2004-295O INANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FOR APPROXIMATELY 47.1 ACRES OF LAND GENERALLY LOCATED ON THE
SOUTH SDE OF INTERSTATE 35 EAST, APPROXIMATELY 1,000 FEET SOUTH OF WIND
RIVER LANE IN THE CITY OF DENTON, DENTON COUNTY, TEXAS WITHIN THE M.E.P.
& P.R.R.SURVEY, ABSTRACT NO. 950, WITH APPROXIMATELY 4.7 ACRES BEING
CHANGED FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2), NEIGHBORHOOD
RESIDENTIAL 3 (NR-3) AND NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU)
ZONING DISTRICTS TO A NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12)
ZONING DISTRICT WITH AN OVERLAY FOR PROFESSIONAL OFFICE USES ONLY;
APPROXIMATELY 23.8 ACRES BEING CHANGED FROM NEIGHBORHOOD
RESIDENTIAL 3 (NR-3) AND NEIGHBORHOOD RESDENTIAL MIXED USE (NRMU)
ZONING DISTRICTS TO A NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12)
ZONING DISTRICT; AND APPROXIMATELY 18.6 ACRES BEING CHANGED FROM
NEIGHBORHOOD RESIDENTIAL 2 (NR-2) AND NEIGHBORI-IOOD RESIDENTIAL 3 (NR-3)
ZONING DISTRICTS TO A NEIGHBORHOOD RESDENTIAL 2 (NR-2) ZONING DISTRICT.;
PROVDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
(Z04-0033)
WHEREAS, Shelton Development has applied for a change in zoning for approximately
47.1 acres of land located on the south side of Interstate 35 East, approximately 1,000 feet south of
Wind River Lane with approximately 4.7 acres more particularly described as Tract 1 in Exhibit "A"
attached hereto and made a part hereof by reference (the "Tract 1 Property") being changed from
Neighborhood Residential 2 CNR-2), Neighborhood Residential 3 {NR-3) and Neighborhood
Residential Mixed Use (NRMU) to Neighborhood Residential Mixed Use 12 (NRMU-12) with an
overlay for professional office uses only (the "Tract 1 Property Zoning Change"); with
approximately 23.8 acres more particularly described as Tract 2 in Exhibit "A" (the "Tract 2
Property") being changed from Neighborhood Residential 3 (NR-3) and Neighborhood Residential
Mixed Use (NRMU) to Neighborhood Residential Mixed Use- 12 (NRMU- 12); and approximately
18.6 acres more particularly described as Tract 3 in Exhibit "A' (the "Tract 3 Property") being
changed from Neighborhood Residential 2 (NR-2) and Neighborhood Residential 3 (NR-3) to
Neighborhood Residential 2 (NR-2); and
WHEREAS, on August 25, 2004, the Planning and Zoning Commission recommended
approval of the requested change in zoning; and
WHEREAS, with respect to the Tract 1 Property Zoning Change, the City Council makes the
following findings
The change in zoning, including the overlay district, is consistent with the
Comprehensive Plan;
The overly district will protect and enhance the Tract 1 Property and surrounding
area which are distinct from lands and structures outside of the overlay district and
the immediate neighborhood; and
The regulations imposed in the overlay district serve important and substantial
public interests by preserving the integhty and of the neighborhood surrounding
the overlay district while offering a different type; 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 zoning district classification and use designation of the Tract 1 Property is
hereby changed from Neighborhood Residential 2 CNR-2), Neighborhood Residential 3 (NR-3) and
Neighborhood Residential Mixed Use (NRMU) zoning districts to a Neighborhood Residential
Mixed Use 12 (NRMU-12) zoning district with an overlay allowing for Professional Office Uses
only; the Tract 2 Property is hereby changed from Neighborhood Residential 3 (NR-3) and
Neighborhood Residential Mixed Use (NRMU) zoning districts to a Neighborhood Residential
Mixed Use 12 (NRMU-12) zoning district; and the Tract 3 Property is hereby changed from
Neighborhood Residential 2 (NR-2) and Neighborhood Residential 3 (NR-3) zoning districts to a
Neighborhood Residential 2 (NR-2) zoning district.
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. 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 ~, 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PRO~T~~RNEY
PAGE 3
Exhibit A
ZONING DESCRIPTION
'TRACT 1
BEING A 4.669ACRE TRACT OF LAND SITUATED IN THE M.E.P. & P.R.R.
SURVEY, ABSTRACT NO. 950, IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS AND BEING A PART OF A TRACT OF LAND DESCRIBRD IN DEED TO
' WINDJ~K, LTD., RECORDED IN COUNTY CLERK'S FILE NO. 98-R0093041,
· REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS. SAID 4.669 ACRE .
