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Home My WebLink About1999-405FILE REFERENCE FORM 1 99-405 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Amended by Ordinance No. 2000-216 06/20/00 JR Amended by Ordinance No. 2009-302 12/01/09 JR Amended by Ordinance No. 2003-062 02/18/03 JR Amended by Ordinance No. 2010-254 10/05/10 JR Amended by Ordinance No. 2013-076 03/19/13 JR Amended by Ordinance No. 2013-182 07/16/13 JR P 99A 3OnMMCE E NOTE Amended by Ordinance No. 2000-216. ORDINANCE NO q9' 1f DJ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A PLANNED DEVELOPMENT NO 170 (PD-170) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 38 6 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHEAST CORNER OF NOWLIN ROAD AND ROBINSON ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-065) WHEREAS, Dowdy Anderson and Associates, Inc, on behalf of Wheeler Ranch, LTD, has applied for a change in zoning for 38 6 acres of land to a Planned Development (PD•170) zoning district classification and use designation, and WHEREAS, on October 13, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning, and WHEREAS, the City Council finds that the zoning 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 the zoning district classification and use designation of the 38 6 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is designated to Planned Development (PD) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions 1 That permitted land uses and development standards be restricted to those described in the Planned Development District Development Standards attached hereto and incorporated herein by reference as Exhibit B, and allow land uses permitted with a Specific Use Permit in an Commercial (C) zoning district if such use is approved by City Council 2 That 75 % of all exterior walls of all residential buildings be constructed of masonry 3 Cementicious products will only be used to replicate the material they are designed to replace 4 Development limited to no more than 143 units SSECTION 2 That the City's official zoning map is amended to show the change in zoning district classification SECTION 3 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 1 SECTION 4 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-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�dday of 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 EXHIBIT A FIELD NOTES to all that certain tract of land situated m the Berry Merchant Survey, Abstract #800, Denton County, Texas and being part of a called 80-Y2 acre tract described in the deed from L H, Head et al to Thomas T Kirby et ux recorded in Volume 382, Page 539, Deed Records, Denton County, Texas and all of a called 1973 acre tract described in the deed from Ava Joyce Kirby to Jerry Keith Kirby et ux recorded in Volume 1615, Page 51, Real Property Records, Denton County, Texas, the subject tract being more particularly described as follows BEGINNING for the Northwest comer of the herein described tract at a P K nail found in the intersection of Robinson Road and Nowlin Road for the Northwest comer of said 80-1/z acre tract and the Northeast corner of a called 84 786 acre tract described in the deed from Joe M Brooks and Maijone Lynn Brooks to Mel Wheeler et ux recorded in Volume 1054, Page 17, Deed Records, Denton County, Texas, THENCE S 89015'47" E , with Robinson Road and the North line of said 80 'Ya acre tract a distance of 95151 feet to a point for the Northeast comer of the herein described tract, THENCE S 00e42'01" W passing at 26 83 feet a 1/2" iron rod found in the occupied South line of Robinson Road and continuing along said course along and near a fence, in all, a total distance of 1442 79 feet for the Southeast comer of the herein described tract, THENCE' S 48°32'51" W , a distance of 1158 41 feet for a point, THENCE S 89°31'20" W , a distance of 4 06 feet, to a Y2" iron rod found in Nowlin Road for the Southwest corner of the herein described tract, THENCE N 01035'08" W , with said road a distance of 2222 61 feet to the PLACE OF BEGINNING and enclosing 38 6 acres of land more or less File/99.045/descnpbon-b zoo OOSSV NOSHH(114V A30M00 9996TS6ZZ6 XVd 99 ZT NON 66/97/OT EXHIBIT B KIRBY TRACT PLANNED DEVELOPMENT DISTRICT STANDARDS 10 Planned Development District — Single Family Residential - 6 0 (SF-6 0) 101 General Description: The Residential Tract is intended to accommodate single family residential uses The residential units will be comprised of Single Family- 6 0 (SF-6 0) products Development standards for the aforementioned housing type are outlined within tlus text 102 Permitted Uses: Land uses permitted within the Planned Development District (PD) are as follows a Residential units as described herein b