HomeMy WebLinkAbout1999-317FILE REFERENCE FORM 99-317
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FILE(S) Date Initials
Amended by Ordinance No. 99-318
09/07/99
JR
Amended by Ordinance No. 2002-147
05/14/02
JR
Amended by Ordinance No. 2003-166
06/03/2003
JR
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Note Amended by Ordinance No 99-318
Note Amended by Ordinance No. 2002-147
ORDINANCE NO q q —
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 91-
034 TO PROVIDE FOR THE APPROVAL OF AN AMENDED CONCEPT PLAN FOR
PLANNED DEVELOPMENT 139 (PD-139) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 40123 ACRES OF LAND LOCATED BETWEEN BONNIE BRAE ROAD
AND INTERSTATE 35W AT FM 2449 (PONDER ROAD), PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING
FOR AN EFFECTIVE DATE (Z-99-010)
WHEREAS, on March 5, 1991, by Ordinance 91-034 the City Council approved a change
in zoning for 450 6 acres of landed to Planned Development 139 (PD-139) Zoning District, as more
particularly described therein, and
WHEREAS, Denton/CJW Partners, LTD, has applied for an amendment to the concept plan
for Planned Development 139 (PD-139) containing 40123 acres of land, and
WHEREAS, on August 11, 1999, the Planning and Zoning Commission recommended
approval of the amendment to the concept plan, and
WHEREAS, the City Council finds that the new concept plan will be in compliance with the
1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management
Strategies and Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That Ordinance 91-034, providing approval for the rezoning of 450 6 acres to
Planned Development 139 (PD-139) zoning district and the original concept plan for said district,
is amended by the approval of a new Concept plan attached hereto as Exhibit `B" and incorporated
herein by reference, and more particularly described in Exhibit "A", which is attached hereto and
incorporated herein by reference, subject to the following conditions
A Non-residential lighting on the property shall be designed and maintained so as not
to shine on or otherwise disturb, surrounding residential property or to shine and project
upward to prevent the diffusion into the night sky
B Access to Bonnie Brae including construction access will not be permitted until such
time that Bonnie Brae on either side of Ponder Road is either closed, or substantially
improved to include City of Denton standard pavement section and 100 year bridge
improvements
C No development other than the single family detached and one convenience store
may occur until the Interchange at I-35 and Ponder Road is reconstructed as a standard
diamond configuration, or Ponder Road is extended to Hwy 377 and Ponder Road through
the development is constructed with 2lanes in each direction
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D Access locations to Ponder Road will be determined at detail plan submittal
References to landscaped points of entry on the concept plan are merely to indicate that there
will be access points and that they will be landscaped
E The Concept Plan is subject to expiration per the table below
Concept Plan Expiration Requirements
Phases A/E, C, D, G, H, I & M shall be considered subject to expiration
requirements Phases B, F, J, K & L shall not be considered subject to
expiration requirements At least one phase (subject to expiration), selected
by the developer, must have an approved Detailed Plan by the end of the year
2000, with recorded final plat by the end of the year 2002 At least one
subsequent phase must have an approved Detailed Plan by the end of the year
2004, with a recorded final plat by the end of the year 2006, etc Failure to
comply with minimum time limits set forth in this section shall result in the
expiration of the Concept Plan and the developer must obtain new approval
of a Concept Plan that in the discretion of the City Council may be changed
from the zoning uses provided in the original Concept Plan
1
2000
2002
2
2004
2006
3
2008
2010
4
2012
2014
5
2016
2018
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2020
2022
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2024
2026
SECTION 2 That the provisions of this ordinance, including Exhibit B shall govern and
control over any conflicting provisions of Ordinance 91-034, but all provisions of Ordinance 91-034
as they apply to the remaining portion of the PD-139 zoning district land use regulations not herein
amended, shall continue in full force and effect
SECTION 3, That a copy of this ordinance shall be attached to Ordinance 91-034 showing
the amendment herein approved
SECTION 4 That 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
Page 2
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SE TON S5 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 tlus ordinance to be
published twice in the Denton Record-Chromcle, 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 1999
