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1988-166NOTE Amended by Ordinance No 98-394 Note Amended by Ordinance No 89-190 NOTE Amended by Ordinance No 89-101 NO ffWL6?- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING THE SITE PLAN AND CONDITIONS APPLICABLE TO THE 17 1 ACRES OF LAND WITHIN THE PLANNED DEVELOPMENT DISTRICT ESTABLISHED BY ORDINANCE NO 84-180 (PD-88); REPEALING THE SITE PLAN AND CONDITIONS APPLICABLE TO THE 49 41 ACRES OF LAND WITHIN THE PLANNED DEVELOPMENT DISTRICT ESTABLISHED BY ORDINANCE NO 84-181 (PD-89); PROVIDING FOR A CHANGE FROM AGRICULTURAL "A" TO PLANNED DEVELOPMENT "PD" ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 348 ACRES OF LAND AS MORE PARTICULARLY DESCRIBED HEREIN, PROVIDING THAT THE LAND INCLUDED IN PD-88 AND PD-89 AND THE LAND HEREIN REZONED BE INCLUDED IN AND BE A PART OF ONE NEW PLANNED DEVELOPMENT DISTRICT (PD-132), PROVIDING FOR THE APPROVAL OF A NEW CONCEPT PLAN FOR THE 414 9 ACRES OF LAND INCLUDED WITHIN THE NEW DISTRICT, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, by Ordinance No 84-180 and No 84-181, the City council approved planned development districts and site plans for the 17 1 and 49 41 acres of land respectively described therein (PD-88 and PD-89); and WHEREAS, RMB, Inc applied for approval of a change from agricultural "A" to planned development zoning district classification and use designation for 348 acres of land, as more particularly described herein; and WHEREAS, the land described in ordinances No 84-180 and No. 84-181 and the land requested to be rezoned are proposed to be included in and be a part of a single planned development district, and WHEREAS, the applicant is requesting the approval of a new concept plan for the entire 414 9 acres to be included in the new district; and WHEREAS, on September 14, 1988, the Planning and Zoning Commission recommended approval of the request for the change in zoning and the approval of a new concept plan for the expanded district; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS Z-1861/PAGE 1 SECTION I. That Sections II and III of ordinance 84-180 (PD- 88), respectively imposing conditions and providing for approval of a site plan for the planned development district therein created, are repealed SECTION II. That Sections II and III of Ordinance 84-181 (PD-89), respectively imposing conditions and providing for the approval of a site plan for the planned development district therein created, are repealed SECTION III. That the zoning district classification and use designation of the 348 acres of real property described in Exhibit "A", attached hereto and incorporated herein by reference, is hereby 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 IV. That the land previously included in ordinance No 84-180 (PD-88) and No 84-181 (PD-89) and the land herein rezoned, shall hereafter be included in and be a part of one new planned development district containing 414 924 acres of land, as described in Exhibit "C", attached hereto and incorporated herein by reference (Southview, PD-132) SECTION V. That in accordance with article 11 of Appendix B -Zoning of the Code of Ordinances, the concept plan described as Exhibit "B", attached hereto and incorporated herein by reference, is approved for the 414 924 acres of land included in the district SECTION Vi. That the district herein approved shall be subject to the following conditions 1 Information for Detailed Plans All information that was not required to be shown on the concept plan, as otherwise required by article 11 of Appendix B - Zoning of the Code of Ordinances, shall be submitted with any detailed plan for any property within the district 2. Land Uses The permitted land uses for each detailed plan submitted for any tract of land shall be as defined or shown in this ordinance and the approved concept plan The general site plan requirements for tracts designated for general retail, neighborhood service, and community facility uses ("nonresidential uses"), have been waived at the concept plan stage The uses provided for herein for nonresidential tracts Z-1861/PAGE 2 shall be permitted in accordance with the detailed plans approved for those tracts, in accordance with article 11 of Appendix B - Zoning, as amended The detailed plans submitted for the nonresidential tracts shall be subject to the following conditions and restrictions (a) General Retail For any tract designated for general retail (GR) use on the concept plan, the following uses shall be permitted in accordance with the detailed plans approved for those tracts Auto laundry Auto sales and repair (in building) Gasoline service station New auto parts sales stores Antique shop Bakery or confectionery ship (retail) Cafeteria cleaning and pressing small shop and pickup Custom personal