Private or public recreation facilities c Churches/rectones d Schools — public, private, or state accredited e Parks, playgrounds and neighborhood recreation facilities including, but not limited to, swimming pools, clubhouse facilities and tennis courts f Fire stations and public safety facilities g Real estate sales offices during the development and marketing of the Planned Development h Public streets and private streets i Electronic security facilities including gatehouse and control counter j Accessory buildings and uses customarily incidental to the permitted uses k Temporary buildings and uses incidental to construction work on the premises, which shall be removed upon completion 103 Density: The overall allowed density for Tract 2 of the Planned Development District shall be 4 0 units per gross acre or a total of (154) units, as calculated on a gross land area basis (approximately 38 6 acres) 104 Required Parking: Parking shall be provided in accordance with Article VI, Section 35-301, Vehicle Parking Regulations of the City of Denton Zoning Ordinance \\NT SERVER-0\PLANNING\H-Eword\99045pd hil doc 101I T199 105 ogle-Family-6.0: Single-Family-6 0 units are a form of single family, detached housing This residential type will have access and frontage on a public or private street Building and area requirements are as follows a Lot Area: The minimum area of any lot shall be six thousand (6,000) square feet b Lot Coverage: In no case shall more than forty-five (45) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings Swimming pools, spas, deck, patios, driveways, walks, and other paved areas shall not be included in determining maximum lot coverage c Lot Width: The minimum width of any lot shall not be less than forty- five (45) feet at the front building line, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a mimmum width of forty-five (40) feet at the front building line, provided all other requirements of this section are fulfilled d Lot Depth: The minimum dept of any lot shall be one hundred (100) feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a mimmum lot depth, measured at mid -point on front and rear lot lines, of ninety (90) feet, provided all other requirements of this section are fulfilled e Front Yard The minimum depth of the front yard shall be twenty (20) feet Front porches, roof eaves, clumneys and other similar architectural elements may extend into the front yard f Side Yard The minimum side yard on each side of a lot shall be five (5) feet Aside yard adjacent to aside street shall not be less than fifteen (15) feet In no case shall a garage door opening be any closer than twenty (20) feet to the right-of-way g Rear Yard: The mimmum depth of the rear yard shall be ten (10) feet h Building Height: Buildings shall be a maximum of two and one-half (2 %2) stones 20 Planned Development Dlstnct — General Conditions 201 Conformance to All Applicable Articles of the Denton Zoning Ordinance. Except as amended herein, this Planned Development District shall conform to any and all applicable articles and sections of the Denton Zoning Ordinance, as it presently exists 2.02 Screening[Landsc ine along Robinson Road. Landscaping and screening shall be provided along Robinson Road where lots back to said thoroughfare and may consist of decorative metal fencing, stained wood fence with metal posts, landscape planting, cementitious fencing, masonry walls, living screens or a combination thereof \\NT SERVER-0\PLANNING\H-Eword\99045pd hll doc 10/13/99 203 General Concept Plan: A General Concept Plan is hereby attached and made a part of the ordinance It establishes the most general guidelines for the district by identifying the land use, approximate thoroughfare locations and project boundaries and illustrates the integration of these elements into a master plan for the whole district 2,04 Street Trees: A minimum of one (1) street tree shall be required on all residential lots within the street parkway 205 Open Space: The Planned Development district shall conform to the City of Denton Park Land Dedication Ordinance No 98-039 as it presently exists at the time the Planned Development District is approved Open space shall be approximately six (6) acres and shall consist of tree preserve areas, common areas, amemty center site, greenbelt parks, pocket parks, pedestnan/park connections, landscape buffers, floodplaln, electncal/power/utility easements 2.06 Maintenance of Facilities: The Owner(s) shall establish, with each preliminary plat submittal, a property owner's association, membership association or other designation that will be responsible for the improvement and maintenance of all common areas and/or common facilities contained within the area of the