1991-001rneyo
ORDINANCE NO 'I%-00/
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM AGRICULTURAL (A) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 14 198 ACRES OF LAND LOCATED
AT THE SOUTHWEST CORNER OF U S HIGHWAY 77 AND RINEY ROAD, PROVID-
ING FOR APPROVAL OF A CONCEPT PLAN FOR THE DISTRICT, PROVIDING FOR
A PENALTY IN THE MAXIMUM AMOUNT OF $2,000, AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, COTI Joint Venture has applied for a change in zoning
for 14 198 acres of land from agricultural (A) to planned develop-
ment (PD) zoning district classification and use designation and
for approval of a concept plan for the district and
WHEREAS, on November 28, 1990, the Planning and Zoning Commis-
sion recommended approval of the requested change in zoning, and
WHEREAS, the City Council finds that the change in zoning and
approval of the concept plan will be in compliance with the Denton
Development Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the zoning district classification and use
designation of the 14 198 acres of land described in Exhibit A,
attached to and incorporated into this ordinance by reference, is
changed from agricultural (A) to planned development (PD) zoning
district classification and use designation under the comprehensive
zoning ordinance of the City of Denton, Texas
SECTION II That Exhibit B, attached to and incorporated into
this ordinance by reference, is approved as the Concept Plan for
the district in accordance with article 11 of Appendix B-Zoning of
the Code of Ordinances
SECTION III That the district shall be subject to the follow-
ing conditions
1 The hike and bike trails shall be dedicated to the public
on the final plat of the property
2 Parking spaces shall be shown on the detailed plan No
certificate of occupancy shall be issued for any use unless
sufficient parking is provided for that use in accordance
with the parking requirement of article 15 of Appendix B-
Zoning
All multi-family buildings shall have automatic fire
sprinkler systems for fire protection
If that portion of Riney Road between Highway 77 and
the new portion of Riney Road to be constructed through
the district is abandoned by the City prior to the
issuance of a certificate of occupancy for any budding
in the district, then the pavement along that portion
of the abandoned road shall be excavated and disposed
of at a location approved by the City prior to the
issuance of any certificate of occupancy
SECTION IV That the City's official zoning map is amended to
show the change in the zoning district classification
SECTION V Any person who shall violate a provision of this
ordinance, or fails to comply therewith or with any of the require-
ments thereof, or of a permit or certificate issued thereunder,
shall be guilty of a misdemeanor punishable by a fine not exceeding
Two Thousand Dollars ($2,000 00) Each such person shall be deemed
guilty of a separate offense for each and every day or portion
thereof during which any violation of this ordinance is committed,
or continued, and upon conviction of any such violations such
person shall be punished within the limits above
SECTION VI That this ordinance shall become effective immedi-
ately upon its passage and approval
Q~ ~C J
PASSED AND APPROVED this the day of , 1991
BOB CASTLEBERRY, MA
ATTEST
JENNIFER WALTERS, CITY SECRETARY 1~t
BY w
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY
EXHIBIT A
All that certain tract or parcel of land situated in the J S Collard Survey, A-297
in the City of Denton, Denton County, Texas, and being all of the called 13 935
acre tract described in the deed from Jeff M Neely, Jr , etal to garworth Corporation
recorded in Volume 934, Page 297, Deed Records, Denton County Texas, said tract
being more particularly described as follows
BEGINNING for the southwest corner of the tract being described herein, at the South-
west corner of the Barworth tract, an iron rod set in the apparent South line of the
said Collard Survey and being in Riney Road,
THENCE North 02° 55' 54" East with the occupied West line of the Barworth Tract and
along a fence a distance of 857 07 feet to an iron rod found in the monunented Southerly
Right-of4Way of U S Highway No 77 for the recognized Northwest corner of the said
tract,
THENCE South 55° 57' 37" East with the North line of the said Barworth tract and the
southerly Right-of-Way of U S Highway 77, 30 feet fron,and parallel to the center-
line thereof, a distance of 1685 56 feet to an iron rod set at its intersection
with the South line of the Collard Survey for the Southeast corner of the said
Barworth tract;
THENCE North 86° 31' 16" West with the South line of the said tract and the Collard
Survey and along the middle of Riney Road a distance of 1443 23 feet to the PLACE
OF BEGINNING and enclosing 14 198 acres of land
EXHIBIT B
Concept Plan Consists of
Site Plan (1 page)
Development Standards (4 pages)
Permitted Uses (1 page)
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DEVELOPMENT STANDARDS
CONCEPT PLAN
