1998-394 NOTE. Amended by Ordinance No 99-429
m~l~. ~~ ~%~L~d~ 2000-416
N01E. Amended by 0rdlnance No. 2001-189.
NOTE Amended by Ordinance No. 2001-260
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE APPROVAL
OF AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 132 (PD 132) ZONING
DISTRICT, AS TIlE 427 616 ACRES DESCRIBED IN EXHIBIT "A" APPLY TO THE 414 9
ACRES OF LAND DESCRIBED IN ORDINANCE 89-101 AND ORDINANCE 88-166,
PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXINILrlVl
AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, on October 18, 1988, by Ordinance 88-166, the City Cottncll approved a change
in zomng for 414 9 acres of land to Planned Development 132 (PD 132) Zomng Dmtnet, as more
pameularly described thereto, and
WHEREAS, on August 15, 1989, by Ordinance 89-101, the City Council approved an
amendment to the concept plan of Planned Development 132 (PD 132) zoning district and a detmled
plan for 217 3 acres of land, as more pamcularly described therein, and
WHEREAS, on March 11, 1998, Mathew Goodwm, on behalf of Mare Foofllc, applied to
amend the approved concept plan for Planned Development (132) zoning chstnct and provide for a
detailed plan for 138 992 acres therein, and
WHEREAS, on September 9, 1998, the Planning and Zomng Commasmon unammously
recommeaded approval of the rezomng of 15 088 acres from an Agricultural (A) zoning dmtnet to
Planned Development 132 (PD 132) and a concept plan for the expanded zoning dmtnct, and
WHEREAS, on November 7, 1998, in the previous public heanng to this one, the City
Council approved the rezonmg of 15 088 acres fxom an Agricultural (A) zoning dmtnct to Planned
Development 132 (PD 132) zomng dmtnet, and
WHEREAS, the City Council finds that the proposed concept plan will be in eomphance
with the 1988 Denton Development Plan and the 1998 Denton Plan Policies, NOW, THEREFORE
THE COUNCIL OF TIlE CITY OF DENTON IlEREBY ORDAINS
SECTION I That Ordinance 88-166, providing approval for the rezomng of 414 9 acres to
Planned Development 132 (PD 132) zoning district and the original concept plan for smd dmtnet,
and Ordinance 89-101, providing approval for an amendment to a portion of the original concept
plan and for a detmled plan covenng 184 2 acres wltNn PD 132 zomng dmtnct, are amended by the
approval cfa new concept plan (The Preserve) attached hereto as ExNNt B and lnenrporated hereto
by reference, and more particularly described m the legal description for 427 616 acres of real
property attached hereto and incorporated herein by reference as Exhibit A, subject to the following
conditions
1 Pnor to the issuance of any bmldmg permits for lots on Tracts C, H, I J, K, L, M,
O, and P, as ~dent~fied on the concept plan, adequate transportation infrastructure
m accordance with the approved Traffic Impact Analysis (TIA) shall be
constructed
2 Ifa revision to the City of Denton's Long Range Thoroughfare Plan reqmres a
change m the ahgnment of the spree road and the configuration of adjacent tracts,
the maximum number of umts/lots within each effected tract shall be allowed to
increase or decrease accordingly, wlule the cumulative total for all effected tracts
shall be no greater than originally permitted by the concept plan
~, That the provisions of this ordinance shall govern and control over any
confi~ctmg prowmons of Orchnance 88-166 and Ordinance 89-101 as they apply to the 427 616 acres
of land descnbed tn Exhibit A, but all proxasions of Ordinance 88-166 and Ordinance 89-101 as they
apply to the remaining portion of PD 132 zomng dasmct not hereto amended, shall continue m full
force and effect
SECTION UI That the City's official zoumg map as amended to show the change tn zoumg
district clasmfieation
~ That any person wolatmg any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000 00 Each day that a provmon ofttns ordinance is
violated shall constitute a separate and &street offense
~ 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
pubhshedltwace tn the Denton Record-Chromele, a dally newspaper pubhshed m the City of Denton,
Texas, wlttun ten (10) days of the date of its passage
PASSED AND APPROVED this thc /~--~dayof ('~.ff'/fl~_~/, 1998
JAC~LLER, MAYOR
ATTEST~
JENNIFER WALTERS, CITY SECRETARY
PAGE 2
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 3
EXHIBIT A
(PAGE 1 OF 3)
LEGAL DESCRIPTION
@EING a 427 6~6 acre tract of land ~n the G Walker Survey Abstract No ~330 and the W
Durham Survey, Abstract NO 330 s~tuated in the C~ty of Denton Denton County Texas and the
Extra-territorial Jurlsdictzon of Denton County Texas sa~d tract being conveyed to Tara Land
Ltd by deed recorded ~n Denton County Clerk s F~le NO 97-R0057731
BEGINNING at a point found et the znterssct]on of the North r~ght-of-way l~ne of the N K & T
Railroad (lO0 ROW) and the East l~ne of a tract conveyed to Patrick 0 0 Br~en and J SLoven
Rogers by ~eed recorded in Volume g34 Page i45 of the Deed Records of Denton County
Texas
THENCE NO0 t4 0§"~ along the East l~ne of sa~d 0 Br~en/Rogers tract, ~S86 69 feet to a point
said point being on the South r~ght-of-way l[ne of Pockrue-Page Road (§0 ROW),
THENCE SBg'§§ ~3 E along the South rzght-of-~ey line of sa~d Pockrus-Page Road ~077 93
feet to a point
THENCE NBS*38 38 E along the South r~ght-of-~ay line of sa~d Pockrus~Page Road 296 73
feet to a po[nt
THENCE NO0'~3 50 E along the East l~ne of S~[sher Road (50 ROW) ~§~ 72 feet to a point
on the South line of a tract of land conveyed to Joy Powell Dy deed recorded tn Volume ~695
Page g2t of the Deed Records of Denton County Texas
THENCE Neg*53 06 E 680 36 feet to a point
THENCE NBS'§t 38 E, 975 20 feet to a point found for the Southeast corner of a tract conveyed
to Bob and Beverly Cook by deed recorded in Denton County Clerk s F~]e No gB-ROO5397~
THENCE N00'34 14 E, 320 09 feet to a point
THENCE NOt'54 ~ ~, 34 ~7 feet to a point
THENCE NO0'[~ 4g W 33~ 30 feet to a point
THENCE NO0'02 46 ~, 346 64 feet to a poznt found for the Northeast corner of a tract of land
conveyed Lo Johnny and Lynda McCorm~ck by deed recorded ~n Volume B23B Page 587 of the
Deed Records of Denton County Texas,
THENCE SBg'4S §~ ~ along the North ]~ne of sa~d NcCormlck tract ~B32 SO feet to a point
THENCE SSS'OB 53 ~ 4 g9 feet to a point found for the Northwest corner of a tract conveyed
to Johnny and Lynda McCormick by deed recorded tn Volume ~gB Page go6 of the Deed
Records of Denton County, Texas, sa~ point also being on the East r~g~t-of-~ay l~ne of said
S~sher ROad
THENCE N00'57 09 E along the East r~ght-of-way l~ns of sa~d S~sher Road, 283 ~0 feet to a
po[nt sa~d po)nt being the Southwest corner of a tract conveyed to LaJuana Leatherwood Dy
Document recorded in Denton County Clerk s File No gG-RBOGB~-2[~ of the Deed Records of
Oenton County Texas
THENCE NBe'2~ OB E 27~ 8g feet to a point
THENCE N85 ~ §2 E 526 Eg feet to a poznt
THENCE NB~'§~ ~8 E, ~50 03 feet to a point
THENCE NS~'§~ §2'E, 704 84 feet to a point sa~d point being found for the Southeast corner
of a tract of ]and conveyed to Milton Robert Jacobs and Lynn S W~l]ard by deeds recorded ~n
Volume ~3~0, Page ~0 and Volume ~330 Page 327 of the Deed Records of Denton County
Texas
THENCE NO0'02 46 W Bt 62 feet to a poznt
THENCE NO0'08 14"W 374 2B feet to a point