development plan \\NT SERVER-0\PLANNING\H-Eword\99045pd hll doc 10/13/99 J J � w 8� p 1 ORDINANCE NO 0?000'0? /ro AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 99- 257, ORDINANCE NO 99-367, AND ORDINANCE NO 99-405 TO PROVIDE FOR A DETAILED PLAN FOR APPROXIMATELY 253 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 170 (PD-170), PLANNED DEVELOPMENT 172 (PD-172), AND PLANNED DEVELOPMENT 176 (PD-176) ZONING DISTRICTS AND LAND USE CLASSIFICATIONS, THE SUBJECT PROPERTY BEING GENERALLY LOCATED EAST OF TEASLEY BETWEEN ROBINSON AND HICKORY CREEK IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-104) WHEREAS, on August 3, 1999, by Ordinance No 99-257, the City Council approved a change in zoning for 65 17 acres of land in Planned Development 172 (PD-172) Zoning District, and WHEREAS, on October 5, 1999, by Ordinance No 99-367, the City Council approved a change in zoning for 167 477 acres of land in Planned Development 176 (PD-176) Zoning District, and WHEREAS, on November 2, 1999, by Ordinance No 99-405, the City Council approved a change in zoning for 38 6 acres of land in Planned Development 170 (PD-170) Zoning District, and WHEREAS, on December 7, 1999, Wheeler Ridge L P submitted a Detailed Plan for 253 36 acres located in the PD-170, PD-172 and PD-176 zoning districts with the intent to develop a single-family residential subdivision, and WHEREAS, on May 24, 2000, the Planning and Zoning Commission recommended approval of a Detailed Plan for such 253 36 acres, and WHEREAS, the City Council finds that the Detailed Plan is consistent with the approved Concept Plans for PD-170, PD-172 and PD-176 and is consistent with the 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Ordinances No 99-257, 99-367 and 99-405, providing for the approval of Planned Development Zoning District Classifications and Use Designations for the properties described as PD-170, PD-172 and PD-176 are hereby amended by approving the Detailed Plan attached hereto and incorporated herein by reference as Exhibit B for 253 36 acres located within PD-170, PD-172 and PD-176, more particularly described by the legal description attached hereto and incorporated herein by reference as Exhibit A, subject to the following conditions MM WUVOLI�L`O Owemm„�99-,w Unfl ON®cuax 1 Traffic improvements, as outlined in the letter from the developer to City of Denton staff dated May 2, 2000 and attached hereto as Exhibit C, shall be required 2 If Denton County fails to purchase the right of way dedication reserve at the northwest corner of the adjacent Wynstone at Oakmont development, the applicant shall pay for the purchase of the property, as outlined in the letter from the developer to City of Denton staff dated May 2, 2000 and attached hereto as Exhibit D A 40 to 50 foot wide pedestrian access easement shall be provided between the commercial area and residential area at the northwest corner of the detailed plan SECTION 2 The provisions of this ordinance as they apply to the 253 36 acres shown in the detailed plan herein approved, shall govern and control over any conflicting provisions of Ordinance No 99-257, Ordinance No 99-367, and Ordinance No 99-405, but all the provisions of Ordinance No 99-257, Ordinance No 99-367, and Ordinance No 99-405, as they apply to that remaining portion 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 Ordinance No 99-257, Ordmance No 99-367, and Ordinance Nb,; 99,405 showing the amendment herein approved 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, official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the o?0 0 day of 12000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY f% l®tom U:T610-i \\CH LOUVOLIV411AR®\D9PILLOLW Q m"lmmmm\OM "IN D fi O\dmo ca APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 3 EXHIBIT A LEGAL DESCRIPTION BEING a tract of land situated in the B Merchant Survey, Abstract No 800 in the City of Denton, Denton County, Texas and being more particularly described as follows COMMENCING at a point of intersection of the approximate centerline of Robinson Rood (a variable width right—of—way) with the east line of Teasley Lone (F M Road No 2181)(o variable width right—of—way), Thence S 89'08'17" E , 640 87 feet along the said approximate centerline of Robinson Road to the POINT OF BEGINNING, THENCE continuing along the said approximate centerline of Robinson Road the following courses and distances S 89 08'17" E , 575 99 feet to a point for corner, S 8919'53" E , 1278 70 feet to a point for corner. S 891 O'l4" E , 951 33 feet to a point for corner, THENCE S 00*4157" W, 130760 feet leaving the said approximate centerline of Robinson Road to a point for corner, THENCE S 28'05'45" W, 282 97 feet to a point for corner, said point being