2007-130- - -- S:\Our Documents\Ordinances\07\Z06-0035 Camtry Club Village Overlay-doe
ORDINANCE NO. 070~,7-/,~Q
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN OVERLAY
DISTRICT ON APPROXIMATELY 77.628 ACRES OF LAND LOCATED ON THE EAST SIDE
OF FORT WORTH DRIVE AT FALRWAY DRIVE CURRENTLY ZONED WITH A BASE
ZONING CLASSIFICATION AND USE DESIGNATION OF NEIGHBORHOOD RESIDENTIAL
2 (NR-2), AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT
A, ATTACHED HERETO, AND DEPICTED ON EXHIBIT B ATTACHED HERETO;
PROVIDING FOR A PENALTY TN THE MAXIM[_JM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
(Z06-0035)
WHEREAS, the Spring Brook Planning Group initiated a rezoning process for that certain
tract of land described by the metes and bounds description in Exhibit "A", and depicted in Exhibit
"B", attached hereto and made a part hereof by reference (the "Property"); and
WHEREAS, the owner of the Property supports the rezoning ofthe Property to provide for an
overlay district containing the provisions in Section 2 of this ordinance in addition to the restrictions
currently imposed by the base zoning classification and use designation of NR-2; and
WHEREAS, the zoning restrictions modified by this overlay would allow and require
construction of larger homes with more landscaping and amenities than are currently required by the
base zoning classification and use designation ofNR-2, and which are more in keeping with the style
and scale of houses previously built in Phase I of the development under the prior base zoning
classification and use designation; and
WHEREAS, Chapter 245 of the Texas Local Government Code may prohibit the City from
unilaterally rezoning the property to a less dense base zoning classification with larger lots to achieve
these purposes, and the current base zoning classification cannot accommodate these lazger and more
harmonious homes without these additional overlay requirements; and
WHEREAS, on May 9, 2007, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommended approval of the overlay district; and
WHEREAS, Sections 35.7.1, 35.7.2 and 35.7.3 of the Denton Development Code authorize
the City Council to approve overlay districts to protect and enhance certain specific lands and
structures which, by virtue of their type or location, have characteristics which aze distinct from lands
and structures outside such special districts and contain such reasonable and necessary requirements
to insure the protection and enhancement of said land and structures. Further, the overlay districts are
authorized to establish specific design standards and development regulations to effectuate the
purpose of the district;
WHEREAS, the City Council makes the following findings:
i
A. The overlay district herein defined, is consistent with the Comprehensive Plan;
s:\our documents\ordinances\OTzOC-0035 country club village overlay.~dce
and
B. The overlay district herein defined will protect and enhance the Property and
surrounding area which are distinct from lands and structures outside of the
overlay district and the immediate neighborhood; and
C. The regulations imposed in 4he overlay district serve important and substantial
public interests by preserving the integrity of the neighborhood surrounding the
overlay district; 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.
SECTION 2. The overlay district (the "Overlay District") contains the following additional
regulations:
A. Maximum lot coverage of 60%.
B. Minimum landscaped area of 40%. '
C. Block length no greater than 900 feet. Note: Long block lengths are allowed to exceed the
base 600 foot requirement to a maximum of 900 feet, as long as, the average lot width along
the street with the long block remains equal to or greater than 94 feet with no lot width
smaller than 80 feet. Block length may also meet existing current Denton Development Code
requirement of 1,200 feet if average lot width within the block equals or exceeds 100 feet.
D. Cul-de-sac length no greater than 400 feet. Cul-de-sac lengths are allowed to exceed the 300
foot requirement to a maximum of 400 feet, as long as the average lot width along the cul-de-
sac remains equal to or greater than 94 feet, with no lot narrower than 80 feet. The average
lot width does not include the lots on the "knuckles" or on the bulbs of the cul-de-sac (the
"odd" shape lots). Blocks 600 feet or less in width will meet the current code requirements.
E. Minimum side yard of 8 feet on lots that front streets located to the south of the existing
Fairway Drive. All proposed lots fronting on Fairway Drive and Club View Drive shall meet
the current Denton Development Code requirements of 10 foot side yard setbacks.
F. Single-story structures shall not contairi less than 2,700 square feet of fully enclosed floor
area devoted to living purposes, measured from exterior wall to exterior wall.
G. Two-story structures shall not contain less than 3,000 square feet of fully enclosed floor area
devoted to living purposes, measured from exterior wall to exterior wall.
H. At least eighty percent (80%) of the exterior walls of the first floor (excluding doors and
windows) shall be masonry construction. Roofs shall have a minimum pitch of 8:12.
