1999-317FILE REFERENCE FORM I 99-317I
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
Amended by Ordinance No. 99-318 09/07/99
Amended by Ordinance No. 2002-147 05/14/02
Amended by Ordinance No. 2003-166 06/03/2003
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Note Amended by Ordinance No 99-318
Note Amended by 0rdlnance No.
NO q q-5/'f
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 91-
034 TO PROVIDE FOR THE APPROVAL OF AN AMENDED CONCEPT PLAN FOR
PLANNED DEVELOPMENT 139 (PD-139) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 401 23 ACRES OF LAND LOCATED BETWEEN BONNIE BRAE ROAD
AND INTERSTATE 35W AT FM 2449 (PONDER ROAD), PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING
FOR AN EFFECTIVE DATE (Z-99-010)
WHEREAS, on March 5, 1991, by Ordinance 91-034 the City Council approved a change
in zomng for 450 6 acres of landed to Planned Development 139 (PD-139) Zoning Dmtnct, as more
particularly described therein, and
WHEREAS, Denton/CJW Partners, LTD, has applied for an amendment to the concept plan
for Plan_nod Development 139 (PD-139) contmmng 401 23 acres of land, and
WHEREAS, on August 11, 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 m 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
/~_E._Q.T.[Q_h~ That Ordinance 91-034, providing approval for the rezomng of 450 6 acres to
Planned Development 139 (PD-139) zomng district and the original concept plan for smd district,
is amended by the approval of a new Concept plan 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
A Non-residential hghtmg on the property shall be designed and mmntalned 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
B Access to Bonme Brae lncluchng construction access will not be permitted until such
time that Bonnie Brae on either side of Ponder Road is either closed, or substantially
~mproved to include City of Denton standard pavement section and 100 year bridge
improvements
C No development other than the tangle family detached and one convenience store
may occur until the Interchange at 1-35 and Ponder Road is reconstructed as a standard
chamond configuratxon, or Ponder Road is extended to Hwy 377 and Ponder Road through
the development is constructed with 2 lanes in each direction
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D Access locations to Ponder Road will be determined at detml plan submittal
References to landscaped pomts of entry on the concept plan are merely to mdlcate that there
will be access points and that they will be landscaped
E The Concept Plan is subject to expiration per the table below
Concent Plan Expiration Reoulrements
Phases A/E, C, D, G, H, I & M shall be considered subJeCt to expiration
requirements Phases 13, F, J, K & L shall not be considered subject to
expiration reqmrements At least one phase (subJect to exp~ratmn), selected
by the developer, must have an approved Detmled Plan by the end of thc year
2000, with recorded final plat by the end of the year 2002 At least one
subsequent phase must have an approvext Detailed Plan by the end of the year
2004, with a recorded final plat by the end of the year 2006, etc Failure to
comply with m~mmum time limits set forth m this section shall result m the
expiration of the Concept Plan and the developer must obtmn new approval
of a Concept Plan that in the d~scretmn of the City Council may be changed
from the zomng uses provided in the original Concept Plan
2000 2002
2004 2006
2008 2010
2012 2014
2016 2018
2020 2022
2024 2026
~5_.~CZT. LQ.~ That the provisions of this ordinance, including Exhibit B shall govern and
control over any conthctmg provisions of Ordinance 91-034, but all provisions of Ordinance 91-034
as they apply to the remaining portion of the PD-139 zomng district land use regulations not herein
amended, shall continue in full force and effect
~ That a copy of this ordinance shall be attached to Ordinance 91-034 showing
the amendment hereto approved
T~TLO.]~ That any person violating any provision of th~s 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
Page 2
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~ That tills orchnance shall become effective fourteen (14) days from the date
of xts passage, and the C~ty Secretary ~s hereby darected to cause the caption of fins ordmance to be
pubhshed twace m the Denton Record-Chromcle, a dmly newspaper pubhshed xn the Cxty of Denton,
Texas, w~thm ten (10) days of the date of~ts passage
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
Page 3
EXHIBIT UA"
BEING a tract of land which is all ofthe Sames Edmonson Survey, Abstract No 401 and
