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Home My WebLink About1998-395\\C ✓JL\VOL1\SN ED\02"\WL\Our Mcwente\O id ncee\98\Z 98 037 Ooc NOTE Amended by Ordinance No. 2001-189 ORDINANCE NO qtL�eZ� AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR 138 992 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 132 (PD 132) ZONING DISTRICT, THE SUBJECT PROPERTY IS LOCATED NORTH OF SHADY SHORES ROAD JUST NORTH OF I-35 EAST AND EAST OF SWISHER ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on October 18,1988, by Ordinance 88-166, the City Council approved a change in zoning for 414 9 acres of land to Planned Development 132 (PD 132) Zoning District, as more particularly described therein, and WHEREAS, on August 15, 1989, by Ordinance 89-101, the City Council approved an amendment to the concept plan of Planned Development 132 (PD 132) zoning district and a detailed plan for 217 3 acres of land, as more particularly described therein, and WHEREAS, on March 11, 1998, Mathew Goodwin, on behalf of Marc Foothc, applied to amend the approved concept plan for Planned Development (132) zoning district and provide for a detailed plan for 138 992 acres therein, and WHEREAS, on September 9, 1998, the Planning and Zoning Commission unanimously recommended approval of an amended concept plan for Planned Development 132 (PD 132) zoning district and a detailed plan for 138 992 acres located therein, and WHEREAS, on November 7, 1998, in the previous public hearing to this one, the City Council approved the amended concept plan for Planned Development 132 (PD 132) zoning district, and WHEREAS, the City Council finds that the detailed plan is in compliance with the concept plan for Planned Development 132 (PD 132) zoning district, the 1988 Denton Development Plan and the 1998 Denton Plan Policies, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the detailed plan attached hereto and incorporated herein by reference as Exhibit B for 138 992 acres located within PD 132, more particularly described by the legal description attached hereto and incorporated herein by reference as Exhibit A, is hereby approved with the following condition Tract D shall require a new Detail Plan if any portion is developed as any land use other than a public school and/or public park Z-98-037 SECTION II That the transportation improvements attached hereto and incorporated herem by reference as Exhibit C shall be required with the development of Tracts A, B, D and G SECTION III That the City's official zoning map is amended to show the approval of the detailed plan SECTION IV 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 SETION V 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 �.J PASSED AND APPROVED this the /7' day of f(.f�, 1998 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY � / i JA ILLER, MAYOR ' PAGE 2 EXHIBIT A (PAGE 1 OF 3) PROPERTY DESCRIPTION STATE OF TEXAS COUNTY OF DENTONi Being a tract of land gitualed in the G Walker Survey, Abstract No 1330 in the City of Denton, Denton County, Texas, and beingg a portion of that certain tract of land described in a deed to Taro Land, Inc as recorded in County Clerk's Flla No 97-ROO57731 of the Real Property Records of Denton County, Texas (RPRDCT I. and also being a portion of that certain called 3 000 acre tract of land described In a deed to Barry A Bogan as recorded in County Clerk's File No 97-R0043702, RPRDCT, and being more particularly described by metes and bounds as follows BEGINNING at a point of the Intersection of Page Road and Swisher Road, some being an Inner ell corner of said Tara Land, Inc tract, THENCE N 00 13'50' E, along a westerly line of said Tara Land, Inc tract and in Swisher Road, c distance of I, 511 72 feet to o northwest corner of sold Tara Land, Inc tract, THENCE, departing Swisher Road, along the common northerly lines of said Tara Land, Inc tract and the southerly lines of the tracts described In deeds to Joy Powell as recorded ,n Volume 1695, Page 921 of the Deed Records of Denton County, Texas (DRDCT 1, Gregory L Crawford as recorded in Volume 3229, Page 0920, DRDCT and J3ob and wife Beverly Cook as recorded In County Clerk's File No 93-R0053971, RPRDCT, the following 1 N 89 53106' E. a distance of 680 36 feet, W89 51,38' E, a distance of 975.20 feet to the southeast corner of said Cook tract, some being an Inner ell corner of said Toro Land, Inc tract, THENCE, along the common westerly lines of sold Tara Land, Inc tract and the easterly line of sold Cook tract, the easterly line of the tracts described in deeds to Betty J McDonnell, Russell McDonnell and wife, Della McDonnell