1999-405
%(+$1$%$1$-"$%.1,
99405
7
AdditionalFileExists
AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecords
Act
Other
%(+$2#§º«(´¯º¯§²¹
AmendedbyOrdinanceNo.200021606/20/00JR
AmendedbyOrdinanceNo.200930212/01/09JR
AmendedbyOrdinanceNo.200306202/18/03JR
AmendedbyOrdinanceNo.201025410/05/10JR
AmendedbyOrdinanceNo.201307603/19/13JR
AmendedbyOrdinanceNo.201318207/16/13JR
NOTE Amended by Ordinance No. 2000-216.
0RDINANCE NO ~q ' f/~ ~"'--
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A PLANNED
DEVELOPMENT NO 170 (PD-170) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 38 6 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF NOWLIN ROAD AND ROBINSON ROAD, PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING
FOR AN EFFECTIVE DATE (Z-99-065)
WHEREAS, Dowdy Anderson and Assocmtes, Inc, on behalf of Wheeler Ranch, LTD, has
applied for a change m zomng for 38 6 acres of land to a Planned Development (PD-170) zoning
district classlficataon and use demgnataon, and
WHEREAS, on October 13, 1999, the Planning and Zoning Cormmsmon recommended
approval of the requested change m zomng, and
WHEREAS, the Caty Council finds that the zonmg will be in comphance 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 zomng chstnct classification and use designation of the 38 6 acre
property dascnbed In the legal descnptaon attached hereto and incorporated herein as Exhibit A is
designated to Planned Development (PD) zomng dmtnct clasmficataon and use demgnataon under
the comprehenmve zomng ordinance of the City of Denton, Texas, subject to the following
condltaons
1 That permitted land uses and development standards be restricted to those described ~n
the Planned Development District Development Standards attached hereto and
incorporated herean by reference as ExMblt B, and allow land uses permitted wath a
Specific Use Permit in an Commercml (C) zoning district if such use as approved by City
Council
2 That 75 % of all exterior walls of all residential bmldlngs be constructed of masonry
3 Cementlclous products wall only be used to replicate the material they are designed to
replace
4 Development hmated to no more than 143 units
SECTION 2 That the Clty~S official zoning map is amended to show the change ~n zoning
district clasmficataon
SECTION 3 That any person vaolatlng any provision of this ordinance shall, upon
conviction, be fined a stun not exceeding $2,000 00 Each day that a provmlon of this ordinance is
violated shall constitute a separate and distinct offense
P~el
SECTION t~ That th~s ordinance shall become effective fourteen (14) days from the date
of~ts passage, and the C~ty Secretary xs hereby chrected to cause the caption of tl~s ordinance to be
pubhshed twine tn the Denton Record-Chromcle, a dmly newspaper pubhshed m the C~ty of Denton,
Texas, w~thm ten (10) days of the date of~ts passage
JAC~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
EXHIBIT A
38 6 ACRES
FIELD NOTES to all that certain tract of land sltuated m the Berry Merchant Survey, Abstract
#800, Denton County, Texas and being part of a called 80-V2 acre tract desc~bed in the deed
from L H, Head et al to Thomas T Kirby et ux recorded m Volume 382, Page 539, Deed
Records, Denton County, Texas and all of a called 1 973 acre tract described m thc deed from
Ava Joyce Ydrby to Jerry Kctth Kdrby ct ux recorded m Volume 1615, Page 51, Real Property
Records, Denton County, Texas, the subject lract being more partmularly described as follows
BEGINNING for the Northwest comer of the hereto described tract at a P K mul found m the
intersection of Robinson Road and Nowlm Road for the Northwest comer of smd 80-V2 acre tract
and thc Northeast corner of a called 84 786 acre tract described in thc deed fi-om Joe M Brooks
and MarJon¢ Lynn Brooks to Mel Wheeler et ux recorded m Volume 1054, Page 17, Deed
Records, Denton County, Texas,
THENCE S 89015'47'' E, w~th Robinson Road and the North line of smd 80-V2 acre tract a
chstance of 951 51 feet to a point for the Northeast comer of the hereto described tract,
THENCE S 00°42'01'' W passing at 26 83 feet a W' ~ron md found m the occupied South line
