The URL can be used to link to this page

Home My WebLink About2009-168sAour documents\ordinances\09\z09-0002.doc ORDINANCE NO. 2106? —/U/ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APROVING A DETAIL PLAN TO ALLOW FOR 192 MULTIFAMILY HOUSING UNITS ON PROPERTY LOCATED WITHIN A PLANNED DEVELOPMENT (THE PRESERVE PLANNED DEVELOPMENT, PD-132) ZONING DISTRICT COMPRISING 15.645 ACRES IN SIZE BEING LOCATED 550 FEET EAST OF OLD HIGHWAY 77, NORTH OF SHADY SHORES BOULEVARD, SOUTH OF LAKEVIEW BOULEVARD AND WEST OF SWISHER ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $23,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z09-0002) WHEREAS, on December 18, 1984, the City Council approved by Ordinance No. 84-180 a Planned Development District for 17.1 acres (PD-88) along Swisher Road. (Z-1694); and WHEREAS, on December 18, 1984, the City Council approved by Ordinance No. 84-181 a Planned Development District for 49.41 acres (PD-89) north of Shady Shores Road and east of Swisher Road. (Z-1695); and WHEREAS, on October 18, 1988, the City Council repealed by Ordinance No. 88-166 the approved site plan and conditions applicable to PD-88 and PD-89 and approved a rezoning for 348 acres from Agricultural (A) to Planned Development (PD) with inclusion of the 66.51 acres from PD-88 and PD-89. The newly created Southview Planned Development District (PD- 132) included concept plan approval for the entire 414.9 acres. (Z-1861); and WHEREAS, On August 15, 1989, the City Council approved by Ordinance No. 89-101 an amended concept plan for Southview PD-132. (Z-89-003); and WHEREAS, On December 19, 1989, the City Council approved by Ordinance No. 89- 190 an amended development phasing schedule for Southview PD-132. (Z-90-003); and WHEREAS, On September 4, 1990, the City Council approved by Ordinance No. 90-126 an amended development phasing schedule for Southview PD-132. (Z-90-003); and WHEREAS, On November 17, 1998, the City Council approved by Ordinance No. 98- 393 a rezoning of 15.088 acres from Agricultural (A) to Planned Development (PD-132). The subject property was east of Swisher Road and west of the intersection of Swisher Road and Edwards Road. (Z-98-011); and WHEREAS, On November 17, 1998, the City Council approved by Ordinance No. 98- 394 an amended concept plan for 427.616 acres within the renamed The Preserve Planned Development (PD-132). The subject site is located within Area C, approximately 20 acres,. which allows for multifamily development. (Z-98-011); and WHEREAS, On February 6, 2007, the City Council approved by Ordinance No. 2007- 031, a detail plan for 10.3 acres of Area C within PD-132 for 192 apartment units, a leasing office and covered parking structures. (Z06-0027); and WHEREAS, Oakwood Development & Consulting, LLC, has applied for approval of a Detail Plan to allow for 192 multifamily dwelling units, amenity center, pool, passive pedestrian trail and parking on approximately 15.645 acres of land within the Preserve Planned Development (PD-132) zoning district, legally described in Exhibit "A", attached hereto and incorporated herein by reference (the "Property") and as defined by Exhibit `B", attached hereto, and incorporated herein by reference; and WHEREAS, on June 17, 2009, the Planning and Zoning Commission concluded a public hearing as required by law, and recommend approval of the requested Detail Plan; and WHEREAS, the City Council finds that the Detail Plan is consistent with the Denton Plan, and Chapter 35, Article IV, of the Denton Code, as well as the previously amended Concept Plan; 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 and found to be true. SECTION 2. The Detail Plan, attached hereto and incorporated herein by reference as Exhibit `B", is hereby approved for the Property, subject to the following conditions: 1. The maximum number of dwelling units permitted by this Detail Plan shall be 192 multifamily dwelling units, an amenity center, pool, passive pedestrian trail and parking on approximately 15.645 acres of land within Area C of PD-132. 2. The applicant shall provide a 6 foot tall wrought iron style fence along the perimeter of the 15.645 acre site, outside of the mapped floodplain. SECTION 3. 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 4. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the %/`yz ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:)u 0 h )a APPROVED AS TO LEGAL FORM: ANITA. BURGESS, CITY ATTORNEY Exhibit A Being a tract of [and situated in: the Gideon Walker Survey, Abstract Nol 1330. City of -Denton, Denton County, Texas, and being the rern.a`rnder of a called 25.928 acre tract of fond as described in a General Warranty Deed to Tronscontinentol Realty Investors; Inc., as recorded in Instrument Number 2005-128390, of the Deed Records of Denton County,. Texas, and also being all of Lot 2, Block A,, Preserve Al Recon Creek Addition, on addition to the City of Denton, according to the Conveyance Blot thereof recorded in Cabinet X, Page 740, plat Records, Denton County, Texas and being more particularly described by metes andbounds as follows: 8ECfNNING at a 5/8—inch iron rod found at :the most southerly southeast corner of said Lot 2, Block. A, sold ion rod; also being in the north right—of—way line of Shady Shores Road (vdriabte width R.O; ;); THENCE leaving the northerly right-of—woy line of said Shady Shares Road, and olong, the easterly line of Lot 1, Block A of the obovementioned addition the following bearings and distances, North 001.2-21" Eost, a distance of 222.42 feet to o 5/8—inch -iron rod found for darner; North 86"12'49" West, a distance of 300.47 feet to o 5/8—inch iron rod found for corner; North 12'19'19� West, ro distance of 382.46 feet to a 5/8—inch iron rod found for corner;. North 06`.58'0$" West, a distance of 333.42 feet to a 5,/8—inch iron rod found tar corner; North 3.5`26'48" East, a distance of 129.81 feet to o 5/8—inch iron rod found for corner; North 54*33'1 4" West, a distance of 251.60 feet to a 1/2—inch iron rod found for corner, .sold iron rod tieing in the southeriy done of o called 273.509 acre tract of land described in a Special Warranty Deed to i umbermen's Investment Corporation, ors recorded sn Instrument Number 2005-116256, of the Deed Records of Denta'n County, Texas, THENCE North 06'06'13" West, continuing :along the southerly fine of surd 273_60 acre tract of land, a distance of .r.s3>74 :teet to a 112=inch iron roof found for corner; THENCE North 57'iOO'5!q' Eost, con, nuing adonq the southerly fire of sold 2:73.609 acre tract of land, a distance of 427.68 feet to a 1 f2—inch iron rod found for the most northerly corner of aforementioned 25.928 acre tract; THENCE South 06'56°05" East; along the east line of said- 25.928 acre: tract and the savtherly tine of said 273.349 acre tract, passing of ra distance of 33,39 feet, the northwest corner of The Preserve of Pecan Creek, Section S; an addition to the City of Denton., Texcos os recorded in. Cabinet T, BPS=de 1,35, Plat Records of Denton County,. Texas, contfnuing along the east fine of said 25.928 acre tract and the west lime of said The Preserve of Pecan Creek, Section :B, a total distance of 199.96 feet to a 112--inch iron rod found for corner; THENCE in a southerly direction, continuing afong the east fine of sold 25.9.28 acre tract and the west line of said The Preserve at Pecan Creek, Section 8, the following; :South 04'02'14" Fast, o distance of 240_ 12 feet to a 112-inch iron rod `ound for corner; South 78'14'02" East, o distance of 327.12 feet to a 1/2-inch "Goodwin & Morsholf" capped iron rod found for corner; .South 05'1816' Fast, a distance of 292_32 feet to a 1/2-inch "Goodwin 8r Mar.shaff" capped iron rod found for corner., South 01'48'15" West, a distance of 335.00 :feet to o 1/2-inch iron rod found for the southwest corner of s'cid The Preserve at Pecan Creek, Section B; THENCE South 86'24'57" East, along the south line of said The Preserve at Pecan Creek, Section 8 and continuing along the east fine of said 25.928 acre tract, a distance of 27.44 feet to the north ►irest corner of a tract of land conveyed to Lake Cities Munic;pv!' utility Authority, recorded in Volume 1929. Page 830, heed Records of Denton, County, Texas_;. THENCE South OX35`29" West, departing the south tine of said The Preserve at Pecan Creek, Section B, Mons the West lure of said. Lake Cities .1.4unicipol Utility Authority tract and continuing along the east line of salr1 2.:28 Acre trail, o distance of 80:00 feet to the souihwest corner of .said Lake Cities Municipal Utility Authority tract, same being the occupied northwest corner of Shiloh Cemetery, THENCE South 001221" West; Wong the west line of sold Shiloh Cemetery and continuing along the aaaf Pure of said 25,928 acre tract, a distance of 424.14 feet to a 5/8-inch iron, rod found for a corner in the .north line of Shady Shares Road (variable width right of woy) THENCE North 88'72'49" West] along the north fine of Shady- Shores Read, a distance of '186,41 feet to the POINT' OF BFGfj\IN) v"G and contafhing 681,484 square feet or 15. t355 acres of land, more or less. CLUBHOUSE BUILDING TYPE'B' BUILDING TYPEvC' < fy�-� ••'�=.t^..-. �1 tp BUILDING TYPE 'D l7 '•%L� _ Exhibit B ea -- - - .-- /�. _"� _ -- =.-.,ram-.,,� �._.•,.r. •� - ---� ./�;� f2 j = <� tools; wDoo lavy r.. .: �.i:. ``kcgjj 1� i•`jl.� y:l--' �/v ,_T: �4 > `'�'h't/Y1 k\`'. ''� ..�-t I --;� "ram i , ; , � ,,.'�s, "aa `—�/off'` •• ' — — — \_ Cj• �r•.•�.'-- ; `L--- _'� y �!r•....•..-.r• ,' LOCATION MAP _ _��-•; _ �a s - �- - . m mil- 02 ... THE [AME 'AT yJ•. Q `••rF''r 2008.OL1B Y f MOT FOR CONSTRUCTION SITE P-1 AGILT OWENS ARCIIITECTS -- Dove .rives +-yawn. v�.,u ��Offi07 SREPtAN . T f duT F E '5' rz� Ir p TZ f-It, V140 Lj L ?M AN. 10 :M Elm . ......... . ........ R MV.- -7 . ............ ............... . . ............. . . u' 1¢� f $� i"1 fR}Se9#'1 th'�'•: R'fr ptAAR: 11 i FYF I how 1 Q lit .Q4r .,..