TRACT WiTH BEARING BASIS BEING A WEST LINE OF SAID WINDJAMMER,
LTD. TRACT AND THE EAST LINE OF WIND RIVER ESTATES, PHASE 7 AND
· ADDiTION TO THE CITY 'OF DENTON RECORDED IN CABINET P, PAGE 151,
PLAT RECORDS, DENTON COUNTY, TEXAS, BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT THE soUTHWEST CORNER OF AFORBSAIWINDJAMMBR,
LTD. TRACT AND THE EAST LINE OF SUNDOWN RANCH PHASE 2
RECORDED IN CABINET R, PAGE 269-271, MAP RECORDS, DENTON COUNTY,
TEXAS AND A NORTHWBST CORNBR OF A 201.38 ACRE TRACT OF LAND
DESCRIBED IN DEED TO STATE OF TEXAS, RECORDED 11~ VOLU1VfE 435,
PAGE 12, DEED RECORDS, DENTON cOLrNTY, TEXAS;
THENCE NORTH 00 DEGREES 27 MINUTES 31 SECONDS EAST, ALONG THE
WEST LINE OF SAID WINDJAM/vlER, LTD. TRACT, A DISTANCE OF 1074.37
FEET TO TI{E POINT OF BEGINNING ' ·
THENCE NORTH 00 DEGREES 27 MllqUTES 31 SECONDS EAST, CONTINUING
ALONG THE WEST LINE OF SAID WINDJAMMER, LTD. TRACT AND THE
COMMON EAST LINE OF SAID SLrNDOWN RANCH, PHASE 2, A DISTANCE OF
712.44 FEET TO A PO1NT FOR CORNER;
THENCE OVER AND ACROSS SAD V~INDJAMMER, LTD. TRACT THE
FOLLOWING COURSES AND DISTANCES:
SOUTH 56 DEGREES 05 MINUTES 12 SECONDS EAST, A.DISTANCE OF
547.50 FEET TO A POINT FOR CORNER;
.SOUTH 27 DEGREES 31 MIN/JTES 14 SECONDS WEST, A DISTANCE OF
216.24 FEET TO A POINT FOR CORNER AND BEING THE BEGINNING OF
A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 62
DEGREES 28 MINUTES 33 SECONDS, A RADIUS OF 400.00 FEET, AND A
LONG CHORD THAT BEARS SOUTH 58 DEGREES 45 M1NIJTES 31
SECONDS WEST, A DISTANCE OF 414.87 FEET;
ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF
436.16 FEET TO A POINT FOR CORNELS;
SOUTH 89 DEGREES 59 MINUTES 47 SECONDS WEST, A DISTANCE OF
5.44 FEET TO'TIlE P~)INT OF BEGINNING AND CONTAINING 4.669
ACRES OF LAND, MORE OR LESS.
l:~ LD\UNICOP,31\02198501 ~tdata~ZONING TRACT I .doe
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ZONING DESCRIPTION
TRACT 2
BEING A 23.809 ACRE TRACT OF LAND SITUATED IN THE M.B.P. & P.R.R.
SURVEY, ABSTRACT NO. 950, IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS AND BEING A PART OF A TRACT OF LAND DESCRIBED IN DBBD TO
WINDJAMMER, LTD., RECORDED IN COUNTY CLERK'S FILE NO. 98-R0093041,
REAL PROPERTY RECORDS, DENTON COUNTY, .TEXAS. SAID 23.809 ACRE
TRACT WITH BEARING BASIS BEING A WEST LINE OF SAR) WIND3~R,
LTD. TRACT AND THE BAST LINE OF WIND RIVER ESTATES, PHASE 7 AND
ADDITION TO THE CITY OF DENTON RECORDED IN CABINET P, PAGE 151,
PLAT RECORDS, DENTON COUNTY, TEXAS, BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF AFORESAID
WINDJAMMER, LTD. TRACT AND THE BAST LINE OF SUNDOWN RANCH
PHASE 2, RECORDED IN CABINET R, PAGE 269-271, MAP RECORDS, DENTON
COUNTY, TEXAS AND A NORTHWEST CORNER OF A 201.38 ACRE TRACT OF
LAND DESCRIBED IN DEED TO STATE OF TEXAS, RECORDED IN VOLUME
435, PAGE 12, DEED RECORDS, DENTON COUNTY, TEXAS;
THENCE NORTH O0 DEGREES 27 MINUTES 31 SECONDS BAST, ALONG THE
WEST LINE OF SAID WINDJAMMER, LTD. TRACT, A DISTANCE OF 1074.37
FEET TO A POINT FOR CORNER',
THENCE OVER AND ACROSS SAID WINDJAMMER, LTD. TRACT
THE FOLLOWING COURSES AND DISTANCES;
NORTH 89 DEGREES 59 MINUTES 47 SECONDS EAST, A DISTANCE OF
5.44 FEET TO A POINT FOR CORNER AND BEING THE BEGINNING OF A
TANOENT CURVE TO THE LEFT HAVING A CBNTRAL ANGLE OF 17
DEGREES 20 MINUTES 22 SECONDS, A RADIUS OF 400.00 FEET,
AND A LONG CHORD THAT BEARS NORTH 81 DEGREES 19 MINUTES
36 SECONDS EAST, A DISTANCE OF 120.59 FEET;
ALONG SAID TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF
121.05 FEET TO THE POINT OF BEGINNING AND BEING THE
BEGINNING OF A TANGENT CURVE TOTHB LEFT HAVING A
CENTRAL ANGLE OF 45 DEGREES 08 MINUTES 11 SECONDS, A RADIUS
OF 400,00 FEET, AND A LONG CHORD THAT BEARS NORTH 50
DEGREES 05 MINIYrEs 20 SECONDS EAST, A DISTANCE OF 307.03
FEET;'
ALONG SAID TANGENT CURVE TO THE LEFr, AN ARC DISTANCE OF
315.11 TO A POINT FOR CORNER;
THENCE CONTINLKNG OVER AND ACROSS SAID W]ND~AMiVfBR, LTD. ~tACT
THE FOLLOWING CORSES AND DISTANCES:
NORTH 27 DEGREES 31 MINUTES 14 SECONDS EAST, A DISTANCE OF
216.24 FEET TO A POINT FOR CORNER; .
SOUTH 56 DEGREES 05 MINUTES 12 SECONDS EAST, A DISTANCE OF
651.07 FEET TO A POINT FOR CORNER;
SOUTH 33 DEGREES 56 MINUTES 25 SECONDS EAST, A DISTANCE OF
619.52 FEET TO A POINT FOR CORNER;
SOUTH 49 DEGREES 06 MINUTES 01 SECONDS WEST, A DISTANCE OF
417.77 FEET TO A POINT FOR CORNER;
SOUTH 06 DEGREES 50 MINUTES 44 SECONDS WEST, A DISTANCE OF
109.41 FEET TO A POINT-FOR CORN-ER;
SOUTH 54 DEGREES 01 MINUTES 55 SECONDS WEST, A DISTANCE OF
117.67 FEET TO A POINT FOR CORNER;
SOUTH 89 DEGREES 49 MINUTES 43 SECONDS WEST, A DISTANCE OF
286.46 FEET TO A POINT FOR CORNER;
THENCE NORTH 65 DEGREES 35 MINUTES 29 SECONDS WEST, A
DISTANCE OF 362.99 FEET TO A POINT FOR CORNER AND BEING THE
BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING CENTRAL
ANGLE OF 4? DEGREES 22 MINUTES 44 SECONDS, A RADIUS OF 100.00
FEET, AND A LONG CHORD THAT BEARS NORTH 41 DEGREES 54
MINUTES 08 SECONDS WEST, A DISTANCE OF 80.36 FEET;
ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF
82.69 FEET TO A POINT FOR CORNER;'
NORTH 18 DEGREES 12 MINUTES 46 SECONDS WEST, A DISTANCE OF
353.14 FEET TO A POINT FOR CORNER AND BEING TIlE BEGINNING
OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE
OF 1 $ DEGREES 12 MINUTES 46 SECONDS, A RADIUS OF 330.00 FEET,
AND A LONG CHORD THAT BEAKS NORTH 09 DEGREES 06 MINUTES
23 SECONDS WEST, A DISTANCE OF 104.46 FEET;
ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF
104.90 FEET TO A POINT FOR CoILN~R;
I:~SLD\UNICO RN\0219850 I ksda~a~ZONING TRACT 2.do¢
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NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF
292.20 FEET TO THE POINT OF BEGINNING AND CONTAINING 23.809
ACRES OF LAND, MORE OR LESS.
