2005-302
S:\Our Documents\Ordinances\05\Z05-0020.doc
ORDINANCE NO. iJ.O(f)5- (30:<
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE OF APPROXIMATELY 95.16 ACRES FROM NEIGBORHOOD RESIDENTIAL 2
(NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO
NEIGHBORHOOD RESIDENTIAL 6 (NR-6) WITH AN OVERLAY DISTRICT
GENERALLY LOCATED ON THE EAST SIDE OF BONNIE BRAE, 1,300 FEET WEST OF
US 377 AND 2,800 FEET SOUTH OF ROSELAWN DRIVE LOCATED IN THE WILLIAM
ROARK SURVEY ABSTRACT NUMBER 1087 AND THE J EDMONDSON SURVEY,
ABSTRACT NUMBER 400.IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (Z05-0020)
WHEREAS, Wally Creel, Holigan Land Development initiated a change in zoning for
approximately 95.16 acres of land particularly described in Exhibit "A" attached hereto and
made a part hereof as Exhibit "A" (the "property") from Neighborhood Residential 2 (NR-2)
zoning district classification and use designation to Neighborhood Residential 6 (NR-6), with an
overlay district; and
, WHEREAS, on August 24, 2005, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommended approval of the requested change in zoning;
and
WHEREAS, the City Council makes the following findings:
a, The change in zoning, including the overlay district, is consistent with the
Comprehensive Plan; and
b, The overlay district 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 the overlay district serve important and substantial
public interests by preserving, the integrity of the neighborhood surrounding the
overlay district while offering a different type of residential home to the public
and the neighborhood; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The zoning district classification and use designations of the Property is
hereby changed from Neighborhood Residential 2 (NR-2) zoning district classification and use
designation to Neighborhood Residential 6 (NR-6) zoning districts and use designations, with
and overlay district (the "Overlay District") containing the following regulations:
a. Only single family detached land use is permitted,
b. The maximum density is 2.29 dwelling units per acre on the entire 95,16 acres.
The above regulations shall control within the Overlay District over any conflicting regulations
for the NR-6 district contained in the Denton Development Code.
SECTION 3, The City's official zoning map is amended to show the change in zoning
district 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 other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. 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 6, That 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 ;)j)ti.J day oNJ.I'IW~.1J ,2005.
~~clL
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: QMLftd1auidnL, ad:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYD " CITY ATTORNEY
BY:
EXHIBIT "A"
Denton Bonnie Brae Joint Venture
Legal Description of Land:
95.159 acres situated in the J. EDMONSON SURVEY, Abst. No. 400; S.A.
PRITCHETT SURVEY, Abst. No. 1004 and the WILLIAM ROARK SURVEY, Abst.
No. 1087, Denton County, Texas being that certain tract of land
conveyed to New Time Investments Corporation, by deed recorded in
Volume 2399, Page 112, Deed Records, Denton County, Texas, said 95.15~
acres being more particularly described. as follows:
Beginning at a 1 inch iron found at the most westerly northwest corner
of said New Time Investments Corporation tract, said point being the
called northwest carner of said ROARK SURVEY;
THENCE along the north line of said New Time Investment Corporation
tract, as follow:
South 89 degrees 39 minutes 12 seconds East, passin~ the north and
south lines of Bonnie Brae Street, and continuing, ~n all, 257.37
feet to a 1/2 inch iron found;
North 76 degrees 40 minutes 59 seconds East, 24.56 feet to a R.R.
cross tie found;
North 84 degrees 09 minutes 37 seconds East, 64.19 feet to a R.R.
cross tie found;
North 85 degrees 06 minutes 51 seconds East, 846.26 feet to a 1/2
inch iron found;
South 05 degrees 22 minutes 01 seconds East, 20.11 feet to a 1/2
inch iron found;
South 87 degrees 39 minutes 05 seconds East, 48.70 feet to a R.R.
cross tie found;
North 13 degrees 37 minutes 04 seconds West, 13.36 feet 1/2 inch
iron found;
North 61 degrees 33 minutes 43 seconds East, 46.27 feet to a 17
inch elm tree found;
North 42 degrees 27 minutes 51 seconds East, 111.66 feet to a 2
inch pipe found at t~e most northerly corner of said New Time
Investments Corporat~on tract;
South 72 degrees 49 minutes 31 seconds East, 600.57 feet to a
R.R. cross tie found;
South 72 degrees 52 minutes 54 seconds East, 45.79 feet to a 24
inch hackberry tree found;
South 89 degrees 21 minutes 09 seconds East, at 623.91 feet
passing a 36 inch pecan tree found, and continuing, in all,
727.87 feet to the most northerly northeast corner of said New
Time Investments Corporation tract, said point being in the
approximate centerline of Hickory Creek;
THENCE along the approximate centerline of said Hickory Creek, as
follows:
South 03 degrees 48 minutes 42 seconds West, 5.70 feet;
South 11 degrees 55 minutes 17 seconds West, 117.83 feet;
South 08 degrees 13 minutes 10 seconds East, 135.33 feet;
South 29 degrees 52 minutes 29 seconds East 81.59 feet;
South 35 degrees 26 minutes 48 seconds East 81.02 feet;
South 58 degree~ 09 minutes 18 seconds East, 77.42 feet;
South 83 degrees 22 minutes 20 seconds East, 37.05 feet;
North 86 degrees 32 minutes 02 seconds East, 67.57 feet;
North 69 degrees 44 minutes 53 seconds East, 59.45 feet;
North 55 degrees 49 minutes 11 seconds East, 93.46 feet;
North 39 degrees 18 minutes 29 seconds East, 22.77 feet;
North 79 degrees 52 minutes 44 seconds East, 51.72 feet;
North 84 degrees 22 minutes 39 seconds East, 46.63 feet to the
most easterly northeast corner of said New Time Investments
Corporation tract and the most northerly northwest corner of that
certain tract of land conveyed to V.D Burch, by deed recorded in
Volume 288, Page 137, Deed Records, Denton County, Texas;
THENCE South 00 de~rees 19 minutes 51 seconds West, along the common
line of said New T~me Investments Corporation tract and said Burch
tract, at 68.74 feet passing a 16 inch elm tree found on said New TIme
investments corporation tract and the northeast corner of the certain
tract of land conveyed to Joab Partnership, by Deed Identification No.
98-0095955, Deed Records, Denton County, Texas;
THENCE South 89 de~rees 08 minutes 48 seconds West, along the common
line of said New T~me Investments Corporation and Joab Partnersh~p
tracts, 3199.85 feet to a 1/2 inch iron found at the southwest corner
of said New Time Investments Corporation tract in said Bonnie Brae
Street;
THENCE North 00 degrees 27 minutes 19 seconds East, alollg the west
line if said New Time Investments Corporation tract, 1354.49 feet to
the POINT OF BEGINNING and continuing 95.159 acres of land.