of Robinson Road and continuing along sa~d course along and near a fence, m all, a total chstance
of 1442 79 feet for the Southeast comer of the hereto descn'bed tract,
THENCEIS 48°32'51'' W, a dmtanco of 1158 41 feet for a point,
THENCE S 89031'20'' W, a chstance of 4 06 feet, to a ~" mm rod found in Nowhn Road for
the Southwest comer of the hereto desmabod tract,
THENCE N 01035'08'' W, voth smd road a dtstance of 2222 61 feet to the PLACE OF
BEGINNINO and anclOslng 38 6 acxes of land more or less
ZO0~ OOSSV N0S}I~t01qV ?,~IIM0(I Rgfl6Ig6Z/,6 X'V~I Si] gI NOI~ 66/!~7/0I
EXHIBIT B
KIRBY TRACT
PLANNED DEVELOPMENT DISTRICT STANDARDS
1 0 Planned Development District - S~ngle Family Residential - 6 0 (SF-6 0)
I 01
1 02
.~lY~r. gl~[~[~l: The Res~denUal Tract ~s ~ntended to accommodate s~ngle
family res~dentml uses The resxdentml umts will be comprised of Smgle Family-
6 0 (SF-6 0) products Development standards for the aforementioned housing
type are outlined wtthm tlus text
permitted Uses: Land uses permitted within the Planned Development D~stnct
(PD) are as follows
a
f
g
h
Resldentml umts as descnbed here~n
Private or pubhc reereaUon facflmes
Churches/rectories
Schools- pubhc, private, or state accre&ted
Parks, playgrounds and neaghborhood recreatmn facflmes ancludmg, but
not hm~ted to, swimming pools, clubhouse facflmes and tenms courts
F~re stations and pubhe safety facflmes
Real estate sales offices dunng the development and marketing of the
Planned Development
Pubhc streets and private streets
Electrome security facfl~Ues ~ncludmng gatehouse and control counter
Accessory buildings and uses customarily incidental to the permitted uses
Temporary buildings and uses mc~dental to construcuon work on the
premises, whmh shall be removed upon compleUon
1 03 ~ The overall allowed densxty for Tract 2 of the Planned Development
District shall be 4 0 units per gross acre or a total of(154) umts, as calculated on a
gross land area basis (approximately 38 6 acres)
1 04 ~ Parktng shall be provided m accordance wtth Article VI,
SeeUon 35-301, Vehicle Parking Regulations of the City of Denton Zomng
Ordinance
%NT SERVER-0XPLANNING~-Eword\99045pd hll doc
10/1 ~/99
1 05
~: Single-Family-6 0 units are a form of s,ngle family, detached
housing This residential type will have access and frontage on a public or private
street Building and area requirements are as follows
a
c
f
g
h
Lot Area: The mlmmum area of any lot shall be SlX thousand (6,000)
square feet
Lot Covernge: In no case shall more than forty-five (45) percent of the
total lot area be covered by the combined area of the main bmldlngs and
accessory buildings Swimming pools, spas, deck, patios, dnveways,
walks, and other paved areas shall not be included in determining
maximum lot coverage
Lot Width: The minimum width of any lot shall not be less than forty-
five (45) feet at the front building line, except that lots at the terminus ora
cul-de-sac or along street elbows/eyebrows may have a rmmmum width of
forty-five (40) feet at the front building line, provided all other
requirements of this section are fulfilled
Lot Depth: The minimum dept of any lot shall be one hundred (100) feet,
except that a lot at the terminus of a cul-de-sac or along street
elbows/eyebrows may have a mlmmum lot depth, measured at mid-point
on front and rear lot lines, of mnety (90) feet, provided all other
requirements of flus section are fulfilled
Front Yard' The minimum depth of the front yard shall be twenty (20)
feet Front pomhes, mol eaves, cbamneys and other similar architectural
elements may extend into the front yard
Side Yard The minimum side yard on each side of a lot shall be five (5)
feet A side yard adjacent to a side street shall not be less than fifteen (15)
feet In no case shall a garage door opemng be any closer than twenty (20)
feet to the right-of-way
Rear Yard: The mlmmum depth of the rear yard shall be ten (10) feet
Building Height: Braidings shall be a maximum of two and one-half (2
½) stones
2 0 Planned Development D~stnct- General Con&tlons
2 01
Conformance to All Annhcable Articles of the Denton Zomnn Ordinance.