as recorded In Volume 3013, Page 0540, DRDCT, Johnny F McCormick and wife, Lynda Gayle McCormick as recorded in Volume 3238, Page 0587, DRDCT and Ilene Powell as recorded in Volume 1695, Page 911, DRDCT, the following, N 00 34114' E. a distance of 320 09 feet, N 01 54'11' W, a distance of 34 17 feet, N 00 II'49' W, a distance of 331 30 feet, N 00 02'46' W, a distance of 397 50 feet to o point in the centerline of a proposed road, some lying In a circular curve to the left having o radius point that bears N 12 08'58' W, 500 00 feet, THENCE, departing a common westerly line of sold Tara Land, Inc tract and the easterly line of said Ilene Powell tract, along the centerline of sold proposed road, traversing sold Tara Land, Inc tract the following$ northeasterly, along sold circular curve to the left, through a central angle of 13 22'26' , an arc length of 116 71 feel and having a chord that bears N 71 09'49' E. 116 45 feet to the point of tongency, N 64 28'36' E, a distance of 341 78 feet to the point of curvature of a circular curve to the right, having a radius of 1,000 00 feet, northeasterly olong sold circular curve to the right, through a central angle of 16.29 '18' , on arc length of 2 y7 77 feet, and having a chord that bears N 72 43115' E, 286 78 feet, THENCE, departing the centerline of said proposed road, traversing said Taro Land, Inc tract the following, S Of 23156' E. a distance of 790 50 feet, N 88.14128' E. a distance of 69 31 feel, S 59 07117' E, a distance of 269 09 feet to a point In the centerline of a second proposed road, some lying in a circular curve to the right having a radius point that bears N 65 32'11' W. 1.350.00 feet, EXHIBIT A (PAGE 2 OF 3) THENCE, along the cenlerline of sold second proposed road, traversing sold Tara Land, Inc. tract the following, southwesterly, along sold circular curve to the right, througgh a central angle of 26 54'40' , an arc length of 634 08, feet and having a chord that bears S 37 55'09' W. 628.27 feet to the point of tangency, S 51 22130' W. a distance of 438.85 feet to the point of curvature of a circular curve to the left, having a radius of 1,000 00 feet, southwesterlyy, along sold circular curve to the left, through a central angle of 15 22'37' , an arc length of 268 38 feet, and having a chord that bears S 43 41111' W, 267 57 feet to the point of tangency. S 35 59'53' W, a distance of 223 57 feet to the point of curvature of a circular curve to the right, having a radius of 1.000 00 feet, southwesterly, along said circular curve to the right, through a central angle of 12.11'56' , on arc length of 212 91 feet, and having a chord that bears S 42.05'51' W, 212 51 feet to the point of tangency, ,S 48 11'4e' W. a distance of 472.21 feet to the point of curvature of a circular curve to the left having a radius of 800.00 feet, southwesterly, along said circular curve to the left, through a central angle of 15 41'16' , an arc length of 219 04 feet, and having a chord that bears S 40 21'10' W. 218 36 feet to the point of tangency, S 32.30'32' W. passing at an a proximate distance of 182 feet a common southerly line of sold Tara Land, Inc tract and the northerly line of the aforementioned Began tract, sold point being easterly, approximately 17 feet from the common northwest corner of sold Began tract end an Inner ell corner of sold Tara Land, Inc tract. continuing, traversing sold Began tract, passing of an approximate distance of 214 feet a common easterly line of said Tara Land, Inc tract and the westerly line of sold Rogan tract, said point being southerly, approximately 27 feet from the common northwest corner of said Rogan tract and an Inner ell corner of sold Taro Land, Inc tract, continuing, along the centerline of sold second proposed road and traversing said Tara Land, Inc tract for an overall distance of 510 24 feet to the point of curvature of a circular curve to the right having a radius of 1.500 00 feet, southwester�lyy, along sold circular curve to the right, througgh o central angle of 33 15144' , an arc length of 870 61 feet, and having a chord that bears S 49 08'25' W. 858 63 feet, THENCE, departing the centerline of sold second proposed road, traversing sold Tara Land, Inc tract the follow ing 1 S 34 21'II' E, a distance of 249 45 feet, N 56 50'45' E, a distance of 260 85 feet, N 81 18'35' E, a distance of 267 04 feel, N 46 33'00' E. a distance of 77 85 feet, N 65 10'04' E, o distance of 134 35 feet to an easterly line of said Tara Land, Inc tract, some being near the east line of said Swisher Road, THENCE S 00 32'50' W. along an easterly line of sold Taro Land, Inc tract and near the