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HomeMy WebLinkAbout2000-008F \shared\dept\LGL\Our Documents\Ordinances\99\Z-99 073R ORDINANCE doe ORDINANCE NO O F- (%08 AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR THE APPROVAL OF A DETAILED PLAN CONTAINING 193 888 ACRES WITHIN THE AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 115 (PD-115) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION 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-99-073) 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, on January 4, 2000, by Ordinance 0� the City Council approved a change in zoning for 228 911 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 detailed plan for Planned Development 115 (PD-115) containing 193 888 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 detailed plan will be in compliance with the amended concept plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Detailed Plan attached hereto and incorporated herein by reference as Exhibit `B" for 193 888 acres located within PD-115, and more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference, is hereby approved, subject to the following conditions 1 That development regulations and standards are as identified in Exhibit "C" 2 Attached garages on property fronting Westgate shall have side and rear loaded garages only 3 All brick that is used in the project shall be "fired" brick 4 Maximum building height shall be 35' 5 A fence meeting the specifications of the detailed plan shall be constructed adjacent to private property on the eastern boundary of the project prior to the completion of phase 1 of the development 6 Along the north -south collector road, a minimum of two (2) traffic circles shall be required, subject to staff approval 7 Construction access shall be via Bonnie Brae 8 Lots within Block 0 may be reduced in width, without reducing the number of allowed lots, to \\CH LGL\VOLT\SHARED\DEPnLGL\Our Documents\Otd=nces\99\Z 99 073R ORDINANCE doe allow a pedestrian access way at or near mid -block Such pedestrian access way shall be subject to staff approval SECTION 2 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 3 That the provisions of this ordinance, as they apply to the 193 888 acres described by Exhibit A, govern and control over any conflicting provisions of ordinances relating to PD-115, as they relate to subject property, but all the provisions of said ordinances relating to PD- 115 as they apply to the remainder of the planned development district not herein amended shall continue in force and effect and shall apply to the remainder of said district SECTION 4 That a copy of this ordinance shall be attached to PD-115, showing the amendment herein approved SF TC ION 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 -Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED tlus the h day of , 2000 JAC LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY a Page 2 i�►:1:ia 7�Mtit�1 FIELD NOTES 193.888 ACRES BEING all that certain lot tract or parcel of land situated In the F Batson Survey Abstract Number 43 and the N Weds Survey Abstract Number 1407, In the City of Denton, Denton County, Texas, being a portion of that certain tract of land conveyed by deed from Henry W Backman and Gerald J Lefountsin to John Linn Smith and wife, Dorothy Smith and Dillon Francis SrrAth and wife Earls Joyce Smith recorded In Volume 3071, Page 88, Real Property Records Denton County, Taxes and being more particularly described as follows BEGINNING at an Iron rod found for comer in the west line of the R Beaumont Survey Abstract Number 31 and in Bonnie Brea, a public roadway, said point being the northeast comer of that certain tract of land conveyed by deed frond Life Tabernacle Church of Denton to City of Hope Church Ministries of Denton recorded under ClerKs Fib Number 97-R0014615, Real Property Records, Denton County, Texas, THENCE N a9. 