Except as amended her~i~, this Planned Development District shall conform to
any and all applicable articles and secttons of the Denton Zoning Or&nance, as it
presently exists
2.02
Screenin~/Landscaning alon~ Robinson Road. Landscaping and screening
shall be provided along Robinson Road where lots back to said thoroughfare and
may consist of decorative metal fencing, stained wood fence with metal posts,
landscape planting, cementitlous fencing, masonry walls, living screens or a
combination thereof
\\NT SERVER-0~PLANNING~'l-Eword\99045pd hll doc
10/1~'/99
2
2 03
2.04
2 05
2.06
~: A General Concept Plan is hereby attached and made a
part of the ordmance It establishes the most general gmdehnes for the d~stnct by
Identifying the land use, approximate thoroughfare locations and project
boundaries and illustrates the integration of these elements into a master plan for
the whole d~stnct
~: A minmaum of one (1) street tree shall be reqmred on all residential
lots w~tlun the street parkway
Open Space: The Planned Development d~stnct shall conform to the Clty of
Denton Park Land Deehcatlon Ordinance No 98-039 as ~t presently exists at the
time the Planned Development District ~s approved Open space shall be
approximately s~x (6) acres and shall consist of tree preserve areas, common
areas, amemty center site, greenbelt parks, pocket parks, pedestrian/park
eonnectxons, landscape buffers, floodplain, electrical/power/utility easements
Maintenance of Facilities: The Owner(s) shall estabhsh, with each prehmmary
plat submittal, a property owner's association, membership association or other
designation that will be responsible for the maprovement and maintenance of all
common areas and/or common faeflmes contained w~th~n the area of the
development plan
\~NT_SERVER-0kPLANNING~H-Eword\99045pd hll doc
10/13/99
ORDINANCE NO ~00~/~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 99-
257, ORDINANCE NO 99-367, AND ORDINANCE NO 99-405 TO PROVIDE FOR A
DETAILED PLAN FOR APPROXIMATELY 253 ACRES LOCATED WITHIN PLANNED
DEVELOPMENT 170 (PD-170), PLANNED DEVELOPMENT 172 (PD-172), AND
PLANNED DEVELOPMENT 176 (PD-176) ZONING DISTRICTS AND LAND USE
CLASSIFICATIONS, THE SUBJECT PROPERTY BEING GENERALLY LOCATED EAST
OF TEASLEY BETWEEN ROBINSON AND HICKORY CREEK IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS, PROVIDING A SAVINGS CLAUSE, PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS
THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-104)
WHEREAS, on August 3, 1999, by Ordinance No 99-257, the City Council approved a
change in zonmg for 65 17 acres of land in Planned Development 172 (PD-172) Zomng District,
and
WHEREAS, on October 5, 1999, by Ordinance No 99-367, the City Council approved a
change in zomng for 167 477 acres of land an Planned Development 176 (PD-176) Zoning
District, and
WHEREAS, on November 2, 1999, by Ordinance No 99-405, the City Council approved
a change in zomng for 38 6 acres of land in Planned Development 170 (PD-170) Zoning Dlstnct,
and
WHEREAS, on December 7, 1999, Wheeler Pddge L P submitted a Detmled Plan for
253 36 acres located in the PD-170, PD-172 and PD-176 zoning districts with the intent to
develop a smgle-famfly residential sub&vision, and
WHEREAS, on May 24, 2000, the Planning and Zomng Commission recommended
approval ora Detailed Plan for such 253 36 acres, and
WHEREAS, the City Council finds that the Detmled Plan is consistent with the approved
Concept Plans for PD-170, PD-172 and PD-176 and is consistent with the 1999-2020 Denton
Comprebenmve Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ Ordinances No 99-257, 99-367 and 99-405, providing for the approval of
Planned Development Zoning District Classifications and Use Designations for the pmperhes
described as PD-170, PD-172 and PD-176 are hereby amended by approving the Detailed Plan