ZONING DESCRIPTION
TRACT 3
BEING A 18.566 ACRE TRACT OF LAND SITUATED IN THE M.E.P. & P.R.1L
SURVEy, ABSTRACT NO. 950, IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS AND 'BEING A PART OF A TRACT OF LAND DESCRIBED 1N DEED TO
WINDJAMMER, LTD., RECORDED IN COUNTY CLERK'S FILE NO. 98-R0093041,
REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS. SAID 18.566 ACRE
TRACT WITH BEARING BASIS BEING A WEST LINE OF SAID WINDJAMMER,
LTD. TRACT AND THE EAST LINE OF WIND RIVER ESTATES, PHASE 7 AND
ADDITION TO THE CITY OF DENTON RECORDED IN CABINET P, PAGE 151,
PLAT RECORDS, DENTON COUNTY, TEXAS, BEING MORE PARTICULARLY
DESCRI]3ED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF AFORESAID WINDJAMMER,
LTD. TRACT AND THE EAST LINE OF SUNDOWN RANCH PHASE 2,
RECORDED IN CABINET R, PAGE 269-271, MAP RECORDS, DENTON COUNTY,
TEXAS AND A NORTHWEST CORNER OF A 201.38 ACILE TRACT OF LAND
DESCRIBED IN DEED TO STATE OF TEXAS, RECORDED IN VOLUME 435,
PAGE 12, DEED RECORDS, DENTON COUNTY, TEXAS;
THENCE NORTH 00 DEGREES 27 MINUTES 31 SECONDS EAST, ALONG THE
WEST LINE OF SAID WINDJAMMER, LTD. TRACT, A DISTANCE OF 1074.37
FEET TO A POINT FOR CORNER;
THBNCE OVER AND ACROSS SAID WINDJAMIVIER, LTD. TRACT TI-IB
FOLLOWING DISTANCES AND COURSES:
NORTH 89 DEGREES 59 MINUTES 47 SECONDS EAST, A DISTANCE OF
5.44 FEET TO A POINT FOR CORNER AND BEING THE BEGINNING OF A
TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 17
DEGREES 20 MINUTES 22 SECONDS, A RADIUS OF 400.00 FEET,
A_ND A LONG CHORD THAT BEARS NORTH 81 DEGREES 19 MINUTES
36 SECONDS EAST, A DISTANCE OF 120.59 FEET;
ALONG SAID TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF
121.05 FEET TO A POINT FOR CORNER;
SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF
292.20 FEET TO A POINT FOR CORNER AND BEING THE BEGINNING OF
A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF l g
DEGREES 12 MI]MUTES 46 SECONDS, A RADIUS OF 330.00 FEET,
AND A LONG CHORD THAT BEARS SOUTH 09 DEGREES 06 MINUTES
23 SECONDS EAST, A DISTANCE OF 104.46 FEET;
I:XSLD\UNICORN~02198501~sdataLZONING TRACT 3.doc
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ALONG SAID TANGENT CURVE TO THE LEFT; AN ARC DISTANCE OF
104.90 FEET TO A POINT FOR CORNER;
SOUTH 18 DEGREES 12 MINUTES 46 SECONDS EAST, A DISTANCE OF
353.14 FEET TO A POINT FOIl CORNER AND BEING TH~ BEGnqNq[NG OF
A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 47
DEGREES 22 MINUTES 44 SECONDS, A RADIUS OF 100.00 FEET,
AND A LONG CHORD THAT BEARS SOUTH 41 DEGREES 54 IvlINUTES
08 SECONDS EAST, A DISTANCE OF 80.36 FEET;
ALONG SAID TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF
82.69 FEET TO A POINT FOR COKNBR;
SOUTH 65 DEGREES 35 MINUTES 29 SECONDS EAST, A DISTANCE OF
362.99 FEET TO A POINT FOR CORNER;
NORTH 89 DEGREES 49 MINLFrES 43 SECONDS BAST, A DISTANCE OF
286.46 FEET TO A POINT FOR CORNER;
NORTH 54 DEGREES 01 MINUTES 55 SECONDS EAST, A DISTANCE OF
117.67 FEET TO A POINT FOR CORNER;
NORTH 06 DEGREES 50 MINUTES 44 SECONDS EAST, A DISTANCE OF
109.41 FEET TO A POINT FOR CORNER;
NORTH 49 DEGREES 06 MINUTES 01 SECONDS BAST, A DISTANCE OF
417.77 FEET TO A POINT FOR CORNER; . .
SOUTH 79 DEGREES 51 MINUTES 56 sEcONDs EAST, A DISTANCE OF
558.97 FEET TO A POINT IN THE EAST LINE OF SAID WINDJAMMER,
LTD. Ti~ACT AND A WEST LINE OF AFORESAID STATE OF TEXAS
TKACT;
THENCE SOUTH 02 DEGREES z[3 MINUTES 43 SECONDS WEST, ALONG THE
EAST LINE OF SAID WINDJAMMEK, LTD. TRACT AND THE WEST LINE OF
SAID STATE OF TEXAS TRACT, A DISTANCE OF 500.64 FEET TO A POINT IN
THE SOUTHEAST CORNER OF SAID WINDJAMMER,LTD. TRACT AND A
NOKTHWEST CORNER OF SAID STATE OF TEXAS TRACT;
THENCE SOUTH 89 DEGREES 49 MINUTES 43 SECONDS %VEST, ALONG ~
SOUTH LINE OF SAID WINDJAMMER, LTD. TRACT AND THE NORTH LINE OF
SAID STATE OF TEXAS TRACT, A DISTANCE OF 1881.30 FEET TO THE POINT
OF BEGINNING AND CONTAINING 18.566 ACRES OF LAND, MORE OR LESS.
h~SLD\UN1CORN\02198501 ~daha\ZONING TKACT 3.doc
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