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Home My WebLink About2000-007P Wu,o,,,W ALWYr OpoemmYWNlomenVT MWIR OROMANCR doe ORDINANCE NO A) MO -40W AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 86- 101 TO PROVIDE FOR THE APPROVAL OF AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 115 (PD-115) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 230 111 ACRES OF LAND GENERALLY LOCATED NORTH OF WINDSOR ROAD BETWEEN BONNIE BRAE AND WESTGATE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-061R) WHEREAS, on May 20, 1986, by Ordinance 86-101 the City Council approved a change in zoning for 239 17 acres of landed to Planned Development 115 (PD-115) Zoning District, as more particularly described therein, and WHEREAS, MESA Design Group, on behalf of Intermandeco, Inc has applied for an amendment to the concept plan for Planned Development 115 (PD-115) containing 230 111 acres of land, and WHEREAS, on December 15, 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 86-101, providing approval for the rezoning of 239 17 acres to Planned Development 115 (PD-115) zoning district and the original concept plan for said district, is amended by the approval of a new Concept plan, for 230 111 acres of land, 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 1 That development regulations and standards are as identified in Exhibit C 2 Exterior of all buildings shall be 80% brick or stone 3 Multi -family zoned property shall have a maximum of 400 bedrooms with not more than 20% of the units having over 2 bedrooms 4 Prior to acceptance for filing of a preliminary plat for any portion of the property, a copy of a letter of intent between the owner of the property and the Denton Independent School District committing to the position of the school site must be submitted to the City 5 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 Puh—IWVtLL I.WwD mieWNbmwd5s1Y" MIR OMMA CEdm SECTION 2 That the provisions of this ordinance, including Exhibit B shall govern and control over any conflicting provisions of Ordinance 86-101, but all provisions of Ordinance 86-101 as they apply to the remaining portion of the PD-115 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 86-101 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 SECTION 5 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 day of �' 2000 JACI LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY M Page 2 EXHIBIT A FIELD NOTES 230 111 ACRES BEING all that certain lot, tract or parcel of land situated In the F Batson Survey Abstract number 43 and the N Wade Survey Abstract Number 1407, in the City of Denton, Denton County, Texas being a9 that certain tract of land conveyed by deed from Henry W Beckman and Gerald J Lafountain to John Linn Smith and wife, Dorothy Smith and Dillon Francis Smith and wife, Earia Joyce Smith, recorded in Volume 3071 Pago $8, Real Property Records Denton County Texas, and being more particularly described as follows BEGINNING at an Iron rod set far comer In the west line of the R Beaumont Survey Abstract Number 31 and in Bonnie Brae, a public roadway, said point being the northeast comer of that certain tract of land conveyed by deed from Life Tabernacle Church of Denton to City of Hope Church Ministries of Denton recorded under Cleft's File Number 97-R0014615 Real Property Records Denton County Texas THENCE N 89" 51' 29" W. pass at 464 88 feat the northeast comer of that certain tract of land conveyed by deed from John Linn Smith and Dillon Francis Smith to Billy D Harvey recorded in Volume 593, Page 33, Deed Records, Denton County Texas pass at 906 Be feet the northeast comer of that certain tract of land conveyed by deed from Clinton W Twedell and wife, Eltabeth Twadell to Joe G Wright and wife, Joy Wright, recorded in Volume 614, Page 600, Deed Records, Denton County Taxes, pass at 1366 37 feet the northeast comer of Westgate Hills North Phase III, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet P, Page 43, Plat Records Denton County Taxes a total distance of 2727 74 feet with the north fine of said City of Hope Church, Harvey end Wright Vacts and with the north line of said Wsstg ito Hills North Ph*" Ill to a nail found for comer in Westgate Drive, a public roadway, THENCE N 00" 07' 46" W, 29% 20 feet with said Westgate Drive to an iron rod set for comer, THENCE