attached hereto and incorporated herein by reference as Exhibit B for 253 36 acres located within
PD-170, PD-172 and PD-176, more particularly described by the legal description attached
hereto and ~ncorporated herein by reference as Exhibit A, subject to the following condltlons
1 Traffic improvements, as outlined in the letter from the developer to City of Denton
staff dated May 2, 2000 and attached hereto as Extublt C, shall be required
2
If Denton County fails to purchase the right of way de&cataon reserve at the
northwest comer of the adjacent Wynstone at Oakmont development, the applicant
shall pay for the purchase of the property, as outlined in the letter from the developer
to City of D~nton staff dated May 2, 2000 and attached hereto as Exhibit D
3 A 40 to 50 foot ,ande pedestrian access easement shall be provided between the
commercial area and resldentml area at the northwest comer of the detailed plan
SECTION 2 The provisions of this ordinance as they apply to the 253 36 acres shown in
the detailed plan herein approved, shall govern and control over any conflicting provisions of
Ordinance No 99-257, Ordinance No 99-367, and Ordinance No 99-405, but all the provisions
of Ordinance No 99-257, Ordinance No 99-367, and Ordinance No 99-405, as they apply to
that remaining portion of the district not herein amended, shall continue in force and effect and
shall apply to the remmnder of smd district
SECTION 3 A copy of this ordinance shall be attached to Ordinance No 99-257,
Ordinance No 99-367, and Ordinance N~,99~405 showing the amendment herein approved
SECTION 4 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 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, official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage
PASSED AND APPROVED thls the ~'~0~b~ dayof ~ ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
PAGE 2
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 3
LEGAL DESCRIPTION
EXHIBIT A
BEING a tract of land sttuoted in the B Merchant Survey. Abstract No 800 an the C,ty of Denton. Denton
County. Texas and being more parbculorly described os follows
COMMENCING at o point of mtersecbon of the approximate centerhne of Robinson Rood (o vormble w,dth
r~ght-of-way) w~th the east hne of Teasley Lone (F M Road No 218t)(o vormble w~dth r~ght-of-way),
Thence S 89'08'17" E, 64087 feet along the so~d approximate centerhne of Robinson Rood [o the POINT
OF BEGINNING,
THENCE conbnumg along the sa~d approximate centerhne of Robinson Road the follow~ng courses end
d~stances
S 8908'17" E. 57599 feet to o point for corner.
S 8919'53" E. 127870 feet to o point for corner.
S 89 10'14" E. 951 33 feet to a point for corner,
THENCE S 00'41 57" W. 1307 60 feet leawng the so~d approximate centerhne of Robinson Rood to a po~nt
for corner.
THENCE S 28'05'45" W, 282 97 feet to o po~nt for corner, sotd point being on the southerly hne of o 10C
foot w~de easement to the Texas Mumc,pol Power Agency os recorded ~n Volume 374, Page 155 and Volume
517, Page 518 of the Deed Records of Denton County. Texas,
THENCE S 48'31'20" W, 982 03 feet dong the southerly easement hne of the so~d Texas Mumc~pat Power
Agency to a po~nt for corner,
THENCE N 89'51'08" W. 4 77 feet leowng the southerly hne of so~d easement to o po~nt for ~:orner
THENCE S 01'52'13" E, 4 14 feet to o po~nt for corner being on the so~d southerly easement hne to the
Texas Mumc~pol Power Agency;,
THENCE S 48'31 20" W, 1056 94 feet dong the southerly hne of so~d easement to o po~nt for corner,
THENCE N 89 44 42" E, 814 62 feet leowng the sa~d southerly easement hne to the Texas Mumc~pol Power
Agency to a point for corner,
THENCE S 01'50't8" E, 1853 feet to a po~nt for corner,
THENCE N 89'4050" W, 60 04 feet to o po~nt for corner,
THENCE S 0t 50'18" E, 6004 feet to o po~nt for corner,
THENCE S 89'40'50" E, 6004 feet to o point for corner.