61' 2W W. pass at 454 68 feet the northeast corner of that cartain 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 906,88 feet the northeast comer of that certain tract of land conveyed by deed from Clinton W. Twaddell and wife, Elizabeth Twaddle to Joe G Wright and wife, Joy Wright recorded In Volume 614, Page 500, Dead Records, Denton County, Texas, pass at 1366 37 feet the northeast comer of Westgate Hills North Phase III, an additional to the City of Denton Denton county, Taxes according to the plat thereof recorded In Cabinet P. Page 43, Plat Records, Denton County, Texas, a total distance of 2727.74 feet with the north line of said City of Hope Church Harvey and Wright tracts and with the north line of said Westgate Hills North Phase III to a nail found for corner in Westgate Drive, a public roadway, THENCE N 000 07' 46" W. 2906 20 feat with said Westgate Drive to an Iron rod found for comer THENCE N 00° 30 110 W, pass at 474A3 feet the southeast comer of that certain tract of land conveyed by dead from J and L Partners to Rancho Vista Development Company recorded in Volume 2695; Page 4e6, Real Property Records, Denton County, Texas, a total distance of 1348 13 feet with said Westgate Drive and with the east line of said Rancho Vista Development Company tract to an Iron rod found for comer at on inner all of sold Rancho Vista Development Company tract THENCE N 89° 46' 3V E. pass at 3771 feat the southwest comer of that certain tract of land conveyed by deed from B F Johnson and Willis Mae Johnson to Debra Johnson Morgan recorded in Volume 3245, Page 809, Real Properly Records, Denton County, Texas, pass at 645.1 feet the southwest comer of that cerlaln tract of land Conveyed by deed from H R Perot Jr, to Hiftwood LandlDenton, Lid recorded in Volume 2470, Page 690, Real Property Records, Denton County, Texas a total dtatencs of 1080 01 feet with the south One of said Rancho Vista Development Company and Hillwood Land/Denton tracts to a point for comer, THENCE S 000 30 1 V E. departing the south line of said HdPMood Land/Denton Tract, 730 69 feet to a point for comer, THENCE N 780 43' 2r E, 260 56 feet to @te beginning of a curve to the left having a central angle of 24° 05' 20", a radius of 700 feet and a tangent of 140 36 feet, THENCE along said curve to the Wil an arc distance of 294 30 feet to a point of reverse Curvature to the right having a central angle of 36' 21' S3", a radius of 630 00 feet and a tangent of 168 96 feet, THENCE along said curve to the right an arc distance of 32713 feet to a point for comer, THENCE East 840 86 feet to a point in Bonnie Brae, £0/eo d t,%14+172'8+t TZ ')NI 134061-51iM(I-3113N00ali TV VT W®Z—£0—NHf £6 d 1H101 THENCE S OW 10' 3W W. along Bonnie Bras, 60 fast to 9 point for Comer, THENCE West, departing Bonnie Bras, $40 67 feet to the beginning of a curve to the left having a central angle of 030 41' 12", a radius of 470 00 feet and a tangent of 16 13 feet, THENCE along said curve to the left an we distance of 30 24 feet to a point for comer, THENCE South, 356 68 feet to the beginning of a curve to the left having a central angel of 03" 16' 12", a radius of 470,00 feet and a tangent of 13 35 feat; THENCE along said curare to the left an arc distance of 26 69 feet to a point for comer, THENCE East, $43.11 feat to a point In Bonnie Bras, THENCE S 00010' 35" W, along Bonnie Bore, 80 00 het to a point for comer THENCE West, departing Bonnie Bras, 842 92 feet to the beginning of a curve to the right having a central angle of 020 63' 06" of a radius of $30 00 foot and a tangent of 13 36 feet THENCE along said curve to the right an arc distance of 26 68 feet to a point for comer, THENCE South, 63 32 feet to the beginning of a curve to the right having a central angle of 13' 63' 23", a radius of 1600 00 feet and a tangent of 162 71 feet; THENCE slang said curve to the right an arc distance of 363 63 feet to a point for comer, THENCE N 890 66' 