N 00" 30' 11" W, psss at 474 43 feet the southeast comer of that certain tract of land conveyed by deed from J and L Partners to Rancho Vista Development Company recorded In Volume 2695, Page 465, Real Property Records, Denton County Texas, a total distance of 1348 13 feet with sold Westgate Drive and with the east line of said Rancho Vista Development Company tract to an Iron rod found for comer at an ell of said Vista Development Company tract, THENCE N $00 45' 36" E, pass at 377 1 feet the southwest comer of that certain tract of land conveyed by deed from B F Johnson and Willie Mae Johnson to Debra Johnson Morgan recorded in Volume 3246, Page $09, Real Property Records, Denton County, Texas, pass at 6451 feet the southwest comer of that certain tract of land conveyed by dead from H R Perot, Jr to Hillwood Land/Denton Ltd recorded In Volume 2470, Page 690, Real Property Records, Denton County, Texas, pass at 190E 72 feet the southwest comer of that certain trod of land conveyed by deed from Shaul C Baruch to T 1239 B Joint Venture recorded in Volume 2432, Page 21, Real Property Records Denton County, Taxes, a total distance of 2759 31 feet with the south line of sold Rancho Vista Development Company Hdtwood Land/Denton and T 1. 239 B Joint Venture tracts to an iron rod found for corner In said Bonnie Bras and in the west line of the N Molsenheimor Survey Abstract Number 810, THENCE S 00" 10 35" W, 1902 57 het with said wool line of said Meisenheimer Survey and with sold Bonnie Brae to an Iron rod set for comer, said point being the northeast corner of that remnant of that certain tract of land conveyed by deed from Dillon F Smith and wife, Eerie Joyce Smith, to John Linn Smith and wife, Dorothy Elaine Smith, recorded In Volume 1487, Page 74, Real Property Records, Denton County, Texas, THENCE S $9" 66' 37" W, 988 35 feet with the north line of sold remnant Smith tract to an iron rod set for comer, sold point being the northwest comer of said remnant Smith tract £020 d b90L+V28+VT7 DNI 13>It3IQ-SInHQ-3113>0C183 z£ L0 0002-b0-NHt £6 d -"101 THENCE S 00" 13' 25" W, 144849 feet with the west line of said remnant Smith tract to an iron rod set for comer, said point being the southwest comer of said remnant Smith tract THENCE S 89" 30' 41" E, 61 16 feet with the south line of said remnant Smith had to an Iron rod set for comer, said point being the northwest comer of that certain tract of land conveyed by deed from Lyndal Carey to Enc Fullerton and wife, Marla R Fullerton, recorded under eiark's file number 95"R0008696, Real Property Records, Denton County, Texss, THENCE $ 00' 48 12" W, 237 62 feat with the west line of said Fullerton tract to an iron rod found for comer, said point being the southwest corner of said Fullerton tract, THENCE $ 890 11' 69" E, 93103 feet with the south line of said Fullerton tract to a point for comer in said Bonnie Brae, THENCE S 00° 10' 38" W, 669 48 feet with sold west line of said R Beaumont Survey and with said Bonnie Brae to the PLACE OF BEGINNING and containing 230 111 acres of land 0e WWMC9W4*UW NOW 01104 00 £2f£0 d Vg06+b7j8+CiZ -dFJI"Q-3113N)0813 2£ L0 60OZ-M-HHE m EXHIBIT B A U(c) r x BB 16 x{E VO31 T i � 1 1 1 1 1 1 1 1 I Parcel B MF-1 i Parcel C 1143 ac SF-5 l i 20 69 ec 1 ---•' 1 Parcel A l commerical l Office 23 38 Be I Parcel D SF-7 18 93 ac Parcel F SF-7 103 94 ac ' G' ' '1SF-14 3 &244 1 5 ! 1 1 i 1 � JPARK�/100 ! Be C� � ns nc / � _ xes Parcel E SF-5 12 07 ac W W41 E 61 W BOCNYYW "Tu A Y 6 t PD O L "N ----- --------------------------------------------- ----- _- NlY 81'�Y'W 9R1 )� SF-10 A I A A SMITH TRACT DECEMeea a. 1990 Proposed Concept Plan A r;W THE SMITH TRACT EXHIBIT C PLANNED DEVELOPMENT DISTRICT PD #115 DENTON,TEXAS This Planned Development District located between Bonnie Brae Road and Westgate Road, south of Highway 77 in Northeast Denton is the result of land planning for a mixed -use meeting the mutual goals of the City of Denton, surrounding landowners and developer Land Use Plan The land use plan falls within the guidelines of the current comprehensive plan and follows the proposed density model and planning goals for the new Denton Comprehensive Plan 1999-2000 prepared by City staff Commercial District The Commercial District is set up to encourage traditional town planning for historic Texas towns which have retail