THENCE NO~'2~ lB W, 27~ 72 feet to s point
THENCE N00'23 ~8 W 534 87 feet to a bo[nt found for the Northeast corner of a tract
conveyed to Robert and Carol Beene by deed recorded ~n Volume ~00~ Page g27 of the Deed
Records of Denton County Texas
THENCE N89'30 46 E ~26! 2~ feet to a point found for the Southeast corner of a tract
conveyed to Raymond and Judith Grimes by deed recorded ~n Volume ~4~ Page 6§4 of the
Deed Records of Denton County Texas
EXHIBIT A
(PAO~ 2 o~ ~)
THENCE N00'40'32 N, 83 57 feet to a point, said point being the Point of Curvature of a
no~-tang?tlCtrculsr curve to the right having a radius of t140 O0 feet. a central angle of
27 53 58 , a chard bearing of NtO'20'OO"E and a chord length of 549 64,
THENCE along said curve to the right. 555 tt feet to a point,
THENCE N2t'20'Sg"E, 698 84 feet to a point on the Southern line of a Corps of Engineers
(COE) tract,
THENCE S70'46'08"E, 249 g8 feet to a point,
THENCE S24'3§'32"E, ii63 69 feet to a point,
THENCE N7g'32'26"E, 244 7! feet to a point,
THENCE S53'03'40"E, 477 60 feet to a point,
THENCE S4i'O§'07"E, 385 93 feet to a point,
THENCE S4i'34'28"E, 302 08 feet to e point,
THENCE S30'30'2i"N, 360 72 feet to a point,
THENCE S5t'07'36"W, 680 Oi feet to a point,
THENCE S23'3t'04"N 247 93 feet to a point found for the No~tQwest_~srn?
conveyed to Hidden Valley Aseocietion by deeds recorded in volume ob~ wage u~u~ and
Volume 55i, Page 4i6 of the Dead Records of Benton County, Texas,
THENCE S89'44'§2"W along the North line of said Hidden Valley tract 705 60 feet to a point
found for the Northwest corner of said Hidden Valley tract,
THENCE S00'20'38"E along the Nest line of said Hidden Valley tract, 786 06 feet to a point
THENCE SO0'Ot'58"N along the Nest line of said Hidden Valley tract,.Tlt. 82. fee~.~o a.pBin~
found for the Northwest corner of Hidden Valley Estates, a subdivision to tne city Bt uenton
Denton County, Texas as recorded in Cabinet D, Slide 377 of the Plat Records of Denton
County Texas
THENCE S00'2t'40"E along the Nest line of said Hidden Valley Estates, 776 Si feet to a point
found for the Southwest corner of said Hidden Valley Estates, said point also being the
Northwest corner of a tract of land conveyed to Susanne Turner by deed recorded in Volume
842, Page ~48 of the Deed Records of Denton County, Texas
THENCE SO0'2i'tO"N along the west line of said Turner tract, 248 16 feet to a point,
THENCE S00't2 4i"N, §t 73 feet to a point found for the Northeast corner of a tract conveyed
to James and Beverly Arrasmlth by deed recorded in Volume 2275, Page 5 of the Deed Records
of Denton County, Texas,
THENCE S88'§3'22"N, 354 t2 feet to a point,
THENCE S89'§3'S3"N, 340 §0 feet to a point,
THENCE S89'2t 38"N, 989 42 feet to a point,
THENCE S88'Sg'39"N, 989 28 feet to · point,
THENCE S00'32'50 ~, 1088 92 feet to a point,
THENCE S00'53'03"E, t070 t5 feet to a point found for the No£theast corqe~ of Shiloh
Cemetery, an addition to the City of Oenton, Denton County, /exes recorDeD in Cabinet J, Slide
43 of the Plat Records of Denton County, Texas
THENCE N89'O7'OT'N along the North line of said Shiloh Cemetery, 20~ 03 feet to a point for
the Northeast corner of said Shiloh Cemetery,
THENCE SOi'il'02"N, 79 S7 feet to a point,
THENCE S02'30 §8"E along the Nest line of said Shzloh Cemetery, 424 20 feet to a point found
for the Southwest corner of said Shiloh Cemetery, said point also being on the North right-of-way
line of Shady Shores Road (50'ROH),
EXHIBIT A
(PAGE 3 OF 3)
THENCE N88'§6 31"W dion9 the North right-of-way line of said Shady Sh~res R~ad, 58~ 35 _
feet to a,polnt found for the intersection of the North right-of-way line Pt said Shady Snores
Road and the North right-of-way line of NK&T Railroad ($00 ROW), said point also being the
Point of Curvature for a non-tangent circular curve to the ]eft having a radius of 2387 22 feet
a central angle of $4'47 55 , a chord bearing of N39'39 28 W and a chord length of 654 87feet
THENCE along said curve to the left end the North right-of-way line of said Railroad 656 58
feet to a point
THENCE N48'~9 ]6'W along the North r~ght-of-way line of said Railroad right-~f-way 277 07
feet to a point found for the Point of Curvature of a circular curve to the ~eft having a radius
of $5a2 7~ feet, a central angle of 28'29 $4 , a chord bearing of NB2'33 45'w and a chord
length of 759 15 feet
THENCE along said curve to the ]eft and the North right-of-way line of said Railroad right-of-way
767 03 feet to a point
THENCE N76°48 29"W along the North right-of-way line of said Railroad right-of-way 213 89
feet to the POINT OF BE6INNINB and containing $8 626 936 square feet or 427 656 acres of
]and
EXHIBIT B
(PAOE 2 OF 2)
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT
TO THE AREA REGULATIONS AS THEY PERTAIN TO THE DEFINITION OF A "FRONT
YARD" OF ORDINANCE 98-394 WHICH APPROVED AN AMENDED CONCEPT PLAN FOR
PLANNED DEVELOPMENT 132 (PD 132) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 427 616 ACRES OF LAND LOCATED TO THE NORTH OF SHADY
SHORES ROAD AND THE EAST SIDE OF SWISHER ROAD, PROVIDING FOR A SAVINGS
CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR
VIOLATIONS THEREOF, PROVIDING FOR SEVERABILITY CLAUSE, AND PROVIDING
FOR AN EFFECTIVE DATE (Z-99-067)
WHEREAS Marc Foothk, on behalf of the Preserve at pecan Creek Partners, Ltd, has
applied to amend the defimt~on ofa fi'ont yard to allow porches beyond the building llne for single-
family lots in Planned Development 132 (PD 132) zomng district, and
WHEREAS, on October 13, 1999, the Planning and Zoning Commission recommended
demal of the requested change in the deftmtlon of"front yard" so to approve the amended definition
required a super maJority vote of the City Council, and
WHEREAS, the City Council finds that an amendment to the area regulations as they pertain
to the defimtlon of a "front yard" for smgle-famdy lots will be consistent with the 1988 Denton
Development Plan, the 1998 Denton Plan Pobcies, and the 1999 Growth Management Strategies and
Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the area regulations as they pertain to a "front yard" as established by
Ordinance 98-394, winch adopted an amended concept plan for 427 616 acres wlfinn Planned
Development 132 (PD 132) zomng d~stnct classfficat~on and use designation, described in the legal
description attached hereto and incorporated herein as Exinblt A are amended under the
comprehensive zoning ordinance of the City of Denton, Texas, as follows
Front Yard for Single-family Lots
Yard, front means an open, unoccupied space on a lot facing a street extending across
the front of a lot between side lot lines and from the mmn building line On all
single-family lots, porches w~th structural support (columns) shall be allowed to
extend ~nto the front yard five feet (5'-0") and any associated roof overhang and/or
sm~lar special arcbatectural feature shall be allowed to extend another three feet (3'-
0") Outside of porches and their associated roof overhang and/or similar specml
architectural features, the front yard shall not be obstructed from a point forty-two
inches (42") above the general ground level by a guardrml, fence or other object,
except as pmwded for roof overhang or similar special architectural features or plant
material
Porch.