I. All fences, except those adjacent to a gas well, shall be wrought iron or tubular steel.
J. Each lot shall conform to the following additional landscape requirements:
Page 2
s:\our documents\ordinances\07\zOri-0035 country club village overlay.doc
1. Three (3) or more trees located in the front yard (and side yard for corner lots), with a
combined size of at least fifreen (15) caliper inches;
2. Sod in the front and side yards, with hydromulch allowed in the rear yard; and
3. Irrigation throughout the yard (front, side and rear).
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 other
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 ofDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the ~i day of , 2007.
~~~-~`'
PERRY . MCNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
I
APPROVED AS TO LEGAL FORM:
s:\our documents\ordinances\07\z06-0035 country club village oveday.doc
Exhibit A
Metes and Bounds Description of the Property
TRACT' Lq
PROPERTY DESCRIP'I'IUN
STATE OF TL-XAS:
COUNTY UP UENTU\:
BF.tNG a 12.093 acru tract of land situated in the Gearge W. Daugherty Survey, Abstract No.
351 and the H.H. Haygood Survey, Abstract No. S 17, City of Denton, Denton County, Texas,
being a portian ofthat tract of land described in deed to Carmen Investments, lnc., recnrded in
Volume 4747, Page 1$42. I'leed Records, Denton Counn•, Texas (I3kDCT) and being more
particularly described as follcw•s:
COMMENCING ar a ll'2" rebar capped set at the intersection of the southeasterly line of U.S.
Highway No. 377 (called 120' R.U. W •, adjoining k.U.W. per Volume 288, Page 483, URDC"f),
with the northeasterly line. of Painvay Drive (100' k.QW. at this paint per Cabinet U, Slide 862
of the Plst Records of Denton County, T'exas);
1TfENCE N 2$°SO'I t" E, along the southeasterly tine of said U.S. I [ighway No. 377 and a west
line of said Carmen tract, a distance of 240.05 fret w a !I2" rebar found at the must +vesterly
northwest corner of'said Carmen tract and the southwest corner of a tract of land as described in
deed to Hugh Z. Pruett. record~Yl in Volume 5058, Page 2973, URDCT, Crom wfiich a concriKc
monument found beazs N 2$°50't I" f:, 52291 feet (Died 536.0 feeQ:
'!'HENCE S fi l =U9'49" E, departing the southeasterly line of said U.S. ftighway No. 377, along a
north line of said Carmen tract and the south line of said Pruett tract. a distance oC 400.00 feet to
the fUfNT Gp BEGINNING of the herein described tract irf land;
THENCE along the nnrth and west lines of said Carmen tract and the south and east Tines of said
Pruett tract, as follows:
S 61°04'49" E, a distance o(20.(}0 feet to a i!2" rcbar found at the point of curvature of a
non tangent curve to the left, having a radius point that Guars N 28°45'38" E, 3fi3.06 feet;
Southeasterly, along said curve, having a central angle of 27° t I' 1 S", an arc distance of
172.28 feet (Deed I?2.67 feat) and a chord that hears S 74°50'00" E, 170.67 feet to a 1,'2"
rebar fowtd at the point of tangency, from which a I!2" rcbar capped found bears
N 76°4T F„ 0.21 feet;
S 8R°25'38" E, a distance of 17.11 feet (Deed 17.00 fcet) ro 314" rebar found at a
reentrant comer of said t:;at•men met and the snutheast comer of said Gatlin tract;
N 23°3758" E, a distance oft 057.26 feet to the most. northerly northwest earner of the
herein described tract of land, tram which a I!2" rcbar found bean N 23°3758" E, 65.55
feet;
Page 4
s:\our documents\ordinances\OTz06-0035 country club village oveday.doc
'1'HFNCL" Fr1Sl', departing the east line of said Pruett tract.. traversing said Carmen tr;xa, a
distance of 132.05 feet;
'I'HFNCE S 29°29'52" E. traversing said Camten Vxei, at a distance of85.0U 1'ttt passhtg a L`2"
nbar capped set at the northwest earner of County Club Village, Phase I-13, an addition to the
City of Denton, Denton County, Texas as recorded in Cabinet V, Slide 446, PiZDCI', continuing
a total distance of 296,82 feet to a 12" rehar capped set the northwesterly line of
aforcmcntiotted Club View Drive (50' RA.W, per Cabinet L', Slide 862, PRDCT), being the
southwest comer of said County Club Village, Phase t-B;
"THENCE along the weslcrly line ol'said Club View Drive, as follows
Southwesterl}•, along a non tangent curve to the Icft, having a radius poin[ that bears