and office buildings at the front property line with pedestrian oriented sidewalks and parallel parking in front of the buildings, Large parking lots would be encouraged, but not required to be placed behind the buildings Street Infrastructure The street plan for the Smith Tract incorporates an East/West arterial across the northern part of the property, tying the I-35 corridor to Bonnie Brae There will be a North / South residential collector running through the center of the property connecting a southern entrance on Bonnie Brae to the East / West collector Parks / Open Space This track of land has an open space park dedication requirement of 5 75 acres based on the number of single family and multi -family units This district proposes three levels of parks and open space as follows Level One A A 18 22 acre joint use public park / school site in the Southwest comer of the development will be dedicated B Open space of 4 195 acres between the commercial and residential land uses to be used as a visual focal point at the roadway convergence Area to be maintained by Home Owner's Association Level Private pocket parks are scattered throughout the development to encourage playgrounds and breathing space for neighborhoods These would be maintained by private Homeowners Associations Level Three The developer has committed to an 80' R O W for a North / South residential collector This PD shall follow the City of Denton Zoning Ordinance in effect August 15, 1999, Chapter 35 All of the land uses in the PD use base zoning out of this ordinance and as amended as follows X 199 PRO ECTY99076 Smith Trac1JC0rrespondence19076PD12 4 99 doc Page 1 oeRCE A - CommercialOffice 23 38 ac Gross Acreage Public Dedicated R O W 3 93 ac Net Buildable Area 19 45 ac Maximum FAR 2 1 Maximum Dwelling Units 0 Maximum Height Restriction 2 stones 50' Square Footage in Dwelling Unit N/A Minimum Parking Permitted per ordinance Sidewalks per ordinance Open Space/Landscape Buffer per ordinance Minimum Front Yard Setback 0 feet in traditional town concept, per ordinance in any other concept Minimum Side Yard Setback 0 feet in traditional town concept, per ordinance in any other concept Minimum Rear Yard Setback 10, Screening Wall or Fences 1 All trash enclosures and service areas must be screened with fencing or live hedge 2 There shall be a 6' masonry wall built between office/commercial uses and single family See Appendix Exhibit A Minimum Amenity Package N/A Other Notes: • Commercial, retail and office uses are encouraged to be built to the front property line with parking lots behind and parallel street parking encouraged as in a central business district model following traditional town patterns • Developer will provide architectural elevations for detail plan review X 199 PROJECTS1199076-Smith 7)rnctlCorrespondence19076PD12 4 99 doe Page 2 To Gross Acreage 1143 ac Public Dedicated R O W 0 5 ac Net Buildable Area 10 93 ac Minimum Lot Width per ordinance Minimum Lot Depth per ordinance Minimum Lot Size per ordinance Maximum Building Coverage per ordinance Maximum Dwelling Units 200 Maximum Height Restriction per ordinance Minimum Square Footage in Dwelling Unit per ordinance Minimum Parking Permitted per ordinance Open Space/Landscape Buffer per ordinance Minimum Front Yard Setback 5' in traditional town concept, per ordinance in any other concept Minimum Side Yard Setback 10, Minimum Rear Yard Setback per ordinance Screening Wall or Fences Secunty fencing of complex shall not be permitted Mum uin Amenity Package N/A • Front yard set back of 5' to encourage traditional small town downtown model • Developer will provide architectural elevations for detail plan review X 199 PROJECTS199076 Smith TracilCorrespondence19076PD11-4-99 doe Page 3 Parcel C AND E SF 5 - E E Gross Acreage 20 69 ac 12 07 ac Public Dedicated R O W 5 7 ac 2 62 ac Net Buildable Area 14 99 ac 9 45 ac Minimum Lot Width Minimum Lot Depth Minimum Lot Size Maximum Building Coverage Maximum Dwelling Units Maximum Height Restriction Minimum Square Footage in Dwelling Unit Minimum Parking Required Open Space/Landscape Buffer Minimum Front Yard Setback Minimum Side Yard Setback Minimum Rear Yard Setback Screening Wall or Fences 45' 95, 5000 s f 40% Parcel C 106 lots Parcel E 59 lots 2 '/, stones or 36' 1600 s f 2 car garage pocket parks 25' 10' and 0' or 5' + 