Porch means an open, unenclosed, unobstructed, and non-habitable space w~th
structural supports (columns) attached to thc front cfa smglc-fanuly dwelling facing
a public street and used for a purpose customanly incidental to the mmn structure,
riot including those allowed in accessory bmldmgs (c g garage or carport), in a
residential &stnct
Guardrail.
Guardratl moans a system ofbmldmg components located along thc open sides of
a porch's elevated surface for thc purpose of mlmmlzmg thc poss~blhty of an
accidental fall from the elevated surface to thc lower level
SECTION 2 That the provisions of tlus ordinance shall govern and control over any
conflicting prowslons of Ordinance 98-394, but all prowslons of Or&nance 98-394 as they apply
to the rernmnmg port~on of Planned Development 132 (PD 132) zomng dlstnct land use regulations
not hereto amended, shall continue m full force and effect
SECTION 3 That a copy of this ordinance shall be attached to Ordinance 98-394 show~ng
the amendments herein approved
SECTION 4 That any person wolatlng any prows~on 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 distract offense
SECTION 5 That ~f any section, subsection, paragraph, sentence, clause, phrase, word,
or provisions of this ordinance shall be adjudged mvahd or held unconstltut~onal, the same shall
not affect the vahd~ty of this ordinance as a whole or part or provisions hereof, other than the part
so decided to be mvahd or unconstitutional, and the C~ty Council of the C~ty of Denton, Texas
hereby declares it would have enacted such remmmng portions despite any such vahdtty
SECTION 6 That th~s or&nance shall become effective fourteen (14) days fi'om the date
of~ts passage, and the City Secretary ~s hereby chrected to cause the caption of this ordinance to be
pubhshed twice m the Denton Record-Chromcle, a dally newspaper pubhshed m the C~ty of Denton,
Texas, within ten (10) days of the date ofxts passage
PASSED AND APPROVED this the /~/~ dayof ~//~~ ,1999
JAC M~LER, MAYOR
Page 2
ATTEST
JENNIFER WALTERS, CITY SECRETARY
AP~] rOVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 3
EXHIBIT A
LEGAL DESCRIPTION
BEING a 4~7 6]6 acre tract of lend in the G Walker Survey, Abstract No 1330 and the
Durham Survey Abstract No 330 situated ~n the C~ty of Oenton Denton County, Texas end the
Ex]re-territorial Jurisdiction Of Oenton County Texas se~d tract being conveyed to Tara LanO
Ltd By Deed recorded in Oenton County Clerk s File No 97-R0057731
BEGINNING et a ooint found at the intersection of the North r~ght-of-way )ina of the M
Railroad HO0 ROW) and the East )ina of s tract conveyed to Patrick D 0 8r~en and J Steven
Rogers by deed recorded )n Volume 934 Page ~46 of the Deed Records of Denton County
Texas
THENCE NO0'14 O§'H along the East line of sa~d 0 Brian/Rogers tract, ]586 69 feet to a point
sa~d point being on the South right-of-way line of Pockrus-Page Road (50 ROW),
THENCE S89'55 13"E along the South right-of-way line of said Pockrus-Page Road ~077 93
feet to a point
THENCE NBg'38 38'E along the South r~ght-of-wsy l~ne of said Pockrus-Page Road 298 73
feet to e point
THENCE NO0']3 §O'E along the East ]ina of Swisher Road (50 ROH), ]§]1 7~ feet to a
on the South line of a tract of land conveyed to Joy Powel] by dead recorded in Volume ]695
Page g~ Of the Oeed Records of Denton County, Texas
THENCE N89'53 OB"E, 680 36 feet to a
THENCE N89'5] 38'E, 975 20 feet to a point found for the Southeast corner of a tract conveye~
to 8o~ and Beverly Cook by deed recorded ~n Oenton County C]er~ s F~le No 93-R005397t
THENCE N00'34 14'E. 320 og feet to a point,
THENCE N0]'54 il'H, 34 17 feet to a
THENCE NO0'll 49'W 331 30 feet to e point
THENCE NO0'02 46'W, 346 64 feet to · ODin] found for the Northeast cornec of a tract of ]and
conveyed to Johnny and Lynda McCormick by dead recorded in Volume 3238 Page 587 of the
Oeed Records of Oenton County Texas.