east line of sold Swisher Road, a distance of 337 93 feet to a point, sold point being called S 21 24153' W, a distance of 52 36 feet from the intersecilon of the north line of Chopporral Drive and the east line of said Swisher Road, THENCE S 00 53'03' E, along an easterly line of sold Tara Land, Inc tract and in said Swisher Rood, o distance of I, 070 15 feet to a point in Swisher Road, same being the northeast corner of the tract of land described In a Quitclaim deed to Lake Cities Municipal Utility Authority as recorded in Volume 1929, Page 830, DRDCT, and a southeast corner of sold Taro Land, Inc tract and also being situated northerly, approximately 80 feet from the northeast corner of Shiloh Cemetery, EXHIBIT A (PAGE 3 OF 3) d Tara tractJa d the norrtherrlly line of soldrting Lake Cities Municipal Util tynAuthority tract mmon uthpoeslsing atline oonsalpp oximatend, Inc distance of 202 feet the common northwest corner of sold Lake Cities Municipal Utility Authority tract and on Inner all corner of sold Tara Land, Inc tract, continuing, traversing sold Toro Land, Inc tract for an overall distance of 234 88 feet, THENCE, traversing sold Taro Land, Inc tract the following, N 01 59'16' E, a distance of 335 14 feet, N 16 05'10' W. o distance of 309 50 feet, N 82 05120' W, a distance of 330 74 feel, N 07 19'02' W, a distance of 426 04 feet, N 34 21'II' W, a distance of 252 75 feet to a point in the centerline of the aforementioned second proposed road, THENCE, along the centerline of sold second proposed rood, traversing sold Toro Land, Inc tract the followings S 66 32'54' W, a distance of 282 41 feet to the point of curvature of a circular curve to the left, having a radius of 1,000 00 feet, of 623s59yfeet�, and havcircular chord that bearseS.48r41i02' W. central 613g53 feeof t, 43'44' , on ore length S 86 55'22' W, departing the centerline of sold second proposed rood, a distance of 701 03 feet to a common west line of sold Tara Land, Inc tract and the cost tine of that certain tract of land described in o deed to Patrick D O'Brien and J Steven Rogers as recorded In Volume 934, Page 146, DRDCT, a distance of1,395.50 feet Ito otpoint to Page R Rood, some to sold abeingna northwest corners of sold Tara LOW, Inc tract, tract, THENCE S 89 55'13' E, with o northerly line of said Taro Land, Inc tract and in Page Rood, o distance of 1,077 93 feet, THENCE N 69 38'38' E. continuing alon o northerly line of sold Toro Land, Inc tract and in Page Rood, a distance of 296 73 feet to the POINT OF BEGINNING, and containing 6,054,510 square feet or 138.992 acres of land, more or less LNICPLTIIML ' N EXHIBIT B m(TAA Y (PAGE I OF 2) TtLnn 1jL ,mmtommm _ NI--__--__- I m I 1 IIA, tNTNA TtFMp11LL II _ AtttxenCN Ir I D tDl I FA Y , D I"$ ACC aF omrox om 1DIRr o Ire "I---•,.. - -�. _ — 1 L� PLANNED orvaorxtNT P O C K R U 5 P A G E R O A D WAS. 5 N A D A LCNOOL/ PARK t/�A ♦, / ruruNt xuLmAmr AON% ICDLTYAAL . / , �f`;i t p r t t t I IE t m Am furl m FA r . w 1 N YLAC, N E FxnL FWLY 10 mat AC I _ N 1 = �' , prr aT m f FwnY woFu i �A, OCTAL tll M f 1f'�l I LIBRARY eoAwrNl pn YIDTA •�y'�'S.�.S'-' •,ly',p�R�l1dY71.. 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P N Am ag' LY DETAILED PLAN ze THE PRESERVE OENTON, TEXAS EXHIBIT B (PAGE 2 OF 2) Z n �eR TYPICAL CORNER LOT REQUIREMENTS .wTw.. .wr D"ws tTAXIT I I I I TYTIwI wT eom w wYY wi eVTM 1w rme4 wr Z" w , LOT"TW TYPICAL LOT REQUIREMENTS err ier onrR �.. ��t P �� S A; 4F , � r � m wT osTN wa wwuw LOT eerx wv SINGLE FAMILY LOT REQUIREMENTS HIP F9 THE PRESERVE DENTON, TEXAS Z-98-037 EXHIBIT C TRANSPORTATION IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF TRACTS A, B OR G # TRANSPORTATION IMPROVEMENT TRIGGERED BY 1 Signalization of Spine Road at 1-35 Frontage Road based on Warrant Study Warrant Study shall begin Approved by TxDOT with the Development of Tracts A, B, and G 2 Interim right turn lanes at Spine Road and 1-35 Service Road (northbound Development of Tracts A, and westbound) B, or G (or C) 3 Construct Spine Road from Shady Shores Road (Old US 77) to northern Development of Tracts A boundary of Tract A as a two-lane 25-foot back-to-back street section, 8-inch or G thick concrete or 10-inch asphalt 4 Reconstruct Spine Road from I-35 Frontage Road to Shady Shores Road as Development of A, B, and a 4-lane divided street, 8-inch thick concrete or 10-inch asphalt G (or Development of Tract C) 5 Construct Spine Road from the northern boundary of Tract A to the creek Development of Tract G bisecting Tract G as a two-lane 25-foot back-to-back street, 8-inch thick concrete or 10-inch asphalt 6 Construct Spine Road from the