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HomeMy WebLinkAbout2000-132ORDINANCE NO 0?6M 13 02 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 408 36 ACRES OF LAND TO SINGLE-FAMILY 7 CONDITIONED (SF-7[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 132 55 ACRES, SINGLE- FAMILY 10 CONDITIONED (SF-10[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 8409 ACRES, AND SINGLE-FAMILY 13 CONDITIONED (SF-13[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 19172 ACRES LOCATED BETWEEN UNIVERSITY DRIVE (HWY 380) AND MCKINNEY STREET (F M 426) IN THE PROXIMITY OF TRINITY ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-072) WHEREAS, Paul Spam, on behalf of Dieter Schwartz, has applied for a change in zoning for 408 36 acres of land from an Agricultural (A) zoning district classification and use designation to a Single-family 7 (SF-7) zoning district classification and use designation on 132 55 acres, Single- family 10 (SF-10) zoning district classification and use designation on 84 09 acres, and Single- family 13 (SF-13) zoning district classification and use designation on 19172 acres, 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 8171 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 a Single- family 7 conditioned (SF-7[c]) zoning district classification and use designation, that the zoning district classification and use designation of the 6129 acre property described in the legal description attached hereto and incorporated herein as Exhibit B is changed from an Agricultural (A) zoning district classification and use designation to a Single-family 10 conditioned (SF-10[c]) zoning district classification and use designation, that the zoning district classification and use designation of the 22 80 acre property described in the legal description attached hereto and incorporated herein as Exhibit C is changed from an Agricultural (A) zoning district classification and use designation to a Single-family 10 conditioned (SF-10[c]) zoning district classification and use designation, that the zoning district classification and use designation of the 19172 acre property described in the legal description attached hereto and incorporated herein as Exhibit D is changed from an Agricultural (A) zoning district classification and use designation to a Single-family 13 conditioned (SF-13[c]) zoning district classification and use designation, and that the zoning district \\CH LOLWOLIWve Vtl LW DotummY\ANioviaee\W399A2dw classification and use designation of the 50 84 acre property described in the legal description attached hereto and incorporated herein as Exhibit E is changed from an Agricultural (A) zoning district classification and use designation to a Single-family 7 conditioned (SF-7[c]) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions 1 Street and transportation improvements shall be constructed in accordance with the phasing plan attached hereto and incorporated herein by reference as Exhibit F 2 75% per cent of the exterior of all buildings shall consists of qualified masonry products 3 No more than 50% of all homes shall have front entry garages 4 A school site shall be finalized with the Denton Independent School District prior to preliminary plat approval SECTION 2 That the City's official zoning map is amended to show the change in zoning district classification 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 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 tlus 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 passe /1 PASSED AND APPROVED this the � day of U�� (� 12000 LM a F.Vap� Page 2 ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By Page 3 EXHIBIT A Z-99-072 Single Family (SF-7) POINT OF BEGINNING being a Y2" Iron Rod South 8M 39' 53" East a distance of 1,762 98 feet to a '/2" Iron Rod for corner, THENCE South 021129' 20" West along Trinity Road a distance of 2,306 03 feet to a %2" Iron Rod for corner, THENCE North 87A 07' 53" West along Blagg Road a distance of 1,403 40 feet to a'/2" Iron Rod for corner, THENCE North 55A 48' 41" West a distance of 131 63 feet to a point for corner, THENCE North 40A 29' 30" East a distance of 