THENCE S85'48 5t'W e)on9 the North )ina of ss~d McCore~ck tract 1632 50 feet to a ~o~nt
THENCE S85'08 53"W, 4 99 feet to e point found for the Northwest corner of a tract conveyed
to Johnny and Lynda McCormick by deed recorded ~n Vo]ume ]98, Page 906 of the Oeed
Records of Denton County, Texas said point also being on the East right-of-way line of
Swisher Road
THENCE N00'57 Og"E along the East right-of-way line of sa~d Swisher Road, 283 t0 feet to e
point said point being the Southwest corner of e tract conveyed to LaJue~a Leather~ood.by
document recorded in Oenton County Clerk s File No 96-R3068]-2]] of t~e used RecorDs
Oenton County Texas,
THENCE N68'21 03"E, 27] 89 feet to a
THENCE N85'l] 52'E 526 69 feet to e ~otnt,
THENCE N89'5] t8"E. ]50 03 feet to a ODin],
THENCE N85'§] 52'E. 704 84 feet to a ~otnt said point being found for the Southeast corner
of a tract of land conveyed to Milton Robert Jacobs end Lynn S Ni]]ard by deeds recorded ~n
Volume ~3]0, Page ]]0 and Volume 1330, Page 327 of the Oeed Records of Oenton County
Texas
THENCE NO0'O~ 46'N, 3~ 62 feet to a
THENCE NO0'08 ]4'~, 374 26 feet to a ~oint
THENCE NOt'21 16'N, 271 72 feet to a point,
THENCE N0~'23 18'N, 534 87 feet to e ~otnt found for the Northeast corner of e tract
conveyed to Robert and Carol Beene by deed recorded in Volume t001 Page 927 of the Deed
Records of Oenton County. Texas.
THENCE N85'30 4G'E, ]26] 21 feet to e gOth] found for the Southeast corner of e tract
conveyed to Raymond and Judith Grimes by deed recorded ]n Volume ~4~] Page 654 of the
Oeed Records of Oenton County Texas,
EXHIBIT A --
f~ (PAGE 2 OF 3)
THENCE NOO'40'32"N, 83 57 feet to a point, said point Being the Point of Curvature of a
non-tangent circular curve to the right having s radius of tt40 O0 feet. a central angle of
27'53'58". e chord bearing of NtO'20'O0"E and a chord length of sdg 64
THENCE along said curve to the right. §§5 It fast to e point
THENCE N21'20'§9'E. 698 84 feet to a point on the Southern line of a Corps of Engineers
(COE) tract;
THENCE S70'4S'08'E, 249 g8 feet to e point.
THENCE S24'3§'32'E, 1t63 69 feet to a ~oint,
THENCE N79'32'26'E, 244 71 feet to a )pint.
THENCE S53'03'40'E, 477 60 feet to a )pint,
THENCE S41'05'07"E, 385 93 feet to a 3pint,
THENCE S4t'34'28"E, 302 08 feet to a ~oint,
THENCE S30'30'2t"N, 360 72 feet to a 3oint,
THENCE SSi'O7'36'N, 680 Ol feet to a 3pint.
THENCE S23'3t'O4"N, 247 93 feet to s point found for.the No~t~west_~grn~r of_~_?ac~
conveyed to Hidden Valley Association by deeds recorDed in volume ~§, Page ~bu~ and
Volume ~5t, Page 416 of the Deed Records of Denton County, Texas,
THENCE s8g'44'§E'N along the North line of said Hidden Valley tract. 705 60 feet to e point
found for the Northwest corner of said Hidden Valley tract.
THENCE S00'20'38'E along the Nest line of said Hidden Valley tract. 766 06 feet to s point
THENCE SOO'Ot'56'N along the Nest line of said Hidden Valley trac~..Tti. 82.~ee[.~o s.pEin~
found for the Northwest corner of Hidden Valley Estates. a subdivision co [ne gi[y pt uencon
Denton County, Texas as recorded in Cabinet D. Slide 377 of the Plat Records of Oenton
County. Texas,
THENCE S00'2t'40"E along the Neet line of said Hidden_V~l~ey Estates,.7?6 ~t f~e~ to.~ point
found for the Southwest corner of said Hidden Valley Estates, Said point aisc Doing ~ne
Northwest corner of a tract of land conveyed to Susanne Turner by deed recorded in Volume
842, Page 348 of the Deed Records of Denton County, Texas,
THENCE SOO'21'tO"N along the west line of said Turner tract. 248 tS feet to a point,
THENCE S00't2'4t'H, 5t 73 feet to e point found for the Northeast corner of a tract conveyed
to dames and Beverly Arraamith by deed recorded in Volume 2275, Page 5 of the Deed Records
of Denton County, Texas,
THENCE S88'53'22'H, 354 12 feet to e point,
THENCE S89'§3'53'~, S40 50 feet to a point.
THENCE seg'21'S8'N, 989 42 feet to a point,
THENCE S88'~9'~9'N, 989 28 feat to e point,
THENCE SOO'32'§O'N, t088 92 feet to e point.
THENCE SO0'SS'O~'E, t070 t5 feet to e point found fop th~ No£theaat corqe~ of Shiloh
Cemetery, ~ addition to the City of Denton, Oenton County, ~exas recorDeD in Cabinet d, Slide
43 of the Plat Records of Oenton County, Texas.
THENCE Neg'oT'O7'H along the North line of said Shiloh Cemetery. 202 03 feet to a point for
the Northeast corner of said Shiloh Cemetery,
THENCE SOi*ti'O2'N, 79 97 feet to a point,
THENCE SOa'iD'56'E along the Neat line of said Shiloh Cemetery, 424 20 feet to a point found
for the Southwest corner of said Shiloh Cemetery, said point also being on the North right-of-waY
line of Shady Shores Road (50'RON),
EXHIBIT A
(PAGE 3 OF 3)
THENCE N88'56 3]'~ a]on9 the North right-of-way ]lne of said Shady Shores Road 586 31
feet to a point found for the intersection of the North right-of-way line of said ShaOy Shores
Roa~ and the North right-of-way ]1ne of MK&T Railroad (100 ROW), said point also De]rig the
Point of Curvature for a non-tangent ctrcu]ar curve to the ]eft having a radius of 2387 22 feet
a central angle of 14'47 55'. a chord bearing of N39'39 28'W and a chord length of 6]4 87feet
THENCE along said curve to the ]eft and the North right-of-way ]ina of said Railroad 616 58
feet to a point
THENCE N48'$9 ]B'~ along the North right-of-way line of said Railroad right-of-way 277 07
feet to 8 point found for the Point or Curvature of a circular curve to the left having a radius
of $542 71 feet, a central angle Of 28'29 ]4', a chord bearing of N62'33 4§"W and a chord
length of 7§g l§ feet
THENCE along salo curve to the ]eft and the North right-of-way line of said Railroad right-of-~a~
767 03 feet to a point
THENCE N76'~8 29'~ along the North rig~t-of-~ay line of said Railroad right~of-way, 213 89
feet to the POINT OF BEGINNING and containing ]8 626 936 s~uare feet or 427 616 acres of
land
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 98-
394, TO PROVIDE FOR A DETAILED PLAN FOR 8 29 ACRES LOCATED WITHIN THE
PLANNED DEVELOPMENT 132 (PD-132) ZON1NG DISTRICT AND LAND USE
CLASSIFICATION, THE SUBJECT PROPERTY BEING GENERALLY LOCATED ON THE
EAST SIDE OF LAKEVIEW BOULEVARD APPROXIMATELY 2500 FEET NORTHEAST