S 24"29'52" E, 300.00 feet, a central angle of 19'05'55", an arc distance of 320.39 feet
and a chord that bears S 29°54'24" W, 305.38 feet to a 1/2" rcbar capped set. at the point
of reverse curvature of a curve to the right, having. a radius of 550.Ot1 feet;
Southwesterly, a]ongsaid curve, having a eentrul angle u1.23°46'27", an arc distance of
228.22 feet and a chord that hears S I 1°i I"55" W', 226.58 feet to a 1/2" rehar capped se[
at the point oE'L•tngency;
S 23°OS'OR" W, a distana:e of G.S i feet to a !t2" rehar capped set at dte point of curvature
of a curve to the left, having a radius of 825.00 feet;
Southwesterly, along said curve, having acentral angic af29°24'10", an arc distance oC
423.37 Feet and a chard that bears S 08°23'03" W, 4 ] 8.74 feet to a lit" rcb:u trapped set;
S 34°54'47" W, non tangent to said curve, a distance of 14.96 feet to a 7/2" rehar capped
set at the intersection wish the northerly line of said Pairva}• Drive;
THENCE along the northerly line of said Fairway Drive, as 1<tltuws:
Southwesterl}•, atong a non tangent curve to the left, having a radius paint that bears
S l3°40'07" E, 1840.00 feet, a central angle of 03°49'41 ", an arc distanec of ] 20.26 feet
and a chord that bears S 74°,25'02" R', 120.24 feet to a I/2" rcbar capped set at the point
oftangcncy:
S 72°30' 12" W, a distanec of 20.72 feet to a 1./2" rcbar capped set at the point of
curvature of a curve to the right, having a radius of 775.00 feet;
Northu•estcrly, along said curve, having a eca?trt+l angltt nf44°L$'4R", tm arc distanre Of
548.72 feet and a chord that bears N 85°21 ;S4" W, 583.94 feet to a 112" rcbar capped set
at the point of compound curvature of a curve to the right, having a mdius of 265.50 feet,
Nonhwes[~rly, along said curve, having a central angle of IO°36'10", an arc distalue of
Page S
s:\our documents\ordinances\07\z06-0035 country club village overlay.doc
49.13 fort and a chord that hears N 5T55'S5" W', 49A6 fect to the s~uthH~cst comer of
the herein described tract of land;
THENCE N 2$'50'11" E, a distatrcc of'261.79 irrt to the Pq[KI' OF BE'GINNIN'G and
containing 12.093 acresoELand.
gore:
Bearings me referenced to the final plat of County Club Village, Phase I-A, recorded in Cabinet
U, Slide $62 of the Plat Records of 17cn[on Coanty, Tezas.
Page 6
s:\our documents\ordinances\OTz06-0035 country club village overlay.doc
TRAC7'1B
PROPERTY DESCRIP'f1ON
STATF, OF TEXAS;
COUNTY OF DENTUN:
BEING a 62.535 acre tract of land situated in the George 1L'. Daugherty Survey, Abstract No.
35 t, the H.H. Haygood Snrvcy, Abstract No. 517 mt,9 the 1~`illiam Hudson Surve}•, Abstract No.
586, City of Dentim, Denton Cuunty,'f'exas. being a portion of that tract of land described in
deed to Carmen Investments, lnc., recorded in Volume 4747, Page 1842. Decd Records, Denton
Cnunry,'I'exas (f)RDC"I') and being more particularly dcscribcxl as Collows:
CO1v1MENC[NG at a I!2" rt:bar capped sot at the intersection of the southeasterly line of U.S.
Highway Nn. 377 (called 120' R.U.W., adjoining K.O.W'. per Volume 288, Page 483, DRDC[),
with the southwesterly line of Fairway Drive (100' R.U.4V. at this paint per Cabinet U, Slide 862
of the Plat Kcwrds of Iknton County, Texas);
'I'11ENCF.. S 28°SO' 11" W', along the southeasterly lint of said U.S. Highway Nu. 377, a distance
of 400.00 feet to the POINT OF BEGINNING oCihc herein described tract of land;
THENCE 5 61°09'd9" E, departing the southeasmrly line of said li.S. Highway Nn. 377,
traversing said Camtcn tract, a distance of 400.OD feet;
THENCE N 28°50'1 1" 6, travetsing said Carmen tract, a distance of 419.03 tcet to a point in the
wntherl}• line of aforementioned Fairway Drive;
TI IENCE along the southerly line ofsaid Fairway Drive, as follows:
Southeasterly, along a non tangent curve to the right, having a radius point that bears
S 16°01'38" W, 265.50 feet, a central angle of 10°49'1 I ", an arc distance of 50.14 feet
and a chord that bears S 68°33'50" E, 50.06 li:ct w a 1.+2" rebar capped set at the point of
reverse curvature of a curve to the left, having a radius of 825.00 feet;
Southeasterly, along said curve, having a central angle of 44°20'34", an arc distance of
638.49 feet and a chard That bears S 85°19'31" F=, 622.68 feet to a 1/2" rebar capped set at
the point of tangency;