222 22 feet to a point for corner, THENCE North 25A 51' 36" West a distance of 164 43 feet to a point for corner, THENCE North 59A 01' 32" West a distance of 40 87 feet to a point for corner, THENCE North 11 A 41' 25" East a distance of 13 74 feet to a point for corner, THENCE North 70A 06' 21" East a distance of 54 81 feet to a point for corner, THENCE North 57A 31' 14" East a distance of 88 39 feet to a point for corner, THENCE North 02A 08' 18" West a distance of 88 68 feet to a point for corner, THENCE North 34A 46' 24" West a distance of 133 12 feet to a point for corner, THENCE North 09A 48' 53" East a distance of 213 32 feet to a point for corner, THENCE North 03A 07' 11" East a distance of 349 74 feet to a point for corner, THENCE North 20A 19' 10" East a distance of 116 20 feet to a point for corner, THENCE North 89A 34' 54" West a distance of 280 71 feet to a point for corner, THENCE North OOA 25' 08" East a distance of 304 49 feet to a point for corner, said point being on the south right-of-way line of Appaloosa Drive (a 60' right-of-way), THENCE North 05A 05' 40" West departing said south right-of-way line a distance of 60 00 feet to a point on the north right-of-way line of said Appaloosa Drive, a circular curve concave to the Southeast and having a radius of 630 00 feet and a tangent bearing of South 84A 54' 20" West, THENCE run along the arc of said right-of-way line through a central angle of 04A 58' 57" for a distance of 54 79 feet to a point for corner, THENCE North OOA 25' 08" East departing said north right-of-way line a distance of 588 52 feet to the POINT OF BEGINNING Containing 81 71 acres, more or less EXHIBIT B Z-99-072 Single Family (SF-10) POINT OF BEGINNING being in the south right-of-way line of Blagg Road (a 60' right-of-way) South 87A 13''i23" East along said right-of-way line a distance of 166 80 feet to a''/:" Iron Rod for comer, THENCE South 02^ 15' 04" West departing said right-of-way line a distance of 880 43 feet to a point for comer, THENCE South 87A 44' 57" East a distance of 40 00 feet to a point for corner, THENCE South 02A 15' 04" West a distance of 1,912 92 feet to a point for corner, said point being in the south right-of-way line of Draught Horse Drive (a 60' right-of-way), THENCE South 87^ 44' 57" East along said right-of-way line a distance of 40 00 feet to a point for corner, THENCE South 02A 15' 04" West departing said right-of-way line a distance of 84169 feet to a point for corner, THENCE North 87A 02' 12" West a distance of 102 72 feet to a %' Iron Rod for corner, THENCE North 87A 28' 16" West a distance of 683 76 feet to a point for corner, THENCE North 021137' 02" East a distance of 3,636 80 feet to a''/a" Iron Rod at a fence corner post for corner, said point being in the south right-of-way line of the aforementioned Blagg Road, THENCE South 87^ 13' 23" East along said right-of-way line a distance of 516 45 feet to the POINT OF BEGINNING Containing 6129 acres, more or less EXHIBIT C Z-99-072 Single Family (SF-10) POINT OF BEGINNING being a %a" Iron Rod South 87^ 02' 12" East a distance of 102 72 feet to a point for comer, THENCE South' 87^ 02' 11" East a distance of 287 03 feet to a point for corner, THENCE South 20A 21' 07" West a distance of 52 88 feet to a point for corner, THENCE South 12^ 44' 38" East a distance of 194 93 feet to a point for corner, THENCE South 15^ 05' 28" West a distance of 82 58 feet to a point for corner, THENCE South 32^ 19' 01" East a distance of 68 94 feet to a point for corner, THENCE South 77^ 34' 46" East a distance of 191 50 feet to a point for corner, THENCE North 54^ 39' 49" East a distance of 497 70 feet to a point for corner, said point being on the west right-of-way line of Lakeview Boulevard (a 60' right-of-way), THENCE North i82^ 35' 47" East departing said west right-of-way line a distance of 93 74 feet to a point for corner, THENCE South 02A 32' 12" West a distance of 583 61 feet to a point for corner, THENCE North 87A 09' 07" West a distance of 76 28 feet to a point for corner, said point being on the east right-of-way line of the aforementioned Lakeview Boulevard, THENCE South 29^ 57' 13" West along