OF THE INTERSECTION OF LAKEWOOD BOULEVARD AND SWISHER ROAD 1N 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-00-017)
WHEREAS, on November 17, 1998, by Or&nance 98-394, the C~ty Colmcll approved an
amended Concept Plan for 427 616 acres located ~n the Planned Development (PD-132) Zomng
District, as more particularly described thermn, and
WHEREAS, on July 26, 2000, The Preserve at Pecan Creek Partners, Ltd submitted a
Detmled Plan for 8 29 acres located w~th~n the Planned Development 132 (PD-132) Zomng
D~stnct wlth the intent to develop a commumty amemt~es center, and
WHEREAS, on September 27, 2000, the Planmng and Zomng Commlss~on
recommended approval of a Detailed Plan for such 8 29 acres, and
WHEREAS, the City Council finds that the Detailed Plan ~s consistent with the approved
amended Concept Plan for PD-132 and is in compliance w~th the 1999-2020 Denton
Comprehensive Plan ("The Denton Plan"), NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That Or&nance 98-394 prow&ng for the approval of an amendment to the
Planned Development-132 (PD-132) Zomng D~stnct Classification and Use Designation ~s
hereby amended by approwng the Detmled Plan attached hereto and incorporated hereto by
reference as ExNNt B for 8 29 acres located w~tNn PD-132, more parhcularly described by the
legal description attached hereto and ~ncorporated here~n by reference as ExNNt A, subject to
the following condition
1 Lighting on the property shall be designed and mmntmned so as not to shine on or
otherwme &sturb surroun&ng res~dentml property or to shine and project upward to
prevent the d~ffus~on ~nto the mght sky
SECTION 2 That the provisions ofth~s ordinance as they apply to the 8 29 acres shown
m the detmled plan here~n approved, shall govern and control over any confl~ct~ng prows~ons of
Ordinance No 98-394, but all the prows~ons of Ordinance No 98-394 as they apply to that
remmnmg port~on of the district not here~n amended, shall continue in force and effect and shall
apply to the remmnder of smd &strict
SECTION 3 That a copy of th~s ordinance shall be attached to Ordinance No 98-394
showing the amendment herein approved
SECTION 4 That any person vlolatmg any prows~on of th~s ordinance shall, upon
conwctlon, be fined a sum not exceeding $2,000 00 Each day that a prows~on of this ordinance
is violated shall constitute a separate and distinct offense
SECTION 5 That this ordinance shall become effective fourteen (14) days fi.om the date
of ~ts passage, and the C~ty Secretary ~s hereby &rected to cause the caption of th~s ordinance to
be pubhshed twice m the Denton Record Chromcle, officml newspaper of the City of Denton,
Texas, w~thm ten (10) days of the date of its passage
PASSED AND APPROVED th~s the ~L~x day of ~e'~/~q~- ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
EXHIBIT A
PROPERTY D $ORIPTION
STATE OF TEXASI
COUNTY OF DENTON'
BEING o 6 499 ocre lrocl of lend s#ua/ed m lhe Gideon Walker Survey Abslrocl No
I$$0, CIly of Den/on, Denlon Counf. y, Texas, being o porhon of The Preserve at Pecon
Creek, Lid 413 512 ocre /foci of land as described in Deed of Trust end SecurHy
Agreemenl recorded m Denlon Counly Clerk's document number 99-R0060706 of the
Reel Properly Records of Denton Counly Texos end being more parhcularly described
os follows ~
COMMENCING ol a I/2' Iron rod found m the west hne of o trocl offend (Trocl If as
described m deed to Hidden Volley Airpork Assoclohon Inc recorded In Volume 551
Page 415 of/he Deed Records of Denlon Counly Taxes, al/he northwesl corner of
Hidden Volley Es/a/es, Phose # on odd/hen Io /he Town of Shody Shores Denlon
Counly Taxes as recorded m Cobmet D Slide 377 of Ihe Plot Records of Denlon Counly
Taxes, being on angle point in fha eosl line of sold The Preserve et Pecon Creek Ltd
413 5/2 Dore Iract,
THENCE N 02 46 '12' E deporting Ihe norlhwest corner of Hidden Volley Eslotes Phose
# along /he wesl line of sold Hidden Valley AirporR Assoclohon /nc Troct I end an eost
line of sold 415 512 ocre lroc/, o dlslence of 711 65 feet to o I/2' iron rod found~
THENCE N 02 23 '40' E olong /he wesl line of said Hidden Volley A~rpork Assoclohon Icc
Tracl I end on eosf line of said 415 512 acre lract o dlstonce of 185 20 feet to a I/2' ~ron
rod w/Ih o ploshc cop set~
THENCE deporlmg Ihe wesl line of sold Hidden Volley Airpork Assoclohon Inc Troel I
end the eos/ bna of sold 413 512 acre tracl troversln9 sold 413 512 acre trocl the
followln9 ~
S 72 12'42' W a dlsfonce of 527 79 feel to o I/2' iron rod wllh aploshc cop set,
S 59 26 16' W o dlslance of 344 19 feel to a I/2' iron rod wllh o ploshc cap se/,
N 08 16 '36' E a dlsfonce of 179 41 feet to o I/2' iron rod with o plashc cop
/he pom/ of curve/ute of o non-tangenl ctrculor curve lhe r~gh/ hovmg o rodlus thai
beers N 08 16'36' E 225 O0 feet,
Norlhweslerly, olong sold circulor curve to lhe right lhrough o central angle of
23 14 '49' on ore dlstonce of 91 29 feel end having o chord lhol beers
N 70 06'00' W 90 67 feel to o I/2' ~ron rod with opIoshc cap sol In lhe
soulheosterly bna of Lei 2 Block 22 of Lokevlew Boulevord Righl-Of-Way and Lei
I0, Block 5 Lei 2 Block 15, Lot I, Block 22 8 Lei 2 Block 22 The Preserve
Pecan Creek on add#ion ID /he Clly of Denton Denlon Counly Taxes as recorded
m Cabmel R Slide 366 PRDCT sold polnl else lying in o clrculor curve 1o lhe lefl
hovlng o radlus thol beors N 56 48'00' W 1400 00 feet,
THENCE Norlheosterly, olong /he southeosterly line of said Lo/ 2 B/ocR 22 end along
sold clrculor curve /o /he left /brough o control angle of 02 02 '48 ' on ore dlstonce of
50 OI fee/end hovmg o chord lhol beers N 32 I0'$7' E o dlstonce of 50 O0 feet to o I/2'
iron rod with o ploshc cop sol a/ /he POINT OF BEGINNING of the harem described tract
of Iond,
THENCE Norlheasferly conlmuing olong the soulheoslerly line of so~d Lot 2 Block 22
end olong sold circulor curve Io /he left ihrough o control ongle of 05 24 '41' on otc
distance of 83 35 feet end hovlng o chord/hal beers N 29 26 '52 ' E o dlslance of 83 34
fee/ lo a I/2 ' iron rod w/Ih o ploslic cop sol ot the northeosl corner of said Lei 2 Block
22,
THENCE N 62 15 '28 ' W deporting rodlal Io the preceding curve along the norlherlymosl
line of sold Lei 2 Block 22 o dlslonce of I0 O0 feet to a I/2' Iron rod wdh a ploshc cop