the James L. Harris Survey, Abstract No. 555 and a part of the S A. Pntchett Survey,
Abstract No 1021 Denton County, Texas, and embracing Parcel No I described m deed
to Southwest Denton Joint Venture recorded m Clerks Document No. 094865 of the
Denton County, Deed Records and being more pamcularly descnhed as follows
BEGINNING at the Southeast comer of the said James Edmonson Survey m the middle
of a County Road for the Southeast corner, l~om which an 8" pipe post hears
N88°50'30"W 30 50 feet,
THENCE N88°50'30"W, to end along a fence for the South line of said tract, 2,658 80
feet to a 1" iron on the West side of a comer post of a fence, for the Southwest comer of
smd tMmonson Survey and the Southeast comer of sail S A Prltchett Survey and the
Southerly Southwest comer of said tract of land,
THENCE N00°33'E, along the common lille of said Edmonson and lh'ltchett Surveys for
the Southerly West hne of smd tract of land, 2,217 50 feet to a 1" iron on the East side of
an old 10" Oak comer post of a fence for a reentrant corner of smd tract of land,
THENCE N 89007' W, along a South line of sald tract of lund, 1,997 50 feet to a 5/8"
~ron for the Westerly Southwest corner of said tract oflund and the Southerly southeast
corner of the 42.526 acres tract described m the deed to the State of Texas for inghway
right-of-way recorded m Volume 529, Page 538 of the Deed Records of Denton County,
Texas,
THENCE Northerly along the Westerly hne of said tract ofhnd and the Easterly line of
the said State of Texas tract the following calls and &stances, N 27024, E, 67 40 feet,
N 30031' E, 599 90 feet to a damaged highway monument,
N 77038' E 312 50 fect to a inghway monument,
N 27043' E, 644 50 feetto a inghway monument,
N 17°37' W, 183 10 feet to a damaged highway monument,
N 62028, W, 139 20 feet to a highwau monument,
N 27028' E, 426 00 feet to a highway monument,
N 22°23' E, 99 70 feet to a damaged highway monument,
N 27°37' E, 1,270 50 feet to a 1" iron in the North line of the said Prltchett
Survey and for the Northwest comer of tins tract of land,
THENCE S 89002, E, along the said North line of the Pntchett Survey, to and along the
North llne of smd Harris Survey, For the North line of smd tract of land, 3,061 80 feet to
a 1" iron for the Northeast corner of smd Harris Survey and tins tract of land,
THENCE S 00008' W, to and along the said middle of County Road, hemg also along the
East line of smd Han~ Survey, to and along the East line of smd Edmonson Survey for
the East hne of this tract oflund a distance of 5,299 20 feet to the POINT OF
BEGINNING and contaunng 401.23 acres of land, more or less
EXHIBIT B
~IN~LE
~
'~"~" THE VINTAGE
~ A MASTER P~NNED COMMUNI~
~.--- , _
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCES 91-034
AND 99-317, TO CHANGE THE PERMITTED LAND USES FOR THE PLANNED
DEVELOPMENT 139 (PD-! 39) ZONING DISTRICT AND LAND USE CLASSIFICATION TO
ALLOW AMENITY CENTERS AND THE DRILLING, COMPLETING, OPERATING,
REWORKING, RECOMPLETING AND PRODUCING OF NATURAL GAS, SAID PD139
CONTAINS APPROXIMATELY 401 ACRES AND IS COMMONLY KNOWN AS THE
VINTAGE, 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 (Z01-0048)
WHEREAS, on March 5, 1991, by Ordinance 91-034 the Clty 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, 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 as more particularly described
in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"), and
WHEREAS, on March, 27, 2002, the Planning and Zoning Commission concluded a public
heanng as required by law, and recommended 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 ORDA1NS
SECTION 1 Ordinances No 91-034 and No 99-317, providing approval for the rezomng of
450 6 acres to Planned development 139 (PD-139) and the original concept plan, and the amended
concept plan for the Property, are amended to allow gas well development and amenity center has
permitted uses, subJeCt to the following conditions
1 Gas well development shall comply with Subchapter 35 22 of the Development Code
2 The location of any structure or apparatus related to gas well operations, within dedicated
parkland, shall be compatible with future plans for the parkland area
Page 1 of 2
3 Location of gas wells shall be disclosed to any prospective homebuyers
4 Amemty centers shall not be located ~n a floodplmn area
SECTION 2 The prowslons of this ordinance as they apply to the amendments herein
approved, shall govern and control over any conflmtlng prowslons of Ordinances No 91~034 and