106008~
1 statement of Intent of Owner
our intention is to attempt to zone the property which will allow us to
develop a mixed-use project consisting of very low density multi-family, along
with a small amount of general retail development to provide services to this area
of Denton
2 Statement Indicating Relation to Denton Development Guide
Is in compliance with the Denton Development Plan
3 Total Number of Acres in Proposed District ,
14 198 acres
4 Land Uses and Total Number of Acres in Each Parcel or Tract
Total Proposed Acreage
a Single Family Detached
b Single Family Attached (townhouses, cluster, etc )
c Attached Patio/Garden/Zero Lot Line
d D4plex
e multi-Family 10 4 acres
f Office
g Neighborhood Service
h General Retail 3 0 acres
1 Commercial
3 Light Industrial
k Heavy Industrial
1 Other (specify) Right-of-way Dedication 798 acre
Development Standards
Page 2
5 off-Site Information - adjacent or surrounding land uses, zoning, streets,
drainage facilities, and other existing or proposed improvements
(Shown on concept or detailed plan ) See attached plat
6 Traffic and Transportation - indicate existing and proposed streets, parking lots,
loading areas, access points (Shown on concept or detailed plan )
See attached plat
Projected Traffic Generation (Based on traffic study, if required )
124 units x 10 a 1,240 3 acres retail x 650 a 1,950 trips
7 Buildings
a Approximate location (Shown on concept or detailed plan )
b Maximum height
2 story
c Minimum setbacks (Shown on concept or detailed plan )
25 feet
d Maximum gross floor area (square feet) for nonresidential
10,000 square feet per acre
8 Residential Subdivision
a Number of units per acre (density)
11 9 units per acre
b Number and location of lots (Shown on concept or detailed plan )
See attached plat
c Minimum size, width and depth of lots (Shown on concept or detailed plan )
See attached plat
d minimum front, side and rear yard setbacks (Shown on concept or detailed plan )
25 feet front
15 feet side yard
feet rear yard
Development Standards
Page 3
9 water and Drainage - approximate location of all existing or proposed creeks,
ponds, lakes, floodplains, other water retention or major drainage facilities
and improvements (Shown on concept or detailed plan )
See attached plat
10 Utilities - location of all major sewer, water or electrical lines and facilities
(Shown on concept or detailed plan ) See attached plat
11 Location of trees V in diameter - six (6) feet from ground level
(Shown on concept or detailed plan )
No trees are currently on the site
12 Open Space - location and size of greenbelts, parks, common and recreational areas
(Shown on concept or detailed plan )
Sep attached Plat Note the hike and bike trail
13 Screening - location, type and size of all fences, berms or screening features
(shown on concept or detailed plan )
See attached Plat -
14 Development schedule (concept plan) - showing specific date detailed plan will
be submitted, date to start construction and complete construction, and rate of
development. All dates should indicate month and year
Due to the uncertainty of the market conditions, we feel that we would need
a period of approximately 10 years to completely build out this development
Therefore, December, 2000
ADDITIONAL REQUIREMENTS FOR A DETAILED PLAN
15 Landscaping Plan - major features and types of landscaping to be used
A combination of green trees and shrubery alona with around rnver including
flowers A hike and bike trail will also be incorporated into the property
Development Standards
Page 4
16 Signs - show location, type and size on detailed plan, otherwise, signs must
conform to Article 17 of the Zoning Ordinance
_ There will be no unusual sienaae and will certainly conform to Article 17
of the City of Denton Zoning Ordinances
17 Sidewalks (Shown on detailed plan )
See attached plat
18 All information required for preliminary plat in accordance with Appendix A
(Denton Development Code) of the Code of Ordinances
(A separate plat is required )
Will be included with detailed plan
19 Development Schedule (detailed plan) - indicating start and completion of
construction and the rate of development All dates should indicate month
and year
Will be included with detailed plan
ab
3/87
General'' Retail - Permitted Uses
Audio/Video Store
Convenience Store
Card Shop
Book Store
Jewelry Store
Bakery
office Supply Store
Instant Printing
Florist or Garden Shop
Electronics Store
Bicycle Shop
Runner's Store
Restaurant - Sit Down
Restaurant - Drive Through
Clothing Store
Cafeteria
Auto Parts Store (No Repair)
Antique Shop
Pawn Shop
Ice Cream/Yogurt Store
Handicraft Shop
Retail Clothing Store
Donut Shop
Sporting Goods Store
Hardware Store
Gift Shop
Barber and Beauty Shop
Camera Shop
Drug Store
Hobby and Art Supply Store
Optical Shop
Other Types of Permitted Uses
Laundry/Dry Cleaners
Business School
Professional/Administrative Offices
Medical Offices
Financial Institution
Day Care Center
Health Studio
Low Intensity Technology and Assembly
Safe Deposit Boxes