on the southerly line of a IOC foot wide easement to the Texas Municipal Power Agency as recorded in Volume 374, Page 155 and Volume 517, Page 518 of the Deed Records of Denton County, Texas, THENCE S 48'31'20" W. 98203 feet along the southerly easement line of the said Texas Municipal Power Agency to a point for corner, THENCE N 89'31'08" W, 4 77 feet leaving the southerly line of said easement to a point for corner THENCE S 01*52*13' E , 4 14 feet to a point for corner being on the said southerly easement line to the Texas Municipal Power Agency, THENCE S 48'31 20" W, 1056 94 feet along the southerly line of said easement to a point for corner, THENCE N 89 44 42" E , 814 62 feet leaving the said southerly easement line to the Texas Municipal Power Agency to a point for corner, THENCE S 01'50'18" E, 1833 feet to a point for corner, THENCE N 89'4050' W, 6004 feet to a point for corner, THENCE S Ot 50'18" E. 60 04 feet to a point for corner, THENCE S 89'40'50" E, 6004 feet to a point for corner, THENCE S 01*50'18" E, 1230 22 feet to a point for corner THENCE S 89 42'48" W, 207609 feet to a point for corner, said point being in a non—tongent curve to the left running in a westerly direction and having a central angle of 02 32'43" a radius of 800 00 feet and 3 chord bearing of N 68 39'00" W , THENCE along sad curve 35 54 feet to the end of said curve, a point for corner, said point being the >egmning of another curve to the left having a central angle of 22'54'33" a radius of 700 00 feet and a :hard bearing of N 78'49'55" W , THENCE along said curve 279 89 feet to the end of said curve, a point for corner, THENCE S 89'42'48" W, 10000 feet to a point for corner being on the said east line of Teasley Lane THENCE N Ot'l3'50" W, 70467 feet along the said east line of Teasley Lane to a point for corner, THENCE S 85 05'31" E, 68087 feet leaving the said east line of Teasley Lane to a point for corner, THENCE N 03'56'18" E, 59945 feet to a point for corner, THENCE S 89'44 42" W , 734 99 feet to a point for corner being on the said east line of Teasley Lane, THENCE N 02*0700" W. 222345 feet along the said east line of Teasley Lane to a point for corner, THENCE N 87'53 00" E, 640 45 feet leaving the said east line of Teasley Lone to a point for corner, THENCE N 02'07'00" W. 71132 feet to the Point of Beginning and containing 253361 acres of land i� A g iIa yyip@p 6d§ago ;� a§n�4 �'i i — -- 9 ��E�� o�t��E�r�ttrrrrtrt�rrr�t�tr�rE�ErEt�tcrt�Er��r�Et��t�t��t�Etr�rr€�r��Et -, -=---- III I� PRO�►�,�rrirr •�� I � Eastern EXHIBIT C Development Companies 5225 Village Creek Drive, Suite 400, Plano, Texas 75093 (972) 267 6888, Fax (972) 818 8885 May 2, 2000 Mr David Salmon PE Engineering Administrator City of Denton 221 N Elm Street Denton Texas 76201 Dear Mr Salmon I have received your letter dated April 25, 2000 regarding the specific improvements required for our Wheeler Ridge Community located on Teasley lane and Robinson Road This letter is to serve as our acknowledgement that the road improvements required for the entirety of this community will be 1 ) Left and Right turn lanes into the community from Teasley Lane at the entrance 2 ) A two lane approach on Robinson Road at Teasley Lane 3 ) 25' asphalt road with curb and gutter along our frontage for Robinson Road 4 ) 25' asphalt road with curb and gutter along our frontage for hickory Creek 5 ) Wheeler Ridge will contribute $31,000 00 to the cost of signalization on Teasley Lane at Hickory Creek Road and Robinson Road If you have any questions please contact me Sincerely, Elvio Bruni EXHIBIT D Eastern Development Companies 5225 M11age Creek Dnve, Suite 400, Plano, Texas 75093 (972) 267-6888, Fax (972) 818 8885 May 2, 2000 Mr David Salomon Mr Paul Williams City of Denton 221 N Elm Street Denton Texas 76201 Dear Sirs, During a meeting held at City Hall several months ago with Mike Jez, Dave Hill and Rick Svehla from the City of Denton, Bill Anderson of Dowdy Anderson Engineering and myself a discussion was held about the future alignment of the proposed 2499 roadway Though the alignment has not been finalized by the county or the city, preliminary indications from discussions with the county engineers have indicated the probable need to use part of the "dedication reserve" held by Pulte homes at the northwest corner of their development As discussed during this meeting if the county, as indicated by the attached letter from County Commissioner Krueger, fails to pay for the condemnation expense and land cost of the "dedication reserve", Eastern Development Companies as general partner for the Wheeler Ridge development agreed to cover those cost Please allow this letter serve as our confirmation of that agreement Robert Prendergast For Wheeler Ridge