service shop Drapery, needlework or weaving shop Florist or garden shop Greenhouse or plant nursery (retail) Handicraft shop Household appliance service and repair Laundry or cleaning (self service) Mimeograph, stationary, or letter shop Mortuary or funeral parlor Offices, professional or administrative Licensed private club Restaurant Retail stores and shops Studio for photographers, musician, artist or health Secondhand store, used furniture or rummage sale (b) Neighborhood Service For any tract designated for neighborhood service (NS) use on the concept plan, the following uses shall be permitted in accordance with the detailed plans approved for those tracts Bakery or confectionery shop retail Cleaning and pressing small shop and pickup custom personal service shop Drapery, needlework or weaving shop Florist or garden shop Z-1861/PAGE 3 Handicraft shop Laundry or cleaning (self service) Offices, professional and administrative Retail stores and shops (4,000 square feet or less) Studio for photographer, musician, artist, or health (c) Community Facility For any tract designated for a community facility (CF) use on the concept plan, the following uses shall be permitted in accordance with the detailed plans approved for those tracts Art gallery or museum Cemetery Church, rectory, or institution of religious or philanthropic nature Public or private school, college, or university Child care facility Hospital, nursing home, or residence home for aged Park, playground, or public community center Public building for governmental use other similar uses approved on detailed plan 3 Park or School Sites Tracts 8 and 13, designated for park or park and school sites on the concept plan, shall each be respectively conveyed to the City, free and clear of all liens or encumbrances, upon approval of the first final plat approved for any tract of land included within the particular phase of development in which the designated park or park and school site is located, as shown in the concept plan So as to provide for a building site on Tract 13, excess soil material excavated during the construction of that portion of Lakeview Boulevard located in the same phase of development as Tract 13, shall be placed upon Tract 13 in the quantities and locations approved by the City Engineer A minimum of three contiguous acres outside the 100-year floodplain shall be provided in Tract 8 prior to conveyance 4 Road Utility District. No road utility district shall be created or utilized to fund any construction of any street located within the planned development district herein defined SECTION VII. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance Z-1861/PAGE 4 No 69-1, as amended, is further amended to show such change in the zoning district classification and use designation for the property described in Section III of this ordinance SECTION VIII. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of L:~~ , 1988 RAY ST HY S, MA R ATTEST JLA-j i1dJ , NIFE WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY Z-1861/PAGE 5 EXHIBIT "A" (1 of 5) LEGAL DESCRIPTION BEING A TRACT OF LAND SITUATED IN THE GIDEON WALKER SURVEY ABSTRACT NO 1330,DENTON COUNTY TEXAS aND BEING A PORTION OF THAT CERTAIN TRACT OF LAND AS DESCRIBED BY DEED TO NEAL J TINNERELLO ,,ND SAM , TI NERELLO AND RECORDED IN DEED VOLUME 488 PAGE 579 COUNTY RECORDS DENTON COUNTY TEXAS >NO BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS COMMENCING AT A 1 2 INCH IRON R); FOUND AT THE SOUTHWEST CORNER OF SAID TINNERELLO TRACT SAID °OINT BEING 14 THE NORTHERLY RIGHT-OF-WA" LINE OF SHADY SHORES ROAD THENCE S 80 14' 06 E ALONG THE SOUTHERLY LINE OF SAID TINNERELLO TRACT ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID SHADY SHORES RCAD AND GENERALLY ALONG A FENCE LINE 349 82 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED CARTER & BURGESS" SET THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT SAID PCINT BEING THE BEGINNING OF M NON TANGENT CJRVE TO THE LEFT THENCE ALONG SAID NON-TANGENT CURVE TO THE LEFT LEAVING THE SOUTHERLY LINE OF SAID TINNERELLO TRACT ALSO THE NORTHERLY RIGHT-OF-WAY LINE OF SAID SHADY SHORES ROAD AND TH: FENCE LINE IN + NORTHEASTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 02' 15 51 A RADIUS OF 897 00 FEET ~N ARC LENGTH OF 35 45 FEET AND A LONG CHORD OF N 15° 46' 26 £ 35 45 FEET TC A 5,8 ITCH IRON °0D 'VITH CAP STAMPED CARTER b BURGESS' SET THENC: N 14' 38' 30 E 573 69 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "CARTER s BURGESS SET AT THE SOUTHERL0 LINE OF M K E T RAILROAD RIGHT-OF-WAY SAID POINT BEING THE BEGINNING c > ON TANG:4T CURVE TO THE RIGHT THENCE ALONG Sm10 +CN-T..NGEIT CJRVE TO THE RIGHT AND ALONG SAID RAILROAD RIGHT-OF-WAY IN A SOUTHEASTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 04° 57' 22" A RADIUS OF 1442 