said right-of-way line a distance of 333 44 feet to a point of curvature on a circular curve concave to the Southeast and having a radius of 480 00 feet and a tangent bearing of South 29A 57' 13" West, THENCE run along the are of said right-of-way line through a central angle of 24A 48' 06" for a distance of 207 78 feet to a point for corner, THENCE North 86^ 44' 34" West along Mills Road departing said right-of-way line a distance of 85 76 feet to a %:" Iron Rod for comer, THENCE North,86^ 44' 32" West continuing along Mills Road a distance of 731 55 feet to a %" Iron Rod for corner, THENCE Northi0l° 33' 30" East a distance of 1,157 79 feet to the POINT OF BEGINNING Containing 22 80 acres, more or less EXHIBIT D Z-99-072 Single Family (SF-13) POINT OF BEGINNING being a'/a" Iron Rod South 86A 44' 34" East along Mills Road a distance of 85 76 feet to a point for corner, said point being In the east right-of-way of Lakeview Boulevard (a 60' right-of-way), THENCE South 86A 44' 32" East continuing along Mills Road a distance of 124 50 feet to a point for corner, THENCE North 43A 16' 17" East along Trinity Road a distance of 97 99 feet to a point for corner, THENCE South 46A 43' 40" East a distance of 62 76 feet to a point for corner, THENCE South 61 ^ 26' 46" East a distance of 184 15 feet to a point for corner, THENCE South 46^ 08' 37" East a distance of 116 88 feet to a point for corner, THENCE South 78^ 31' 18" East a distance of 205 51 feet to a point for corner, THENCE South 34^ 26' 15" East a distance of 113 77 feet to a point for corner, THENCE South 57^ 53' 03" East a distance of 124 36 feet to a point for comer, THENCE South 86^ 43'51" East a distance of 103 64 feet to a point for corner, THENCE South 32^ 05' 28" East a distance of 15109 feet to a point for corner, THENCE South 85^ 46' 40" East a distance of 51 22 feet to a point for corner, THENCE North 45A 18' 48" East a distance of 133 07 feet to a point for corner, THENCE due East a distance of 60 95 feet to a point for corner, THENCE South 53^ 41' 10" East a distance of 81 26 feet to a'/a" Iron Rod for corner, THENCE South 03A 13' 45" West a distance of 832 91 feet to a %a" Iron Rod for comer, THENCE South 60A 26' 45" East a distance of 546 69 feet to a Corps of Engineers Concrete Monument marked Q-300-W for corner, THENCE South 37^ 06' 22" East a distance of 406 29 feet to a Corps of Engineers Concrete Monument marked Q-299-W for corner, THENCE South 40A 44' 09" East a distance of 55129 feet to a Corps of Engineers Concrete Monument marked Q-298-W for corner, THENCE South 33^ 41' 46" East a distance of 277 90 feet to a Corps of Engineers Concrete Monument marked 0-297-W for corner, THENCE South 26A 05' 59" West a distance of 152 09 feet to a Corps of Engineers Concrete Monument marked 0-296-W for corner, THENCE South 08^ 56' 29" West a distance of 296 82 feet to a Corps of Engineers Concrete Monument marked Q-295-W for corner, EXHIBIT D Z-99-072 (Cont THENCE North 48A 20' 23" East a distance of 258 99 feet to a Corps of Engineers Concrete Monument marked Q-294-W for corner, THENCE South 02A 27' 35" West a distance of 443 88 feet to a Corps of Engineers Concrete Monument marked Q-293-BW for corner, THENCE South 02A 28' 16" West a distance of 949 52 feet to a Corps of Engineers Concrete Monument marked Q-293-W for corner, THENCE South 02A 30' 01" West a distance of 1,339 23 feet to a''/z" Iron Rod for corner, THENCE South 83A 27' 47" East a distance of 352 07 feet to a Yz" Iron Rod for corner, THENCE South 02A 27' 47" West a distance of 130 26 feet to a Yz" Iron Rod for corner, THENCE South 81A 13' 33" West a distance of 86 24 feet to a point for corner, THENCE South 68A 27' 45" West a distance of 111 15 feet to a point for corner, THENCE South 55A 08' 07" West a distance of 134 14 feet to a point for corner, THENCE North 83A 40' 48" West a distance of 78 18 feet to a point for corner, THENCE North 63A 27' 22" West a distance of 149 69 feet to a point for corner, THENCE South 25A 57' 55" West a distance of 232 50 feet to a Yz' Iron Rod for corner, THENCE due West a distance of 767 70 feet to a point for corner, THENCE North 03A 12' 