37" E 91219 feet to a point in Bonnie Brae, THENCE S 00- 10' 35" W, 540 01 feet along Bonnie Brae to an iron rod found for corner, sold point being the northeast comer of the remnant of that certain tract of land conveyed by deed from Dillon F Smith and wife, Eris 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 890 56' 37" W, 988 36 feet with the north One of said remnant Smith tract to an iron rod found for comer, said point being the northwest comer of said remnant Smith tract; THENCE S 00' 13' 26" W. 1448 49 feat with the west line of said remnant Smith tract to an iron rod found for comer, said point being the southwest comer of said remnant Smith tract THENCE S 890 30' 41" E. 61 16 feet with the south line of said remnant Smith tract to an Iron rod Pound for comer, said point being the northwask comer of that cerioin tract of land conveyed by deed from Lyndal Carat' to 6rrc Fullerton and spouse, Marls R Fullerton recorded under Clerk's File Number 95- R0008596, Real Property Records Denton County, Taxes, THENCE S 00" 48' 12" W 237 62 feet with the west line of said Fullerton trset to an iron rod found for corner, geld point being the southwest corner of said Fullerton tract, THENCE S or 11' 59" E. 93103 fast with the south line of said Fullerton tract to a point for comer in said Bonnie Brae, said point being in the west hne of said R Beaumont Survey, THENCE S 000 10' 36" W, 669 48 feet with said west line of said R Beaumont Survey and with said Bonnie Brae to the PLACE OF BEGINNING and containing 193 888 acres of land 20 20 d t,96L+t M+bT2 'X4I'3NkRtQ-S[0dQ-3113)n089 Flo VT 000Z-£0-"Hr _a .I.JVbl HJJWS (M 0 b 001 03SOdO8d) OV08 3V?J9 31NN08 it i ! • , x g! W I s • y : e w ri , it e ..< a w n II it it it II I I �g " it sacs Q m5 U I wYY M'u 0 FIONU xOn d - 0 NW 30N3 xd I e " • r ' c . A a A P — _ _�•Y w�_--_—_-- y`Ar Fab rR C1t[ F I p j{j sL t �' ,RIII`P SI iol I T [ 1 �Y aY mwmw� I _ • h 1 i e I • 4 . I . I . .ffi i MurMlo w 3AI80 31VO1S3M ei—ss i - NOISIAIOHf1S �I N?IV.1 �1 .a'lir�M A p i � R ^y Z Zr 9110t / � CI lOt pZ1101 1 3 ,L 0 It 101 01101 A 6101 1 rcwt: $ , 9 101 k l lol Obi' S 101 awLL RIP ep6, IS 2 101 1 101 F EXHIBIT B SVXU 'No1NMo Ill IDvai Fwws n (MON 00L OV08 3V2 tl��I o ;l sid �— j� N N n o t, •� • � 8 • 3� • I ' Ira NHS dd� � I \J m y} S a f e j v �- I n � r• m l �- \\ tgy � •f it 'iA Ty � !a ay /a yR a a P R r r� r o33n _ } � n 577 r •L �^ � a L� 'PnY O1Wa4W �— ^•� T s a z • T ELr mt J R . I to ; 1 •mr I i (w 4 jl � 11 �.y } 1 a g • II i ' i II t 4 I tla -;I a'd n y) • '� n b Se 1 I F _ _—II 1 1 1 I iL W. j v a ' s 7r r —7x� _I jTT —" - iDaaaa cTrri.Px�mmP 59. 3 vd 969a wn — 3AING 31VO1S3M ,._ �•+ OO 11430d IM30 Y15N OHOPtltl d -NOISIA108nS N?iVd 31 V`11S�M r f 1 aA svxat "rowla S a 1I 111 1:)VS1. H1rovS rn I !s it I I I I i �#WIII11111 1 ��! 1 (M 0 a OOt 03SwdOHd) OVOa 3V8ED31 O8 g3$$1adt j 'all ° �_ �•la i yygg {{{e pyp$$ a ML ,I a I s •p i s 30 ryt e S 0 y W 0 xW[uadv 0 ! � H1Pi 3! 9 _ R P A rR P Ire a. -i r--w v i • s, q A I R� y p y P F 9 � y " Zl !Ol IL iol 1 •" I iy y — .0 qp 8 lO, c101 r 9101 s101 A� c l0, T• 6 x 101 l — _ —� 3A18 31VO1S3M NOISIAIC] 77 ' - NJVd 31'O1S a gl l i i l l l l lL3dal HlIWS Jill '��iiiiiiiii ^ IVV ICl/\IUL11 Il I THE SMITH TRACT EXHIBIT C- PLANNED DEVELOPMENT DISTRICT PD #115 DENTONJEXAS 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 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 rnnnmg 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 multifamily 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 corner 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 vonvergence Area to be maintained by Home Owner's Association Level Two Private pocket parks are scattered throughout the development to encourage playgrounds and breathing space for neighborhoods These would be maintained by private Homeowners' Associations 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 zonmg out of this