N 72°30'12" E, a distance of 20.72 feat to a 1.2° rebar capped set at the point of cureature
ofa cure to the right, having a radius of 1750.00 feet;
Northeasterly, along said curve, having a central angle of 30'38'33", an arc: distance of
935.92 feet and a chord that bears N 87°49'28" F 924.80 feet to a 1/2" rebar capped set
at the point of tangency;
S 76°51' 16" E, a distance of [ 70.82 Feet to a 1/2" rebar napped set at the paint of
Page 7
s:\our documents\ordinances\OTz06-0035 country club village oveday.doc
curvature of a curve to the left, having a radius of 300.04 feet;
Southeasterly, along G1id cun•e, having a centrsl angle of 20°2728", an arc distance of
107.12 feet and a chord that bears S 87°05'00" E, t 06.5$ feat to a 12" rebar capped cct at
the northwest corner of [.ot 23, Block I of Country Club V i I lage, Phase 1-A, an addition
Io the City of Denton, [h.nton County, Texas ns recorded in Cabinet U, Slide 862,
PRDCT;
THENCE S 2G°4T01" E, departing the southerly line of said F'ainvay T)rive, non tangent to said
curve, along the west line ofsaid Lot 23, Block 1, a distance of 141.88 fcet to a lit" rebar capped
set at the southwest corner of said Lot 23, Block 1;
THENCE S 89°28'ZR" E, along the south line ofsaid L,ot 23, Block 1, a diaance of 339.11 feet to
n 12" rebar capped set at the southeast comer of said Lot 23, Block I, said point lying in the east
1 ine of said Carmen tract and the west line of a tract of land (17tird'fract) as described in deed to
Demon County Club, recorded in Volume 199, Page 453, DRDCT:
'1'HENCL' S 04°20'22" ~~', along the cast (ine of said Carmen tract and the west line of said
Denton Courq• Club Third Tract, a distance of 395.15 feet to a railroad crosstie fence comer post
found at a southeast comer o1'said Carmen tract, said point lying in the north line of a tract of
land as described in deed to H.B. Bly, recorded in Volume 1913, Page 741, DR[)C1';
T1{GLACE N 88°14'40" W, along [he south line ofsaid Carmen tract and the north line ofsaid ely
tract, s distance of 145292 feet to a lfZ" rebar found at a reentrant corner of said Cantten tract
and the northwest corner oEsaid Bly tract;
THENCG S O1 °36'29" U', along the cast line of said Carmen tract, a distance of 1032:35 feet
(Deed 1032?G fccta to a If2" rebar capped set at the location of a 2-112" steel pipe previously
found (now obliterated) at the most southerly southeast comer of said Carmen tract, 1}um which a
I!2" rcbaz found bears S O1°08'15" W, 142$.53 feet (Decd 1428.98 fret) and a 60d nail found
bears S 13°41' E, 0.69 fact
THENCE S 80°29'48" LV, along the south line of said Camten tract, the nntth ]im of a tract of
land as described in Exhibit "A" of deed to Doyle Thompson, Jr., rCCOrded in Volume t U5, Cage
312, DRDCT, a distance of 1049.42 feet to the southwest corner of the herein described tract of
land and the southeast comer of a called 3.333 acre tract of land as described in decd to Argyle
United Methodist Church, recorded in documem number t}OS-161335, DRDGT, from which a 2-
I/2" steel pipe found bears S 80°29'4$" W, 802.64 feet;
THENCE N 0!°36'24" [, departing the south line of said Carmen tract and the north line of said
Thompson tract, along the cast line of said called 3333 aGrc Chttrrh tr~.~t, n QiStAnce of F(!),7R
feet to the northwest corner of said called 3.333 acre Church tract;
1'FIENCF. N 61°09'49" W, along the north line of said called 3333 acre Chutch tract and the
north line of a 14.OR4 acre tract of land as described in deed to Argyle United Methodist Church,
Page 8
s:\our documents\ordinances\OTz06-0035 country club village oveday.doc
recorded in Volume 5167, Page 1076, DRDCT, a distance of 713.61 feet to a 12" rehar capped
set in the easterly line ofatoremen[ioned U.S. H'sghway Na 377, facing the mast nartherty comer
of said 14.084 acre Church tract;
THENCE N 2ft°50'1 i" E, slang the southeasterly line of said U.C. Highway No. 377 and the
northrtiesterly line of said Carmen tract, a distance of 544.0$ feet to the POINT OF BEGINNING
and camaining 62.535 acres of land.
NOTE:
Bearings are referenced to the fins) plat of County Club Village, Phase 1-A, recorded in Cabinet
U, Slide 862 of the Plat Records of Uentan Gaunty, Texas.
Page 9
s:\our documents\ordinances\OTz06-0035 country club village oveday.doc
Exhibit B
Property Depiction
Page 10