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Home My WebLink About2000-131C\WMOOWMTBMPZA WE ORDINANCE NO a(W 2 / AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AN AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT 179 (PD 179) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 47 3 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET (F M 426), APPROXIMATELY 3,000 FEET EAST OF THE INTERSECTION WITH TRINITY ROAD, PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN FOR 47 3 ACRES, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-046) WHEREAS, Paul Spain, on behalf of Dieter Schwartz, has applied for a change in zoning for 47 3 acres of land from an Agricultural (A) zoning district classification and use designation to a Planned Development (PD) zoning district classification and use designation, and WHEREAS, on October 20, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning, and WHEREAS, the City Council finds that the change in zoning will be consistent 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 the zoning district classification and use designation of the 47 3 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from an Agricultural (A) zoning district classification and use designation to Planned Development 179 (PD 179) zoning district classification and use designation with the approval of the concept plan attached hereto as Exhibit B and incorporated herein by reference under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions I Street and transportation improvements shall be constructed in accordance with the phasing plan attached hereto and incorporated herein by reference as Exhibit C 2 75% per cent of the exterior of all buildings shall consists of qualified masonry products 3 No more than 50% of all homes on lots of 7000 square feet or more shall have front entry garages 4 That a minimum of 3 5 acres of the property described herein is reserved as private open space, which is easily accessible to all residents of the neighborhood SECTION 2 That the City's official zoning map is amended to show the change in zoning district classification CMMMWMTEMP 9A016din SECTION 3 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 4 That if any section, subsection, paragraph, sentence, clause, phrase, word, or provisions of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or part or provisions hereof, other than the part so decided to be invalid or unconstitutional, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity SECTIONS 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 L� 2000 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY I,Ke) � Page 2 EXHIBIT A Field Notes for 47.3 ACRE TRACT south of McKinney Street (F.M. 426) All that certain 47 300 acre tract or parcel of land situated in the William Durham Survey, Abstract Number 330, Denton County, Texas, said tract being all of a called "Tract II" conveyed to McKinney Denton Property, L P , a Texas limited partnership, by deed recorded in Volume 3128, page 0996 of the Real Property Records of Denton County, Texas, said 47 300 acre tract being more particularly described as follows Beginning at a found''%" Iron Rod at the occupied southwest comer of the herein desabed tract, said comer being South 86055'27" East 7 0 feet from a Corps of Engineers monument marked P- 250-W, THENCE North 3058' 25" East with the occupied West line of said McKinney Denton Tract and generally with a fence a distance of 2,340 84 feet to a found %" iron rod for the occupied northwest corner of the herein described tract on a circular curve concave to the Southwest and having a radius of 610 61 feet and a tangent bearing of South 550 26' 27" East, THENCE run along the arc of said circular curve through a central angle of 80 19' 16" for a distance of 88 68 feet to a found 'A" Iron Rod, THENCE South 46° 46' 12" East in the south line of McKinney Street (Old McKinney Road) as described by deed in Volume S, page 366 Deed Records, a distance of 955 59 feet to a found %" Iron Rod, THENCE South 47" 27' 12" East with said McKinney Street a distance of 315 62 feet to a found ''/2" Iron Rod, THENCE South 10 58' 17" West with the east line of said McKinney Denton tract and generally with a fence a distance of 1,472 35 feet to a Corps of Engineers monument marked P-250-C-W for the southeast corner of the herein described tract, THENCE North 86055' 27" West with the south line of said McKinney Denton tract and generally with a fence a distance of 1,111 07 feet to the POINT OF BEGINNING, containing in all 47 300 acres of land, more or less (ETJ) EXHIBIT B age ft ."e 719t t1 owner Dieter Schwartz usA do NR & RJ Properties, P O Box 941 Greensburg, PA 15601 Developer Team Bata, Inc 700 Lakeview Blvd Denton, TX 76207 972410-5000 and Jack Laney a 80731 i. 1% 702M (ETA usx Existing Zone Typ. Land Use Summary pow mm T,mdUM 1 2@j. Its MhL fatncalh MIa.LMWfd0, Mh FmMYmd M&SW#Ymd W&RWYmd MmAtJSWes 8 47 sQUF=flyt dj) S,Msf 280 1W so, 2d SS 10, 23 88EF788 ® Lakeview Ranch Denton, Texas Traffic Impact Study - Addendum EXHBBIl—Ce. March 28, 2000 Lakeview Ranch —Denton. Texas Table 1 Traffic Design -Generated Roadway Improvements Alignment 1 Alignment 2 By End of Stage.. Trinity Road Interior Development Route o access to Mills Road o access to Mills and Trim Build 2 lanes of Lakeview from US 380 to Build 2 lanes of Lakeview from US 380 to 1 Cooper Creek Bride DONE Cooper Creek Bride DONE (3 or Cul de sac Trinity north of Cooper Bridge Cul de sac Trinity north of Cooper Bridge 50 platted lots) DONE DONE 2 Signalize US 380 at Lakeview Signalize US 380 at Lakeview (10% or (25% is developer's responsibility) (25% is developer's responsibility) 175 platted lots) Let construction contract for 2 lanes of Build 2 lanes of Lakeview to McKinney permanent Cooper Creek Brid e 3 Build Residential Road through Route trucks via US 380 for northern (25% or development (as development proceeds) development and McKinney for southern 437 platted lots) development Let construction contract for 2 lanes of permanent Coo er Creek Brid iItr Assume McKinney will be under Build 2 lanes of permanent Cooper Creek construction TxDOT i Bridge Rebuild Trinity from Cooper Creek Bridge Construct temporary connection between to McKinney rural standards Trinity and Mills 4 Widen SB approach to 2-lanes on Trinity Provide ROW for future connections from (44% or at McKinney Trinity and Mills to Lakeview 757 platted lots) Build 2 lanes of permanent Cooper Creek Provide left -turn lanes on McKinney at Bride Lakeview(TxDOT)l Complete Residential Road to McKinney, include a 2-lane approach at McKinne Provide Left -turn lanes on Trinity at 5 Residential Road (64% or 1,097 Provide Left -turn lanes on McKinney at platted lots) Trinity TxXXDOT ( 7 X N4 .e yygg��. *f M1t Yko 6 Provide Left -turn lanes on McKinney at %or Residential Road (TxDOT) i 1 445 d lots . ` ,Av >"*WMI' Provide escrow money for future All improvements completed connections from Trinity and Mills to (100% or Lakeview 1,717 platted lots) All improvements completed i If TxDOT does not complete the improvement by the time noted, the developer will be held responsible for his/her portion of the improvement cost or the rate of development will need to be adjusted until the road improvement is completed by others Innovative Transportation Solutions Inc -9-