sol ot /he norihwesl corner of sold Lei 2 Block 22 end the northeost corner of
exlshng plo#ed terminus of Lokevlew Boulevord (80' R 0 W et this point per Cobmet R
Shde 366 PRDCTf some being fha point of curvafure of o non-longenl clrculor curve 1o
lhe /eH having o rodlus lhot beers N 62 15 '2B ' W a d~sfance of 1590 O0 feel,
THENCE deporlmg lhe norlhwesl corner of sold Lei 2 Block 22 and the norlheosl corner
of the exlsfmg plolled fermmus of so~d Lokev~ew Boulevard lroverslng sold 413 512 ocre
tract the following
PROPERT DE$ RIPTIOIV
( CONTINUED
Norlheoslerly, along said circular curve 1o /he loll, through o central angle of
14 35 '01', on arc dis/once of 353 80 feet end having a chord Ihol beers
N 20 27'01' E, o dis/once of 352 85 feet 1o o I/2' iron rod w/ih o ploshc cop set
fha poinf of fongency~
N 13 09 '31' E o dlslonce of 300 70 feel 1o o I/2' iron rod wlfh o plosltc cop sol al
lhe polnl of curvature of a circular curve to the rlghl having o radius of 1460 O0
foelw
Norlheoslerly, along said circular curve Io Ihe rlghl through o cenlrol angle of
22 12 '33', on arc dis/anco of 565 93 feet end having o chord thct bears
N 24 15 '47' E, o distance of 562 39 feet Io o I/2' iron rod w/fh o ploshc cop set~
S 53 39 '04 ' E deporting non-fnngent lo the preceding curve a d~slonce of 85 OI
feel fo a I/2' iron rod wllh o ploshc cop sol et the point of curvature of o non-
longenl circular curve Io /he left, having o radius Ih(~l bears $ 54 41 '$5' E 1375 O0
Soulhwesler/y along sold circular curve /o fha lefl Ihrough a central angle of
O0 58 '55', on otc dlslonce of 23 57 feel end having a chord fha/ beers
S 34 48 '58' W o dislonce of 23 57 feet 1o o I/2' iron rod w~fh o ploshc cop sol
the pein/of fongency~
S 34 19 '30' W o d~slonce of 30 45 feel to o I/2' iron rod wllh o plashc cop set
lhe point of curvofure of o circular curve lo the left having o radius of 325 O0 feel~
Soulhwesterly along sold circular curve lo the lefl lhrough a cenlrof angle of
47 20 '28 ', on arc dis/once of 268 53 feel and having a chord lhof beers
S I0 $9 '/6' W, c/dlslonce of 260 96 feel 1o o I/2' iron rod w/ih o plashc cap sol
el Ihe pein/ of longency~
S 13 O0 '58' E, a distance of 52 65 feel to a I/2' iron rod w/ih o ploshc cap set
lhe petal of curvature of o circular curve 1o right having o radius of 425 O0 feel~
Southeoslerly, along sold circular curve 1o the rlghl lhrough o centrc~l angle of
15 24 '$8', on arc dlslunce of 114 31 feet end having o chord /hal beers
S 05 18'39' E o dlslonce of 113 97 feet 1o o I/2' iron rod wilh oploshc cop set el
the petal of tongency~
S 02 23'40' W o dlsfonce of 281 15 feet to o I/2' iron rod w/Jh opIoshc cop sol
el fha po/hi of curvature of o circular curve to the right, howng o rcdlus of 325 O0
feet~
Sou/hweslerly, along sold circular curve lo lhe right through o cenlra/ angle of
15 36 '20' on otc dis/once of 88 52 feel end having o chord lha! beers
S I0 11'50' W, o distance of 88 25 feet to o I/2' iron rod with o ploshc cap se/at
the petal of tongency~
S 18 O0 '00' W, o dlsionce of 6 29 feel to o I/2' Iron rod with o plashc cop set
/he point of curvalure of o circular curve to the lei/ having o red,us of 275 O0 feet~
Soufhweslerly, ulong sold circular curve 1o the left through o cenlral
angle of 35 47'15', on arc dlslonce of 171 77 feel end having a chord lhol beers
S O0 06'21' W o dtsfonce of 168 99 feel Io o I/2' iron rod w~fh oplashc cop
el the poinl of fongency~
S 17 47'18' E o distance of 46 17 feel Io a I/2' iron rod w/ih o ploshc cop sel~
S 72 12'42' W, o d~slonce of 130 23 feet 1o a I/2' iron rod wl,h oploshc cop
et fha petal of curvature of o circular curve lo /he left howng o rog]us of 525 O0
feel~
Southweslerly along sold circular curve Io the lefl lhrough o cenlrol
tingle of 12 46 '27' on arc distance of 171 05 feet end having o chord Ihal beers
S 65 49 '29' W, o dislonce of 116 81 feel Io a I/2' iron rod w/th a ploshc cap
el the polnl of longency~
S 59 26'16' W, o dlslance of 47 48 feel 1o a I/2' iron rod wlfh aplasllc cop se/ al
lhe petal of curvafure of o circular curve to lhe r/ghf having o rod/us of 175 00 feet~
Norlhweslerly along said circular curve to lhe rlghI lhrough a cenlrol
angle of 61 53'57' on arc d~slonce of 189 06 feet end having o chord lhot bears
N 89 36 '46' W o dlslonce of 180 O0 feel to the POINT OF BEGINNING end
conlolnlng 283,099 square feet or 6 499 acres of lend
PROPERTY DE$CR/PTIOIV
STATE OF TEXAS~
COUNTY OF DENTON~
BEING o I 791 acre lrocl of land s/fueled in Ihe Gideon Walker Survey Abstrocl No
1530 Cily of Denlon Denlon Counly, Texas being a portion of The Preserve al Pecan
Creek, Lid 415 512 acre /foci of land os described m Deed of Trust and Security
Agreemen/, recorded m Den/on County Clerk's docurnenl number 99-190060706 of /he
Real Properly Records of Den/on Counly Texas and being more porhculorly described
os follows ~
COMMENCING al o I/2' iron rod found m Ihe west line of o tract of land ITroct I I os
described in deed Io Hidden Valley Alrpork Assoclahon Inc recorded In Volume 551
Page 415 of lhe Deed Records of Denlon Counly, Texas of the norlhwesf corner of
Hidden Volley Esloles, Phase II on addlhon Io /he Town of Shady Shores Denton
Counly Texas es recorded in Cablnel D Slide 377 of/he Plat Records of Denlon Counly
Texas being an angle polnl In Ihe east line of sold The Preserve at Pecan Creek Lid
413 512 acre lrucf~
THENCE N 02 46 '12' E, deporllng Ihe norlhwest corner of Hidden Volley Eslales Phase
II along the wesl bna of sold Hidden Volley Atrpark Assoclchan /nc Tract I and on eosl
line of said 413 512 ucre tree/, o distance of 711 65 feet fo o I/2' iron rod found,
THENCE N 02 23 ~40' E along fha wesl hne of sold Hidden Volley A/rpark Assoclohon /nc
Trocl I and on east line of sold 413 512 acre lrocl a d~slonce of 185 20 feet 1o o I/2' Iron
rod w/Ih o ploshc cop sel~
THENCE deporlmg the wesl line of sold Hidden Volley Airpark Assoclohon Inc Trocl I
and lbo eosf tine of sold 413 512 acre Irocf Iruversmg sa~d 413 512 acre tract
following ~
S 72 12 '42' W, o distance of 527 79 feet to a //2' ~ron rod wllh o ploshc cap
S 59 26'16' W o distance of 344 19 feel to a I/2' iron rod with oplosllc cap sol