JACK29I ZER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
VA
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY c I14 V "— )&
U/{'rr v `
Page 3
EXHIBIT "A"
BEING a tract of land which is all of the James Edmonson Survey, Abstract No 401 and
the James L. Harris Survey, Abstract No. 555 and a part of the S A. Pritchett Survey,
Abstract No 1021 Denton County, Texas, and embracing Parcel No I described in deed
to Southwest Denton Joint Venture recorded in Clerks Document No. 094865 of the
Denton County, Deed Records and being more particularly described as follows
BEGINNING at the Southeast corner of the said James Edmonson Survey in the middle
of a County Road for the Southeast comer, from which an 8" pipe post bears
N88050'30"W 30 50 feet,
THENCE N8805013011W, to and along a fence for the South line of said tract, 2,658 80
feet to a 1" iron on the West side of a corner post of a fence, for the Southwest corner of
said Edmonson Survey and the Southeast comer of said S A Pritchett Survey and the
Southerly Southwest corner of said tract of land,
THENCE N00°33% along the common line of said Edmonson and Pritchett Surveys for
the Southerly West line of said tract of land, 2,217 50 feet to a I" anon on the East side of
an old 10" Oak comer post of a fence for a reentrant corner of said tract of land,
THENCE N 89*07' W, along a South line of said tract of land, 1,997 50 feet to a 5/8"
iron for the Westerly Southwest corner of said tract of land and the Southerly southeast
corner of the 42.526 acres tract described in the deed to the State of Texas for highway
right-of-way recorded in Volume 529, Page 538 of the Deed Records of Denton County,
Texas,
THENCE Northerly along the Westerly line of said tract of land and the Easterly line of
the said State of Texas tract the following calls and distances,
N 27024' E, 67 40 feet,
N 30031' E, 599 90 feet to a damaged highway monument,
N 77038' E 312 50 feet to a highway monument,
N 27*43' E, 644 50 feetto a highway monument,
N 17037' W, 183 10 feet to a damaged highway monument,
N 62028' W, 139 20 feet to a highwau monument,
N 27028' E, 426 00 feet to a highway monument,
N 22023' E, 99 70 feet to a damaged highway monument,
N 27037' E, 1,270 50 feet to a 1" iron in the North line of the said Pritchett
Survey and for the Northwest comer of this tract of land,
THENCE S 89*02' E, along the said North line of the Pritchett Survey, to and along the
North line of said Harris Survey, For the North line of said tract of land, 3,06180 feet to
a 1" iron for the Northeast corner of said Harris Survey and this tract of land,
THENCE S 00008' W, to and along the said middle of County Road, being also along the
East line of said Harris Survey, to and along the East line of said Edmonson Survey for
the East line of this tract of land a distance of 5,299 20 feet to the POINT OF
BEGINNING and containing 401.23 acres of land, more or less
EXHIBIT B
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CONCEPT PLAN
THE VINTAGE
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I nRYm.a. A MASTER PLANNED COMMUNITY t r, 0. _
A A PNIDRIT Nmr .•ar MO IRt DENTON, TEXAS
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ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCES 91-034
AND 99-317, TO CHANGE THE PERMITTED LAND USES FOR THE PLANNED
DEVELOPMENT 139 (PD-139) ZONING DISTRICT AND LAND USE CLASSIFICATION TO
ALLOW AMENITY CENTERS AND THE DRILLING, COMPLETING, OPERATING,
REWORKING, RECOMPLETING AND PRODUCING OF NATURAL GAS, SAID PD139
CONTAINS APPROXIMATELY 401 ACRES AND IS COMMONLY KNOWN AS THE
VINTAGE, PROVIDING FOR A SAVING CLAUSE, PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (ZO1-0048)
WHEREAS, on March 5,1991, by Ordinance 91-034 the City Council approved a change in
zoning for 450 6 acres of land to Planned Development 139 (PD-139) zoning district, as more
particularly described therein, and
WHEREAS, on September 7, 1999, by Ordinance 99-317 the City Council approved an
amendment to the Concept Plan of Planned Development 139 (PD-139) zoning district, as more
particularly described therein, and
WHEREAS, Denton CJW Partner, Ltd, has applied for an amendment to the concept plan for
Planned Development 139 (PD-139) containing 40123 acres of land as more particularly described
in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"), and
WHEREAS, on March, 27, 2002, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommended approval with conditions of the requested amendment
to the concept plan, and
WHEREAS, the City Council finds that the amendment to the concept plan is consistent
with the Comprehensive Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 Ordinances No 91-034 and No 99-317, providing approval for the rezoning of
450 6 acres to Planned development 139 (PD-139) and the original concept plan, and the amended