ordinance and as amended as follows X 199 PROJEC7S199076Smith 7YnctlCorrespondence19076PD12 4 99 doe Page 1 PARCEL A -Commercial Office Gross Acreage 23 38 ac ` 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 Muumum Amenity Package N/A • 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 PROJBC7SI99076 Smith 2iactlCormpondemxI9076PO12-4 99 doc Page 2 PARCEL g MF 1 Gross Acreage 1143 ac Public Dedicated R O W 0 5 ac Net Buildable Area 10 93 ac Mmunum Lot Width per ordinance Mmunum Lot Depth per ordinance Minimum Lot Size per ordinance Maximum Building Coverage per ordinance Maximum Dwelling Units 200 Maximum Height Restriction per ordinance Mmmmm Square Footage in Dwellmg 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, Mmunum Rear Yard Setback per ordinance Screening Wall or Fences Security fencing of complex shall not be permitted Minimum 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 M PROJECTM990764mith TrecitCorrespondence19076PDl2-4-99 doe Page 3 Parcel C AND E SF 5 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 Mmunum Lot Depth Minimum Lot Size Maximum Building Coverage Maximum Dwelling Units Maximum Height Restriction Minimum Square Footage in Dwelling Unit Mmunum 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 %a 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 W PROJECTS1990764mith TractlCorrespondmce19076PD12-4 99 doc Page 4 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 Muumum 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 PRQ18CM99076 Smith 7YactlCorrerpondenee19076PD11-4-99 doe Page 5 Gross Acreage 103 94 ac Public Dedicated R O W 25 49 ac Net Buildable Area 78 45 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 F 390 Maximum Height Restriction per ordinance Minimum Square Footage in Dwelling Unit per ordinance Mmunuin Parking Required per ordinance Open Space/Landscape Buffer per ordinance Minimum Front Yard Setback per ordinance Mmunum Side Yard Setback per ordinance Minimum Rear Yard Setback per ordinance Screening Wall or Fences 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" Minimum Amenity Package Pocket parks as desired less than 5 ac To be maintained by a Home Owners' Association X 199 PROJECTM99076 Smith TracdCormpondence19076PD1I-4 99 doe Page 6 PARCEL CF 10 G - Gross Acreage 8 24 ac Public Dedicated R O W 147 ac Net Buildable Area 6 77 ac Mmunum 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 Minimum Parking Required per ordinance Open Space/Landscape Buffer per ordinance Minimum Front Yard Setback per ordinance Mmunum Side Yard Setback per ordinance Minimum Rear Yard Setback per ordinance Screening Wall or Fences per ordinance X 199 PRQIECM99076-Smith 7YnctlCormpondmmI9076PD12 4 99 doc Page 7 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 Budding Coverage per ordinance Maximum Dwelling Units 17 Maxunum Height Restriction per ordinance Minimum Square Footage in Dwelling Unit per ordinance Ingress/Egress per ordinance Mmunum Front Yard Setback per ordinance Minimum Side Yard Setback per ordinance Mmunum Rear Yard Setback per ordinance X 199 PRQIRCTS199076-Smith TrocilCorreapondence19076PD11 4-99 doe Page 8 PACE J School/Park Gross Acreage 1822 - Public Dedicated R O W 107 Net Buildable Area 1715 Maximum FAR per ordinance Maximum Dwelling Umts N/A Maximum Height Restriction per ordinance Square Footage m Dwelling Unit N/A Mmunum Parking Permitted per ordinance Sidewalks per ordinance Open Space/Landscape Buffer per ordinance Murmmm Front Yard Setback per ordinance Minimum Side Yard Setback per ordinance Mmimum Rear Yard Setback per ordinance Screening Wall or Fences per ordinance Mummun 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 withm 2 years of the approved zoning plan, the dedication will revert back to its ongmal SF-16 and SF-7 zoning classification, at the discretion of the developer X 199 PRQIEC7S199076-Sm1tA 7YnctlCormpondence19076PD12-4 99 doe Page 9