al /he POINT OF BEGINNING of/he harem described lrocl of land~
S 59 26'16' W a dlslonce of 103 40 feel lo o //2' iron rod w/Ih o plashc cop sef~
S 17 26'10' W o distance of 140 98 feet 1o o I/2' /ron rod with aplosltc cap sol,
S 85 24 '42' W o dlslance of 330 BI feet to a ~/2' iron rod with o ploshc cop
in lhe soulheusterly line of Lei 2 Block 22 of Lokewew Boulevard Righl-Of-Way
end Lol I0 Block5 Lei2 Block 15 Lot I 81oc~ 22 8 Lot 2 Block 22 The
Preserve al Pecan Creek on oddlflon lo the C~ly of Denlcn Denlon Counly Texas
os recorded m Cob/hal R Slide 366 PRDCT,
THENCE N 48 25 '16' E along lhe soulheaslerly line of sold Lot 2 Block 22 a dis/once
of 212 88 feet Io o I/2' iron rod w/Ih a plastic cop set at the point of curvature of o
circular curve Ia the lab having o radius of 1400 O0 feel,
THENCE Norlheasterly along the $outheoslerly line of said Lei 2 Block 22 and along
sold circular curve lo Ihe lefl through e central angle of 15 13 15' on arc dlslonce of
$71 92 feel and having a chord lhat bears N 40 48 38' £ o d~slance of $?0 83 feet to
I/2' iron rod with o plashc cop se/ al lhe polnl of curvature of o non-compound circular
curve to the left having a rod/us lhot bears N 31 31 '25 ' E 225 O0 feet~
THENCE deporting southeasterly line of said Lot 2 Block 22 lraverslng sold 413 512
acre lrocl, fha followmg~
Southeasterly along sold circular curve Io lhe left I~rou~h o cenlrol angle of
23 14 '49', an arc d~slance of 91 29 feet and having a chord thai bears
S ?0 06'00' E 90 GTfeettool/2' ironrodwlthoplashccapset,
S OS 16'$6' W deparhng radial 1o Ihe preceding curve~ a d~slance of 179 41 feet
to the POINT OF BEGINNINGond conlommg 78 023 squat, feet or I 791 acres
of land
ORDINANCE NO ~0~/-/¢q
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 98-
394 AND 98-395, TO PROVIDE A CHANGE IN THE REQUIRED TRANSPORTATION
IMPROVEMENTS FOR THE PLANNED DEVELOPMENT 132 (PD-132) ZONING
DISTRICT AND LAND USE CLASSIFICATION, 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-01-0003)
WHEREAS, on November 17, 1998, by Ordinance 98-394, the City Council approved an
amended Concept Plan for 427 616 acres located in the Planned Development (PD-132) Zoning
District, as more particularly described therein, and
WHEREAS, on November 17, 1998, by Ordinance 98-395, City Council approved a
Detmled Plan for 138 9 acres of the aforementioned Planned Development (PD-132) Zoning
District, and
WHEREAS, both Ordinance 98-394 and 98-395 contained a schedule of required
transportation improvements to be executed as the development progressed, and
WHEREAS, on March 27, 2001, The Preserve at Pecan Creek Partners, Ltd submitted a
request to rewse the scope and phasing of those required transportation improvements through an
amendment to the Concept Plan and Detmled Plan, and
WHEREAS, on April 11, 2001, the Planning and Zomng Commission recommended
approval of the amendment, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 Ordinance No 98-394, providing for the approval of an amended Concept
Plan for the Planned Development 132 (PD-132) Zoning District Classfficalaon and Use
Designation, and Ordinance No 98-395, providing for the approval of a Detailed Plan for a
portion of the Planned Development 132 (PD-132) Zoning Dmtnct Classification and Use
Designation, are hereby amended by approving the list of required transportation amendments
attached hereto and incorporated herein by reference as Exhibit A for the entire Planned
Development 132 (PD-132) Zoning District Classfficat~on and Use Designation, subject to the
following condition
The temporary road connection between Pockrus Page Road and Lakevlew Boulevard
will remmn in place until such time that the proposed extension of Edwards Road to
Lakemew Boulevard m completed
SECTION 2 The provisions of this ordinance as they apply to the transportation
requirements herein approved, shall govern and control over any conflicting provisions of
ordmanc,s Nos 98-394 and 98-395, but all the provisions of Ordinance Nos 98-394 and 98-395
as they apply to the regulations of the district not herein amended, shall continue in force and
effect and shall apply to the remamdar of smd district
SECTION 3 A copy of this ordinance shall be attached to Ordinance Nos 98-394 and
98-395 showing the amendment herein approved
SECTION 4 Any person molatlng any provision of tlus ordinance shall, upon
conviction, be fined a sum not exceeding $2,000 00 Each day that a prowslon of thru 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 Chromcle, officml newspaper of the C~ty of Denton,
Texas, within ten (10) days of the date of~ts passag~z-
PASSED AND APPROVED this the f~"- day of ,~Z~/-~ ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
EXHIBIT A
The Preserve
Required Transportation Improvements
Revised 3/22/01
Transportation Improvement, Triggered By
I $1gnabzatlon of Lakevlaw Blvd at IH 35E Frontage Road based upon Warrant Study
Warrant Study Approved by TxDOT shall begin with
the Development
of Tracts A, B, and
G
2 Interim right turn lanes at Lakevlew Blvd and IH 35E Frontage Road Development of
(northbound and westbound) Tract A~ B~ C~ or G
3 Construct Lakevlew Blvd from Shady Shores Road (Old US 77) to northern Development of
boundary of Tract A as a two-lane 26- foot back-tu-back street section, 8- Tract A or G
tach thick concrete or 10-tach thick asphalt
4 Reconstruct Lakevlew Blvd fi.om III 35E Frontage Road to Shady Shores Development of
Road as a 4-lane diwded street, 8-mch thick concrete or 10-tach thick Tract G, or
asphalt Development of
Tracts A~ B~ and G
5 Construct LakeVleW Blvd fi.om the northern boundary of Tract A to the Development of
oreck bisecting Tract G as a two-lane 26-foot back-to-back street, 8-tach Tract G
thick concrete or 10-tach thIck asphalt
6 Construct Lakeview Blvd fi.om the creek b]sectmg Tract G to Edwards Development of
Road as a two-lane 26 foot back-to-back street, 8-tach thick concrete or 10- Tract J, L, N, O, or
tach tinck asphalt P
7 Constnlct Lakewew Blvd from Edwards Road to the northern boundary of Development of
The Preserve as a two-lane 26 foot back-to-back street, 8-mch thick concrete Tract O or P
or 10-mch thick asphalt
7A Construct Lakevlew Blvd to northern most entry to Tract N as a two-lane 26 Development of
