART OF A
CALLED 1083.5749 ACRE TRACT DESCRIBED 1N A DEED TO DONALD J. CARTER AND
WIFE, L1NDA JO CARTER, RECORDED UNDER COUNTY CLERK FILE NUMBER 94-
R0065442, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BE1NG MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
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Exhibit B
Legal Description
�
STATE OF TEXAS
COUNTY OF DENTON
A 31.518 ACRE TRACT OF LAND LYING AND BEING SITUATED 1N THE H.B.
WILLIAMS SURVEY, ABSTRACT NUMBER 1417, DENTON COUNTY, TEXAS, BE1NG
PART OF A CALLED 1083.5749 ACRE TRACT DESCRIBED 1N A DEED TO DONALD J.
CARTER AND WIFE, LINDA JO CARTER, RECORDED UNDER COUNTY CLERK FILE
NUMBER 94-R0065442, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN FOUND AT THE WESTERNMOST SOUTHWEST CORNER
OF SAID CARTER TRACT ON THE EAST RIGHT-OF-WAY LINE OF F.M. HIGHWAY 428
(100' RIGHT-OF-WAY), SAID PIN BEING AT THE NORTHWEST CORNER OF A TRACT
DESCRIBED 1N A DEED TO ROBERT SMITHERS, ET AL, RECORDED UNDER COUNTY
CLERKS FILE NUMBER 00-R00$9626, REAL PROPERTY RECORDS, DENTON COUNTY,
TEXAS, SAID CORNER BEING THE PO1NT OF BEGINNING FOR TRACT 2;
THENCE NORTH 31 DEGREES 39 MINUTES O1 EAST, WITH THE WEST LINE OF SAID
CARTER TRACT AND THE EAST RIGHT-OF-WAY LINE OF F.M. 428, A DISTANCE OF
3214.08 FEET TO A POINT FOR CORNER ON THE SAID EAST RIGHT-OF-WAY LINE OF
F.M. 428;
THENCE SOUTH 58 DEGREES 20 MINUTES 59 SECONDS EAST A DISTANCE OF 317.24
FEET TO A POINT FOR CORNER;
THENCE SOUTH O1 DEGREE 28 MINUTES 03 SECONDS WEST, A DISTANCE OF 264.07
FEET TO A PO1NT FOR CORNER;
THENCE SOUTH 31 DEGREES 39 MINUTES O1 SECOND WEST, A DISTANCE OF 2726.95
FEET TO A PO1NT FOR CORNER ON A NORTH L1NE OF A TRACT DESCRIBED IN A
DEED TO H. KENNETH JETT AND WIFE, PATTY JETT, RECORDED UNDER COUNTY
CLERKS FILE NUMBER 97-R0038580, REAL PROPERTY RECORDS, DENTON COUNTY,
TEXAS;
THENCE NORTH 88 DEGREES 15 MINUTES 35 SECONDS WEST, WITH A SOUTH LINE
OF SAID CARTER TRACT AND A NORTH L1NE OF SAID JETT TRACT A DISTANCE OF
519.15 FEET TO THE PO1NT OF BEGINNING AND CONTAINING 1N ALL 31.518 ACRES
OF LAND.
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�
STATE OF TEXAS
COUNTY OF DENTON
A 13.980 ACRE TRACT OF LAND LYING AND BEING SITUATED 1N THE H.B.
WILLIAMS SURVEY, ABSTRACT NUMBER 1417, DENTON COUNTY, TEXAS, BEING
PART OF A CALLED 1083.5749 ACRE TRACT DESCRIBED 1N A DEED TO DONALD J.
CARTER AND WIFE, LINDA JO CARTER, RECORDED UNDER COUNTY CLERK FILE
NUMBER 94-R0065442, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND
BE1NG MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN IRON PIN FOUND AT THE WESTERNMOST SOUTHWEST
CORNER OF SAID CARTER TRACT ON THE EAST RIGHT-OF-WAY LINE OF F.M.