5' per ordinance 1 Masonry walls required where houses back to streets See Appendix "Exhibit A" Minimum Amenity Package 1 Pocket parks in all three tracts - acreage as follows Parcel C 732 ac, and Parcel E 39 ac Pocket parks to be maintained by a Home Owners' Association 2 Two 3" caliper, 65-gallon trees planted between the curb and sidewalk on each lot 3 80% masonry on structure as defined as net of windows and door openings X 199 PROJECM99076 Smith TractlCorrespondence190761`1)12 4 99 doc Page 4 PARCEL D— SF-7 D Gross Acreage 18 93 ac Public Dedicated R O W 5 65 ac Net Buildable Area 13 28 ac Minimum Lot Width per ordinance Minimum Lot Depth per ordinance Minimum Lot Size 7000 s f Maximum Building Coverage per ordinance Maximum Dwelling Units Parcel D 58 Maximum Height Restriction per ordinance Minimum Square Footage in Dwelling Unit per ordinance Minimum Parking Required per ordinance Open Space/Landscape Buffer per ordinance Minimum Front Yard Setback per ordinance Minimum Side Yard Setback per ordinance Minimum Rear Yard Setback per ordinance Screening Wall or Fences Builder detail wood fence to be consistent along south property line of parcel D See Appendix "Exhibit B" X 199 PRQ/ECTS199076 Smith TractlCorrespondence19076PD17 4 99 doc Page 5 PARCEL F— SF-7 F Gross Acreage 103 94 ac Public Dedicated R O W 25 49 ac Net Buildable Area 78 45 ac Minimum Lot Width Minimum Lot Depth Minimum Lot Size Maximum Building Coverage Maximum Dwelling Units Maximum Height Restriction Minimum Square Footage in Dwelling Unit Minimum Parking Required Open Space/Landscape Buffer Minimum Front Yard Setback Minimum Side Yard Setback Minimum Rear Yard Setback Screening Wall or Fences Minimum Amenity Package per ordinance per ordinance 7000 s f per ordinance Parcel F 390 per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance Wood fencing along east and north property line of Tract F adjacent to off -site neighbors shall be a builder required detail of a consistent design along property line See Appendix, "Exhibit B" Pocket parks as desired less than 5 ac To be maintained by a Home Owners' Association X 199 PROJECTM99076 Smith TractlCorrespondemxI9076PD12-4 99 doc Page 6 PARCEL n-SF 10 -- Gross Acreage 8 24 ac Public Dedicated R O W 147 ac Net Buildable Area 6 77 ac Minimum Lot Width per ordinance Minimum Lot Depth per ordinance Minimum Lot Size 10,000 s f Maximum Building Coverage per ordinance Maximum Dwelling Units 25 Maximum Height Restriction per ordinance Minimum Square Footage in Dwelling Unit per ordinance Mimmuin Parking Required per ordinance Open Space/Landscape Buffer per ordinance Minimum Front Yard Setback per ordinance Mimmum Side Yard Setback per ordinance Minimum Rear Yard Setback per ordinance Screening Wall or Fences per ordinance X Wit PROJECTS199076 Smith TracilCorrespondence19076PD11 4 99 doc Page 7 pa.r '. Gross Acreage 8 55 ac Public Dedicated R O W 147 ac Net Buildable Area 7 08 ac Minimum Lot Width per ordinance Minimum Lot Depth per ordinance Minimum Lot Size 16,000 s f Maximum Building Coverage per ordinance Maximum Dwelling Units 17 Maximum Height Restriction per ordinance Mmunum Square Footage in Dwelling Unit per ordinance Ingress/Egress per ordinance Minimum Front Yard Setback per ordinance Minimum Side Yard Setback per ordinance Mimmum Rear Yard Setback per ordinance X 199 PROJECTS199076 Smith TmalCorrespondence19076PD12 4 99 doc Page 8 PACE i School IDark Gross Acreage 1822 Public Dedicated R O W 107 Net Buildable Area 1715 Maximum FAR per ordinance Maximum Dwelling Units N/A Maximum Height Restriction per ordinance Square Footage in Dwelling Unit N/A Minimum Parking Permitted per ordinance Sidewalks per ordinance Open Space/Landscape Buffer per ordinance Mmunum Front Yard Setback per ordinance Minimum Side Yard Setback per ordinance Munnium Rear Yard Setback per ordinance Screening Wall or Fences per ordinance Minimum Amenity Package N/A Other Notes. • School / park site is to be 18 22 ac , overall site • The Denton Independent School District (DISD) will acquire ownership of the dedicated site If DISD ownership does not occur within 2 years of the approved zoning plan, the dedication will revert back to its original SF-16 and SF-7 zoning classification, at the discretion of the developer X 199 PRQ/ECTY99076-Wth Trac11Correapondence19076PD11-4 99 doe Page 9