No 99-317, but all the prows~ons of Ordinances No 91-034 and No 99-317 as they apply to the
regulations of the d~stnct not here~n amended, shall continue ~n force and effect and shall apply to
the remmnder of smd dlsmct
SECTION 3 A copy ofth~s ordinance shall be attached to Ordinances No 91-034 and No
99-317 showing the amendment here~n approved
SECTION 4 If any prows~on of this ordinance or the apphcat~on thereof to any person or
c~rcumstance ~s held ~nval~d by any court, such invalidity shall not affect the vahd~ty of other
prowslons or apphcat~ons, and to th~s end the prows~ons of this ordinance are severable
SECTION 5 Any person wolat~ng any prowslon ofth~s ordinance shall, upon conviction, be
fined a sum not exceeding $2,000 00 Each day that a prowsmn ofth~s ordinance ~s violated shall
constitute a separate and d~st~nct offense
SECTION 6 Th~s ordinance shall become effective fourteen (14) days from the date or,ts
passage, and the C~ty Secretary ~s hereby d~rected to cause the captmn of th~s ordinance to be
pubbshed twice ~n the Denton Record-Chronicle, a dmly newspaper pubhshed in the C~ty of Denton,
Texas, w~thm ten (10) days of the date or,ts passage
PASSED AND APPROVED th~s the /4~--~day of ~Q/~ ,2002
EULINE BROCK, MAYOR
ATTEST
JENIXJ~ER WALTERS, CIq~Y SECRETARY
BY -~ -~'~ ~~ Page2of2
Exhibit "A"
All of the James Edmonson Survey, Abstract No 401 and the James L Hams Survey, Abstract
No 555 and a part of the S A Prltchett Survey, Abstract No 1021, s~tuated about 4 miles south
35 degrees west from the courthouse m Denton County, Texas, and embracing all of Parcel No 1
described m the deed to Denton CJW Partners, LTD, recorded ~n Clerks Document No 98-
R0036601 of the Denton County, Deed Records
Beg~nmng at the southeast comer of smd James Edmonson Survey in the m~ddle of a County
Road for the southeast comer of smd Parcel No 1, from which an 8" pipe post bears north 88
degrees-50 m~nutes 30-seconds west 30-5/10 feet
Thence north 88 degrees-50 m~nutes-30 seconds west, to and along a fence for the south hne of
smd Parcel No 1, a d~stance of 2658-69/100 feet to a 1" ~ron on the west s~de of a comer post of
a fence, for the southwest comer of smd Edmonson Survey and the southeast comer of stud S A
Pntchett Survey and southerly southwest comer of said Parcel No 1
Thence north no degrees-33 m~nutes-20 seconds east, along the common hne of smd Edmonson
and Pntchett Surveys for the southerly west hne of stud Parcel No 1, a distance of 2217-66/100
feet to a 1" ~ron on the east side of an old 10" Oak comer post of a fence for a reentrant comer of
stud Parcel No 1
Thence north 89 degrees-06 minutes-19 seconds west, along a south hne of said Parcel No 1, a
distance of 1997-71/100 feet to a 1" ~ron for the westerly southwest comer of said Parcel No 1
and the southerly southeast comer of the 42-526/1000 acres tract described in the deed to the
State of Texas for highway right of way recorded ~n volume 529, page 538 of the said Deed
Records
Thence northerly along the westerly hne of stud Parcel No 1 and easterly hne of stud 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 h~ghway
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 h~ghway monument,
north 17 degrees-40 m~nutes-05 seconds west, 183-48/100 feet to a damaged highway
monument,
north 62 degrees-19 m~nutes-40 seconds west, 138-75/100 feet to a h~ghway monument,
north 27 degrees-26 m~nutes-28 seconds east, 425~07/100 feet to a highway monument,
north 22 degrees-24 m~nutes-56 seconds east, 100-27/100 feet to a damaged h~ghway
monument,
north 27 degrees-39 minutes-15 seconds east, 1271-27/100 feet to a 1" ~ron in the north
hne of stud Pntchett Survey and for the northwest corner of the said Parcel No 1
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Thence south 89 degrees-01 minutes-54 seconds east, along the smd north hne of Pntchett
Survey, to and along the north line of smd Hams Survey, for the north hne of said Parcel No I, a
distance of 3059-35/100 feet to a 1" ~ron for the northeast comer of smd Hams Survey and smd
Parcel No 1
Thence south no degrees-07 m~nutes-20 seconds west, to and along the said middle of County
Road, being along the east line of said Hams Survey, to along the east line of smd Edmonson
Survey for the east line of smd Parcel No 1, a distance of 5300-12/100 feet to the place of
beg~nmng and contmmng 401-203/100 acres of which 3-96/100 acres lie w~th~n smd County
Road, leawng 397-243/1000 acres exclusive of said Road
Basis for beanngs ~s deed call along the east hne of Parcel No 1
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