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Home My WebLink About2003-166ORDINANCE NO. a A0J-16 6 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCES 91-034, 99-317, AND 2002-147 TO APPROVE A NEW CONCEPT PLAN FOR THE PLANNED DEVELOPMENT 139 (PD-139) ZONING DISTRICT AND LAND USE CLASSIFICATION, COMMONLY KNOWN AS THE VINTAGE, TO PROVIDE FOR A PRIVATE SCHOOL AND A REDUCTION OF SINGLE-FAMILY LOTS ON AN APPROXIMATE 401 ACRE PORTION OF SAID PD139; 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. (Z03-0010) 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, on May 14, 2002, by Ordinance 2002-147 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 401.23 acres of land; and WHEREAS, on May 14, 2003, the Planning and Zoning Commission concluded a public hearing as required by law, and recommend 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, No. 99-317, and No. 2002-147 are hereby amended as to approximately 401 acres of Planned Development District 139 as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property") to approve the rezoning of the Property by approving a new concept plan attached hereto and made a part hereof by reference as Exhibit `B", subject to the following conditions: 1. The final plat of the area designated as "private school' will not be approved until all the offsite right-of-way for Vintage Blvd., from Bonnie Brae to US 377 is conveyed to the City, free of encumbrances. 2. A Certificate of Occupancy (CO) will not be issued for a private school until either Bonnie Brae is closed to traffic or flood -gates are installed on Bonnie Brae north of Vintage Blvd. - to be determined by the City. 3. Notwithstanding any dimensions shown on the Detailed Plan to the contrary, all on -site and perimeter right-of-way for Vintage Blvd. shall have a minimum width of 120 feet, except for such additional right-of-way that is required for sidewalks, turn lanes, intersections, and the like. All right-of-way for Bonnie Brae shall comply with the requirements as set forth in the Denton Development Code. 4. Notwithstanding any dimensions shown on the Detailed Plan to the contrary, all water lines shall be sized to provide adequate flow in accordance with the provisions set forth in the Denton Development Code. 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, No. 99-317, and No. 2002-147, but all the provisions of Ordinances No.91-034, No. 99-317and No. 2002-147 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, No. 99- 317, and No. 2002-147 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. 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. PASSED AND APPROVED this the 0/CGS- day of ��(i 2003. G NCc ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL F RM: HERBERT L. ER-OJTY, CM ATTORNEY :• EULINE BROCK, MAYOR Page 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 comer 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 comer post of a fence, for the southwest comer of said Edmonson Survey and the southeast comer of said S. A. Pritchett Survey and southerly southwest comer 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 corner 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 minutes-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. 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 Harris Survey, for the north line of said Parcel No. 1, a distance of 3059-35/100 feet to a 1" iron for the northeast comer of said Harris 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 Harris 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. r' Exhibit B I . 1 {`1 y 1 1 CaNc�[CTORMAL J F.. w+rwv r vnar F.N1 AY'CL a✓c A624 � YRYroM - I'II' r/N T.pplt cL �I uN m 1 g I zoNCD / I VIL !� CG ✓ELnvyCNT cOMMpd ` FvM Da�e?tie Ik. , I�Ta. icrr, .� uN0 P01 I Mlxco ue41 1VN I r•auracc i I i v°�. ' i —E-VE a xacrscu�. �. �. w1�59.373i o.....wmw.=..+� IiwnWKw y am�xa� I ucNMs 1019 MA6 W111E 8. A P W fGIETT BIPV. /SST. N0. 1021. L 4 L NNUUB SARI. xBSt. NR 665 M011E ,.. rouxlocoxam.xear.No. WI • .w m w1iia� C% I 1 ✓I _.�(v OOTTOMLONO \ �4dD01✓ �I1 Ni•RLR \ = _:4v �J A �o l 71 \. L \ \\ tlPRIVA3CJJ d _,�..�a•Jmv� i AMENDED CONCEPT PLAN AMENDING TRACTS'P. K', & V THE VINTAGE A MASTER PLANNED COMMUNITY DENTON. TEXAS PD 139 wqn m�n..rp it • ` ® �� wn ®t