HIGHWAY 428 (100' RIGHT-OF-WAY), SAID PIN BEING AT THE NORTHWEST CORNER
OP A TRACT DESCRIBED 1N A DEED TO ROBERT SMITHERS, ET AL, RECORDED
UNDER COUNTY CLERKS FILE NUMBER 00-R00$9626, REAL PROPERTY RECORDS,
DENTON COUNTY, TEXAS;
THENCE SOUTH 88 DEGREES 15 MINUTES 35 SECONDS EAST, A DISTANCE OF 519.15
FEET TO A POINT FOR CORNER ON A SOUTH L1NE OF SAID CARTER TRACT AND A
NORTH L1NE OF A TRACT DESCRIBED 1N A DEED TO H. KENNETH JETT AND WIFE,
PATTY JETT, RECORDED UNDER COUNTY CLERKS FILE NUMBER 97-R00385$0, REAL
PROPERTY RECORDS, DENTON COUNTY, TEXAS, SAID CORNER BEING THE POINT
OF BEGINNING FOR TRACT 3;
THENCE NORTH 31 DEGREES 39 MINUTES O1 SECOND EAST, A DISTANCE OP 2726.95
FEET TO A POINT FOR CORNER;
THENCE SOUTH O1 DEGREE 28 MINUTES 03 SECONDS WEST, A DISTANCE OF 298.35
FEET TO A POINT FOR CORNER;
THENCE SOUTH 31 DEGREES 39 MINUTES Ol SECOND WEST, A DISTANCE OF 1211.00
FEET TO A POINT FOR CORNER;
THENCE SOUTH 58 DEGREES 20 MINUTES 59 SECONDS EAST, A DISTANCE OF 185.00
FEET TO A POINT FOR CORNER;
THENCE SOUTH 31 DEGREES 39 MINUTES Ol SECOND WEST, A DISTANCE OF 770.15
FEET TO A POINT FOR CORNER;
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Exhfbit D
Legal Description
�
STATE OF TEXAS
COUNTY OF DENTON
A 38.168 ACRE TRACT OF LAND LYING AND BE1NG SITUATED 1N THE H.B.
WILLIAMS SURVEY, ABSTRACT NUMBER 1417, DENTON COUNTY, TEXAS, BEING
PART OP A CALLED 1083.5749 ACRE TRACT DESCRIBED 1N A DEED TO DONALD J.
CARTER AND WIFE, LiNDA JO CARTER, RECORDED UNDER COUNTY CLERK FILE
NUMBER 94-R0065442, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOVVS:
COMMENCING AT AN IR.ON PIN FOUND AT THE WESTERNMOST SOUTHWEST
CORNER OF SAID CARTER TRACT ON THE EAST RIGHT-OF-WAY LINE OF F.M.
HIGHWAY 428 (100' RIGHT-OF-WAY), SAID PIN BEING AT THE NORTHWEST CORNER
OF A TRACT DESCRIBED IN A DEED TO ROBERT SMITHERS, ET AL, RECORDED
UNDER COUNTY CLERKS FILE NUMBER 00-R0089626, REAL PROPERTY RECORDS,
DENTON COUNTY, TEXAS;
THENCE SOUTH 88 DEGREES 15 MINUTES 35 SECONDS EAST, A DISTANCE OF 1052.81
FEET TO A PO1NT FOR CORNER ON A SOUTH LINE OF SAID CARTER TRACT AND A
NORTH L1NE OF A TRACT DESCRIBED IN A DEED TO H. KENNETH JETT AND WIFE,
PATTY JETT, RECORDED UNDER COUNTY CLERKS FILE NUMBER 97-R00385$0, REAL
PROPERTY RECORDS, DENTON COUNTY, TEXAS, SAID CORNER BE1NG THE PO1NT
OF BEGINNING FOR TRACT 4;
THENCE NORTH O1 DEGREE 44 MINUTES 25 SECONDS EAST, A DISTANCE OF 255.87
FEET TO A POINT FOR CORNER;
THENCE NORTH 31 DEGREES 39 MINUTES Ol SECOND EAST, A DISTANCE OF 770.15
FEET TO A POINT FOR CORNER;
THENCE NORTH 5$ DEGREES 20 MINUTES 59 SECONDS WEST, A DISTANCE OF 185.00
FEET TO A PO1NT FOR CORNER;
THENCE NORTH 31 DEGREES 39 MINUTES O1 SECOND EAST, A DISTANCE OF 1211.00
FEET TO A POINT FOR CORNER;
THENCE NORTH O1 DEGREE 2$ MINUTES 03 SECONDS EAST, A DISTANCE OF 298.35
FEET TO A POINT FOR CORNER;
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Exhibit E
Boundary Map