THENCE S 01'50'18" E, 1230 22 feet to o po~nt for corner
THENCE S 89 42'48" W, 2076 09 feet to o point for corner, sa~d po~nt being ~n a non-tangent curve to
the left runmng ~n a westerly d~recbon and hawng o central angle of 02 32'43" o radius of 800 O0 feet and
~ chord bearing of N 6839'00" W.
THENCE along sod curve 35 54 feet to the end of so~d curve, o point for corner, so~d po~nt being the
)eg~nmng of another curve to the left howng o central angle of 22'54'55" o radius of 700 O0 feet and a
:hard bearing of N 78'49'55" W,
THENCE along so~d curve 279 89 feet to the end of sa~d curve, o po~nt for corner.
THENCE S 89'42'48"
THENCE N 01'13'50"
THENCE S 8505'31"
THENCE N 03'56'18"
THENCE S 89'44 42"
THENCE N 02'0700'
THENCE N 87'5300"
THENCE N 02'07'00"
W, 10000 feet to a po~nt for corner being on the sa~d east hne of Teasley Lane
W, 704 67 feet along the so~d east hne of Teosley Lane to o po~nt for corner,
E, 680 87 feet leaving the sold east hne of Teasley Lane to a point for corner,
E. 599 45 feet to o po~nt for corner,
W, 734 99 feet to a po~nt for corner being on the samd east hne of Teosley Lane,
W, 2223 45 feet along the sa,d east hne of Teosley Lane to a po,nt for corner,
E, 640 45 feet leawng the so,d east hne of Teasley Lone to a point for corner,
W, 711 32 feet to the Po~nt of Beg=nmng and containing 253 361 acres of land
EXHIBIT B
DETAIL B
SCALE 1:200
DETAIL A
SCALE 1
~TT1~TTTT'~TT1111i qll~tJlLlilll'lqL)
~~~fttrlILLtq111
-- TEASLEY LN (Fi~4 2181)
Eastern
Development
Gompames
EXHIBIT C
5225 Mllage Creek Drive, State 400, Piano, Texas 75093
(972) 267 6888, Fax (972) 818 8885
May 2, 2000
Mr David Salmon PE
Engineenng Administrator
City of Danton
221 lq Elm Street
Denton Texas 76201
De~MrSalmon
I have received your letter dated April 25, 2000 regarding the specific improvements required for
our Wheeler Radge Community located on Teasley lane and Robinson Road
Tins letter is to serve as our acknowledgement that the road improvements reqmred for the
ennrety of tins community will be
1 ) Left and Right mm lanes into the commumty from Teasley Lane at the emrance
2 ) A two lane approach on Robinson Road at Teasley Lane
3 ) 25' asphalt road with curb and gutter along our frontage for Robinson Road
4 ) 25' asphalt road with curb and gutter along our frontage for Hickory Creek
5 ) Wheeler Ridge will contribute $31,000 00 to the cost of signalization on Teasley
Lane at Hickory Creek Road and Robinson Road
ffyou have any questions please contact me
Sincerely,
Elvio Btam
EXHIBIT D
Eastern
Development
Compames
5225 Village Creek Dnve, State 400, Piano, Texas 75093
(972) 267-6888, Fax (972) 818 8885
May 2, 2000
Mr David Salomon
Mr Paul Williams
C~ty of Denton
221 N Elm Street
Denton Texas 76201
Dear SIRS,
Dunn$ a meeting held at C~ty Hall several months ago with Ivhke lez, Dave I-hll and
Pack Svehla from the City of Denton, Bill Anderson of Dowdy Anderson Engineering
and myself a discussion was held about the future alignment of the proposed 2499
roadway Though the alignment has not been finalized by the county or the city,
prehnnnary lnchcatlons from d~scusmons w~th the county engineers have indicated the
probable need to use part of the "dechcatlon reserve" held by PuRe homes at the
northwest comer ofthelr development As discussed dunng tlus meeting if the county, as
indicated by the attached letter from County Comrmssloner Krueger, finis to pay for the
condenmat~on expense and land cost of the "dedlcatton reserve", Eastern Development
Compames as general partner for the Wheeler Padge development agreed to cover those
cost Please allow tins letter serve as our confirmation of that agreement
Kobert Prendergast
For Wheeler Padge