57" East a distance of 550 34 feet to a fence corner post for corner, THENCE North 64A 35' 24" West a distance of 41313 feet to a Yz' Iron Rod for corner, THENCE North 01 ^ 59' 31" East a distance of 706 01 feet to a''/2" Iron Rod for corner, THENCE North 02A 40' 18" East a distance of 2,126 97 feet to a fence corner post for corner, THENCE North 84A 51' 02" West a distance of 554 33 feet to a fence corner post for corner, THENCE North 05A 48' 02" West a distance of 10 33 feet to a fence corner post for corner, THENCE North 88A 39' 36" West a distance of 856 14 feet to a Yi' Iron Rod for corner, THENCE North 02A 51' 64" East along Trinity Road a distance of 527 49 feet to a Yin Iron Rod for corner, THENCE South 86A 16' 15" East a distance of 669 42 feet to a Y:" Iron Rod for corner, THENCE North 16A 57' 38" East a distance of 146 41 feet to a Yz" Iron Rod for corner, THENCE North 82A 26' 52" West a distance of 707 37 feet to a Yz" Iron Rod for corner, THENCE North 02A 51' 54" East along Trinity Road a distance of 560 38 feet to a Yi' Iron Rod for corner, EXHIBIT D (Cont ) Z-99-072 THENCE North 02A 51' 51" East continuing along Trinity Road a distance of 179 93 feet to a W Iron Rod for corner, THENCE North 02A 51' 54" East continuing along and departing from Trinity Road a distance of 851 47 feet tolhe POINT OF BEGINNING Containing 19172 acres, more or less EXHIBIT E Z-99-072 Field Notes for Parcel D — Single Family (SF-7) (Including School and Park sites) POINT OF BEGINNING due East a distance of 767 70 feet to a %_" Iron Rod for corner, THENCE South 63A 27' 22" East a distance of 149 37 feet to a point for corner, THENCE North 26A 02' 37" East a distance of 168 76 feet to a point for comer, THENCE South 83A 40' 47" East a distance of 122 65 feet to a point for corner, THENCE North 55A 08' 07" East a distance of 150 52 feet to a point for corner, THENCE North 68A 27' 44" East a distance of 10142 feet to a point for corner, THENCE North 81 ^ 13' 33" East a distance of 62 77 feet to a point for corner, THENCE South 87A 32' 22" East a distance of 15 00 feet to a %_" Iron Rod for corner, THENCE South 02A 27' 48" West a distance of 1,800 00 feet to aY2" Iron Rod for corner, THENCE South 26A 28' 54" West a distance of 274 05 feet to a %d' Iron Rod fcr corner, THENCE South 42A 52' 48" West a distance of 22014 feet to a''/a" Iron Rod for corner, said point being on the north right-of-way line of McKinney Street IF M 426), THENCE North 47A 27' 12" West along said right-of-way line a distance of 319 59 feet tc, a''/2" Iron Rod for corner, THENCE North 46^ 46' 12" West along said right-of-way line a distance of 956 20 feet to a %" Iron Rod for a point of curvature on a circular curve concave to the Southwest and having a radius of 710 61 feet to a point for corner and a tangent bearing of North 47^ 07' 12" West, THENCE run along the arc of said right-of-way line through a central angle of 16^ 29' 19" for a distance of 204 50 feet to a''/2" Iron Rod for corner, THENCE North 03^ 12' 57" East departing said right-of-way line a distance of 1,016 11 feet to the POINT OF BEGINNING Containing 50 84 acres, more or less Trafflc Impact Study - Addendum EMIBr 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 Trinity) 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 US 380 at Lakeview 54 Signalize US 380 at Lakeview oSignalize (10 /° or (25% is developer's responsibility) (25% is developer's responsibility) 175 platted lot R A Let construction contract for 2 lanes of Build 2 lanes of Lakeview to McKinney permanent Cooper Creek Bridge oBuild 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 Cooper Creek Brid e 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 oWiden 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 i Complete Residential Road to McKinney, include a 2-lane a roach 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) TrinityTxDOT "'Y =..GLiti'', i"k:i¢ ��� om'4 i =3'1�4iiiG� Y"iiEY�'mJA"'Sf�y 'CCRuat = rkyi 6a'=n& .F-.fal+. d. fr Y.FiAxTX i 6 Provide Left -turn lanes on McKinney at ° or Road (TxDOT) i 1 445 1 tied lots)Residential 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-