creek bisecting Tract G to Edwards Road as Development of Tract D a two-lane 25 foot back-to-back street, 8-inch thick concrete or 10-inch thick (J K L, M N O or P) asphalt 9 Disconnect Swisher Road to the north of Tract B Development of Tracts A, BorG 10 Reconstruct Swisher Road from Shady Shores Road to the northern Development of Tract B boundary of Tract B as a two (2) lane rural road section, 6" thick Road width shall be 24' unless documentation shows substantial disruption or potential destruction of existing tree cover is likely to occur In this instance, an alternate road section to be no less than 20' wide shall be employed 14 Construct Edwards Road between Swisher Road and Spine Road as a 36- Development of Tract D foot back-to-back street, 6-inch thick asphalt or concrete, with no parking or (1, M N or O) direct driveway access 15 Remove Pockrus Page Road between Swisher Road and Spine Road Earlier of Construction of Edwards Road or, Development of Tract D A minimum of 80 feet of right of way will be dedicated for Spine Road with an additional 10-foot right of way reserved on each side for future acquisition and widening An additional 10 foot right of way (120 feet ultimately) will be reserved for a distance of 250 feet each side of the following 3 intersections to accommodate future turn lanes 1 Spine Road and Shady Shores Road 2 Spine Road and the road to Tracts H and 1 3 Spine Road and Edwards Road These Transportation Improvements are based on development of The Preserve, which assumes a generally south -to -north phasing pattern Should the development pattern shift due to external influences, the list of required Traffic Improvements shall be revised accordingly Definition of Tract Development — Platting of any portion of a specified tract ORDINANCE NO z4XI- 10q AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 98- 394 AND 98-395, TO PROVIDE A CHANGE IN THE REQUIRED TRANSPORTATION IMPROVEMENTS FOR THE PLANNED DEVELOPMENT 132 (PD-132) ZONING DISTRICT AND LAND USE CLASSIFICATION, 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-01-0003) WHEREAS, on November 17, 1998, by Ordinance 98-394, the City Council approved an amended Concept Plan for 427 616 acres located in the Planned Development (PD-132) Zoning District, as more particularly described therein, and WHEREAS, on November 17, 1998, by Ordinance 98-395, City Council approved a Detailed Plan for 138 9 acres of the aforementioned Planned Development (PD-132) Zoning District, and WHEREAS, both Ordinance 98-394 and 98-395 contained a schedule of required transportation improvements to be executed as the development progressed, and WHEREAS, on March 27, 2001, The Preserve at Pecan Creek Partners, Ltd submitted a request to revise the scope and phasing of those required transportation improvements through an amendment to the Concept Plan and Detailed Plan, and WHEREAS, on April 11, 2001, the Planning and Zoning Commission recommended approval of the amendment, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Ordinance No 98-394, providing for the approval of an amended Concept Plan for the Planned Development 132 (PD-132) Zoning District Classification and Use Designation, and Ordinance No 98-395, providing for the approval of a Detailed Plan for a portion of the Planned Development 132 (PD-132) Zoning District Classification and Use Designation, are hereby amended by approving the list of required transportation amendments attached hereto and incorporated herein by reference as Exhibit A for the entire Planned Development 132 (PD-132) Zoning District Classification and Use Designation, subject to the following condition The temporary road connection between Pockrus Page Road and Lakeview Boulevard will remain in place until such time that the proposed extension of Edwards Road to Lakeview Boulevard is completed SECTION 2 The provisions of this ordinance as they apply to the transportation requirements herein approved, shall govern and control over any conflicting provisions of Ordinances Nos 98-394 and 98-395, but all the provisions of Ordinance Nos 98-394 and 98-395 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 Ordinance Nos 98-394 and 98-395 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 /' day of M4& 2001 ATTEST JENNIFER WALTERS, CITY SECRETARY BY AP OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ME z -� EULINE BROCK, MAYOR PAGE EXHIBIT A r The Preserve Required Transportation Improvements Revised 3/22/01 Transportation Im rovement Triggered B 1 Signalization of Lakeview Blvd at IH 35E Frontage Road based upon Warrant Study Warrant Study Approved by TxDOT