concept plan for the Property, are amended to allow gas well development and amenity center has
permitted uses, subject to the following conditions
1 Gas well development shall comply with Subchapter 35 22 of the Development Code
2 The location of any structure or apparatus related to gas well operations, within dedicated
parkland, shall be compatible with future plans for the parkland area
Page 1 of 2
3 Location of gas wells shall be disclosed to any prospective homebuyers
4 Amenity centers shall not be located in a floodplam area
SECTION 2 The provisions of this ordinance as they apply to the amendments herein
approved, shall govern and control over any conflicting provisions of Ordinances No 91-034 and
No 99-317, but all the provisions of Ordinances No 91-034 and No 99-317 as they apply to the
regulations of the district not herein amended, shall continue in force and effect and shall apply to
the remainder of said district
SECTION 3 A copy of this ordinance shall be attached to Ordinances No 91-034 and No
99-317 showing the amendment herein approved
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 inthe City ofDenton,
Texas, within ten (10) days of the date of its passage/Ln
PASSED AND APPROVED this the day of 2002
ATTEST
WALTERS, CIJY SECRETARY
10
APPAOVEDIA LEGA ORM
HERBERT Y, ATTORNEY
BY
EULINE BROCK, MAYOR
Page 2 of 2
Exhibit "A"
All of the James Edmonson Survey, Abstract No 401 and the James L Harris Survey, Abstract
No 555 and a part of the S A Pritchett Survey, Abstract No 1021, situated about 4 miles south
35 degrees west from the courthouse in Denton County, Texas, and embracing all of Parcel No 1
described in the deed to Denton CJW Partners, LTD, recorded in Clerks Document No 98-
R0036601 of the Denton County, Deed Records
Beginning at the southeast comer of said James Edmonson Survey in the middle of a County
Road for the southeast corner of said Parcel No 1, from which an 8" pipe post bears north 88
degrees-50 minutes 30-seconds west 30-5/10 feet
Thence north 88 degrees-50 minutes-30 seconds west, to and along a fence for the south line of
said Parcel No 1, a distance of 2658-69/100 feet to a 1" iron on the west side of a corner post of
a fence, for the southwest corner of said Edmonson Survey and the southeast corner of said S A
Pritchett Survey and southerly southwest corner of said Parcel No 1
Thence north no degrees-33 minutes-20 seconds east, along the common line of said Edmonson
and Pritchett Surveys for the southerly west line of said Parcel No 1, a distance of 2217-66/100
feet to a 1" iron on the east side of an old 10" Oak corner post of a fence for a reentrant corner of
said Parcel No 1
Thence north 89 degrees-06 minutes-19 seconds west, along a south line of said Parcel No 1, a
distance of 1997-71/100 feet to a 1" iron for the westerly southwest comer of said Parcel No 1
and the southerly southeast corner of the 42-526/1000 acres tract described in the deed to the
State of Texas for highway right of way recorded in volume 529, page 538 of the said Deed
Records
Thence northerly along the westerly line of said Parcel No 1 and easterly line of said State of
Texas tract
north 27 degrees-24 minutes east, 67-4/10 feet to a 5/8" iron set,
north 30 degrees-30 mmutes-19 seconds east, 599-93/100 feet to a damaged highway
monument,
north 77 degrees-36 minutes-05 seconds east, 312-4/10 feet to a highway monument,
north 27 degrees-46 minutes-04 seconds east, 644-48/100 feet to a highway monument,
north 17 degrees-40 minutes-05 seconds west, 183-48/100 feet to a damaged highway
monument,
north 62 degrees-19 minutes-40 seconds west, 138-75/100 feet to a highway monument,
north 27 degrees-26 minutes-28 seconds east, 425-07/100 feet to a highway monument,
north 22 degrees-24 minutes-56 seconds east, 100-27/100 feet to a damaged highway
monument,
north 27 degrees-39 minutes-15 seconds east, 1271-27/100 feet to a 1" iron in the north
line of said Pritchett Survey and for the northwest corner of the said Parcel No 1
S \Our Documents\Ordinances\02\Z01 0048 Legal Description the Vintage doe
Thence south 89 degrees-01 minutes-54 seconds east, along the said north line of Pritchett
Survey, to and along the north line of said Hams Survey, for the north line of said Parcel No 1, a
distance of 3059-35/100 feet to a 1" iron for the northeast corner of said Hams Survey and said
Parcel No 1
Thence south no degrees-07 minutes-20 seconds west, to and along the said middle of County
Road, being along the east line of said Hams Survey, to along the east line of said Edmonson
Survey for the east line of said Parcel No 1, a distance of 5300-12/100 feet to the place of
beginning and containing 401-203/100 acres of which 3-96/100 acres lie within said County
Road, leaving 397-243/1000 acres exclusive of said Road
Basis for bearings is deed call along the east line of Parcel No 1
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