foot baek-tu-back street~ 8-mch thick concrete or 10-mch thick asphalt Tract N
8 Complete Lakewew Blvd as a 4-lane &wded road (two 26-foot back-to- I Completmn of
back sections w~th a mmimum 14 foot wide median) fi.om Shady Shores Edwards Road and
Road to Edwards Road, 8-mch concrete or 10-tach asphalt Development of
Tracts H~ I~ and J
9 Disconnect Swmher Road north of Tract B Development of
Tract A~ B~ or G
10 Reconstruct SwIsher Road from Shady Shores Road to the northern Development of
boundary of Tract B as a two-lane rural road section, 6" thick Road width Tract B
shall be 24' unless documentation shows substant,al dlsrnpt~on or potential
destrnctlon of exlstmg tree cover ~s l~kely to occur In this instance, an
~lternate road section to be no less than 20' w,de shall be employed
I 1 W~dan and Improve Shady Shores Road to prowde separate left-turn lane at Development of
mare entrance to Tract C and Old US 77 provldmg a 36 foot wide, 6-tach Tract C
~ck rural sectmn road w~th transItions
12 W,den and unprove Old US 77 for approxanately 500 feet m each dtrectlon Development of
from Lakev~ew Blvd 36 feet wide, 6-tach asphalt or concrete to provide left- Tract C
turn lanes with transmons
13 Paght turn lane (eastbound) on Lakewew Blvd at Old US 77 Development of
Tract C
14 Construct Edwards Road between Swisher Road and Lakeview Blvd as a Development of
36-foot back-to-back s~'eet, 6-tach thick asphalt or concrete, w~th no parking Tract L, N, or O
or drreot driveway access
15 Remove Pock'us Page Road between Swisher Road and Lakeview Blvd and Development of
,provide mternn access by connecting Indian Paint Way to Pockrus Page with Tract D
a 24 foot B-B 2 tach asphalt with 6 mch stabllmed subgrade
15A Remove 2 tach asphalt connection between Indian Paint Way and Pockrns Construction of
Page Road Edwards Road
16 Construct access to Tracts H and I fi.om Lakeview Blvd as a 26-foot back- Development of
to-back, 6-tach thick street, with no on-street parking or d~rect access Tract H or I
(concrete or asphalt)
17 ISlgnahze the intersectIon of Lakeview Blvd and Shady Shores Road (Old Warrant Study
US 77) when warrants are met shall begin with
the Development
of Tract C
18 Construct remaining two-lane, 26 foot back-to-back street, 8 tach thick Development of
concrete or 10 tach thick asphalt from Edwards Road to northern property last Tract among
,line boundary N~ O, or P
Notes
A mmunum of S0 feet ofr~ght-of-way will be dedicated for Lakewew Bird with an addmonal 10-foot right-of-way
reserved on each s~de for future acqulsltlnn and w~denmg An additional 10 foot r~ght-of-way ( 120 feet ultunately)
will be reserved for a distance of 250 feet each side of the following three (3) intersections to accommodate future
turn lanes
Lakeview Blvd and Shady Shores Road
2 Lakeview Blvd and the road to Tracts H and I
3 Lakevlew Blvd and Edwards Road
These Transportation Improvements are based upon development of The Preserve which assumes a general south-to-
north phasing pattern Should the development pattern shift due to external influences, the hst of required
Transportation Improvements shall be revised accordingly
Definition of Tract Development - Platting of any portion of the specified tract
G Lo652\CORR~qew Traffic Char~ 3-22 01 wpd
O~IN~CENO ~001-~0
~ oRD~cE o~ THE CITY O~ DENTON, TE~S ~E~O~ O~O~CE NO 98-
CLASSIFICATION, THE SUBJECT PROPERTY BEING GENERALLY LOCATED ON THE
NORTH SID~ OF SHaY SHORTS RO~, WEST OF SWISHER RO~D ~ ~^ST OF
L~a~VIEW BOU~EV~ IN THE CITY OF DENTON, DENTON COUNTY, TEXAS,
PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY 1N THE MAXIMUM
AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN
EFFECTIVE DATE (Z-01-0006)
WHEREAS, on November 17, 1998, by Ordinance 98-394, the C~ty Council approved an
amended Concept Plan for 427 616 acres located m the Planned Development (PD-132) Zomng
D~stnct, as more particularly described thereto, and
WHEREAS, on April 23, 2001, Goodwm and Marshall Inc submitted a Detailed Plan for
25 9 acres located w~th~n the Planned Development 132 (PD-132) Zomng D~stnct w~th the mtent
to develop 400 apartment umts, and
WHEREAS, on June 27, 2001, the Planning and Zomng Commission recommended
approval ora Detmled Plan for such 25 9 acres, and
WIIEREAS, the C~ty Council finds that the Detailed Plan ~s consistent w~th the approved
amended Concept Plan for PD-132 and ~s m compliance w~th the 1999-2020 Denton
Comprehensive Plan ("The Denton Plan"), NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That Ordinance 98-394 prowdmg for the approval of an amendment to the
Planned Development-132 (PD-132) Zomng D~stnct Classification and Use Designation ~s
hereby amended by approwng the Detailed Plan attached hereto and incorporated hereto by
reference as Exhibit B for 25 9 acres located w~thm PD-132, more particularly described by the
legal description attached hereto and incorporated herem by reference as Exhibit A
SECTION 2 That the prows~ons ofth~s ordinance as they apply to the 25 9 acres shown
m the detmled plan here~n approved, shall govern and control over any confi~ctmg prowsmns of
Ordinance No 98-394, but all the prows~ons of Ordinance No 98-394 as they apply to that
remammg port, on of the &strict not here~n amended, shall continue m force and effect and shall
apply to the remmnder of smd district
SECTION 3 That a copy of this or&nance shall be attached to Ordinance No 98-394
showing the amendment hereto approved
SECTION 4 That any person wolatmg any provls~on of flus ordinance shall, upon
conwctmn, be fined a sum dot exceeding $2,000 00 Each day that a prows~on of tins ordinance
is violated shall constitute a separate and distinct offense
SECTION 5 That this ordinance shall become effective fourteen (14) days fi.om the date
of ars passage, and the City Secretary is hereby directed to cause the caption of th~s ordinance to
be pubhshed twice in the Denton Record Chronicle, officml newspaper of the City of Denton,
Texas, w~tt~n ten (10) days of the date of its passage
PASSEDAND APPROVED thIs the ~fl/~/~ dayof (~ ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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