shall begin with the Development of Tracts A, B, and G 2 Interim right turn lanes at Lakeview Blvd and IH 35E Frontage Road Development of northbound and westbound Tract A B C or G 3 Construct Lakeview Blvd from Shady Shores Road (Old US 77) to northern Development of boundary of Tract A as a two-lane 26- foot back-to-back street section, 8- Tract A or G inch thick concrete or 10-mch thick asphalt 4 Reconstruct Lakeview Blvd from IH 35E Frontage Road to Shady Shores Development of Road as a 4-lane divided street, 8-mch thick concrete or 10-inch thick Tract C, or asphalt Development of Tracts A B and G 5 Construct Lakeview Blvd from the northern boundary of Tract A to the Development of creek bisecting Tract G as a two-lane 26-foot back-to-back street, 8-inch Tract G thick concrete or 10-mch thick asphalt 6 Construct Lakeview Blvd from the creek bisecting Tract G to Edwards Development of Road as a two-lane 26 foot back-to-back street, 8-inch thick concrete or 10- Tract J, L, N, O, or inch thick asphalt P 7 Construct Lakeview Blvd from Edwards Road to the northern boundary of Development of The Preserve as a two-lane 26 foot back-to-back street, 8-mch thick concrete Tract O or P or 10-mch thick asphalt 7A Construct Lakeview Blvd to northern most entry to Tract N as a two-lane 26 Development of foot back-to-back street 8-inch thick concrete or 10-mch thick asphalt Tract N 8 Complete Lakeview Blvd as a 4-lane divided road (two 26-foot back -to- Completion of back sections with a minimum 14 foot wide median) from Shady Shores Edwards Road and Road to Edwards Road, 8-inch concrete or 10-mch asphalt Development of Tracts H I and J 9 Disconnect Swisher Road north of Tract B Development of Tract A B or G 10 Reconstruct Swisher Road from Shady Shores Road to the northern Development of boundary of Tract B as a two-lane rural road section, 6" thick Road width Tract B shall be 24' unless documentation shows substantial disruption or potential destruction of existing tree cover is likely to occur In this instance, an alternate road section to be no less than 20' wide shall be employed 11 Widen and improve Shady Shores Road to provide separate left -turn lane at Development of main entrance to Tract C and Old US 77 providing a 36 foot wide, 6-mch Tract C thick rural section road with transitions 12 Widen and improve Old US 77 for approximately 500 feet in each direction Development of from Lakeview Blvd 36 feet wide, 6-mch asphalt or concrete to provide left- Tract C min lanes with transitions 13 Right turn lane (eastbound) on Lakeview Blvd at Old US 77 Development of Tract C 14 Construct Edwards Road between Swisher Road and Lakeview Blvd as a I Development of 36-foot back-to-back street, 6-mch thick asphalt or concrete, with no parking Tract L, N, or O or direct driveway access 15 Remove Pockus Page Road between Swisher Road and Lakeview Blvd and Development of provide interim access by connecting Indian Pamt Way to Pockrus Page with Tract D a 24 foot B-B 2 inch asphalt with 6 inch stabilized subgrade 15A Remove 2 inch asphalt connection between Indian Paint Way and Pockrus Construction of Page Road Edwards Road 16 Construct access to Tracts H and I from Lakeview Blvd as a 26-foot back- Development of to -back, 6-mch thick street, with no on -street parking or direct access Tract H or 1 concrete or asphalt) 17 Signalize the intersection of Lakeview Blvd and Shady Shores Road (Old Warrant Study US 77) when warrants are met shall begin with the Development of Tract C 18 Construct remaining two-lane, 26 foot back-to-back street, 8 inch thick Development of concrete or 10 inch thick asphalt from Edwards Road to northern property last Tract among line boundary N O or P Notes A mm inum of 80 feet of right-of-way will be dedicated for Lakeview Blvd with an additional 10-foot right-of-way reserved on each side for future acquisition and widening An additional 10 foot right-of-way (120 feet ultimately) will be reserved for a distance of 250 feet each side of the following three (3) intersections to accommodate future turn lanes Lakeview Blvd and Shady Shores Road Lakeview Blvd and the road to Tracts H and I Lakeview Blvd and Edwards Road These Transportation Improvements are based upon development of The Preserve which assumes a general south -to - north phasing pattern Should the development pattern shift due to external influences, the list of required Transportation Improvements shall be revised accordingly Definition of Tract Development — Platting of any portion of the specified tract G \9652\CORRWew Traffic Chart 3-22-01 wpd pi w a OR m 00&4� \\ OVOH b3HSIMS HII e 4 J I