43 FEET AN ARC LENGTH OF 124 92 FE:T AND A LONG CHORD OF S 59° 27' 05" E 124 78 FEET TO A 5/8 INCH IR04 ROD 41TH CAP STAMPED CARTER 6 BURGESS" SET THENCE S 140 38 30 W LEAVING SAID RAILROAD RIGHT-OF-WAY 539 40, FEET TO A 5/8 INCH 120N ROD WITH CAP STAMPED CARTER L BURGESS" SET, THE BEGINNING OF A CURVE TO THE RIGHT THENCE ALONG SAID CURVE TO THE RIGHT IN A SOUTHWESTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 01° 25 05' M dADIUS OF 1017 00 FEET, AN ARC LENGTH OF 25 17 FEET AND A LONG CHORD OF S 15° 21' 02" W. 25 17 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "CARTER b BURGESS' SET IN THE NORTHERLY RIGHT-OF-WAY LINE OF THE AFOREMENTIONED SHADY SHORES ROAD, ALSO THE SOUTHERLY LINE OF THE AFOREMENTIONED TINNERELLO TRACT AND ALSO A FENCE LINE, THENCE N 80' 14' O6" W, ALONG THE NORTHERLY RIGHT-OF-MAY LINE OF SAID SHADY SHORES ROAD ALONG THE SOUTHERLY LINE OF SAID TINNERELLO TRACT AND GENERALLY ALONG A FENCE LINE, 120 83 FEET TO THE POINT OF BEGINNING AND CONTAINING 1619 ACRES OF LAND, MORE OR LESS 2-1861 -1- J 0 A-7623 EXHIBIT "A" (2 of 5) Hiller of rex is L I F T D N u r r s All that certain tract or parcel of land gituntPd in the Cldoon Walker Survey, Abstract Number 1330 and the 'I Durham Survey, Abstract iJamber 330, Denton County, rexas, and being all of a caltFd first and gPcond tracts described to a deed from Georpe M Hopkins to Goorr+e j1 Hopkins, Jr , et al as recorded in Volume 414, page 65, Deed Records Ind all of tract described in a deed from i J Roddy, recorded in Volume 1363, Paee dill, Deed Records and all of a tract described in a deed to Brynm David Sawers and 13arbara Jean Sailers, Volume 1069, pave 393, Ned Records and all of n tract described in a deed to Steven A Higgins, et ux, Volume 1510, page 51, Real Property "ecords and all of a tract described in a deed to Virginia Tee Jowler, Volume 986, page 411, Nod PecoTdg, ind ill of a tract described in a deed to David D Vau It, Volume 0136, pane 927, Died Records and part of a tract described in n deed to Paymond Lee grimes, Volume 1411, page 654, Real Property Records and part of a tract described in a deed to L Fulton, Volume 262, page 424, Deed Records of said Denton County, rexag and being more fully described as follows Beginning at a steel pin near the south line of Pockrus Road where it intersects with Swisher Road and being the southwest corner of said (,eorge Ilopl ins first tract, rhence North 00 de"rees 06 minutes 04 goconds East with the center of Swisher Road and with the west boundary of said tract a distance of 1520 87 feet to a steel pin, thence North 89 degrees 50 minutes 58 seconds Cast along and near a fence a distance of 1655 56 feet to a fence corner, Thence North 00 degrees 41 minuses 35 seconds cast a distance of 320 19 feet to a 20-inch Oak tree, thence North 00 (Ingress 08 minutes 51 seconds West a distance of 1166 92 feet to a steel Pin, 1hance ldnrth 00 degrees 39 minutes 17 seconds West a distance of 1180 29 feet to an "x"-tie for a fence corner, Thence North 99 degrees 29 minutes 03 seconds past a distance of 1261 49 feet to a steel pin, 2-1861 -2- J 0 H-7628 continued EXHIBIT "A" (3 of 5) page 2 thence North 00 degrees 40 minutes 16 seconds Uest a distance of 83 55 feet to an iron pin and the start of a curve to the right whose radius is L440 0 fair, Thence with slid curve a distance of 552 92 feet (Central angle 22 th 10 N degrees 00 minutes or 00 seconds, chord distance 549 53 feet d the end of said i degrees 19 minutes n an 44 seconds East) to an iron p curve, Thence North 7L degrees 19 minuLes 44 seconds list a distance of 598 69 feat to in iron pin, and being on a line of atrnof s shown to 501 the City of Dallas and recorded in Volume 212, p Ae Records, Thence South 70 degrees 46 minutes 39 seconds Elgt with said City of Dallas line a distance of 250 0 feet to a concrete Monument Number P-237-U and on the east line of said Gideon Walker Survey and the west lint of said W Durham Survey, Thence South 24 degrees 35 minutes 32 seconds Cast a distance of 236-W P 1164 14 feet to U - S Army Corps of Engineers Monument Number for i corner, Thence north 79 decrees 33 minutes 36 seconds Cast a distance of 244 92 feet to U S Army Corps of rngineers Monument Number P-235-W for a c orner, Thence South 53 degrees 01 minutes 38 seconds rant a distance of 477 87 feet to U S Corps of engineers Monument Number P-234-W for a corner, thence South 41 de;rees 03 minutes 34 seconds East a distance of 385 97 feet to U S Army Corps of Engineers Monument Number P-233-AW for a corner, Thence South 41 degrees 32 minutes 37 seconds fast a distance of 302 15 feet to U S Army Corps of Engineers Monument Number P-233-W for a corner, rhence Sonth 30 degrees 25 minutes 39 seconds West a distance of 359 62 feet to U S Army Corps of Engineers Monument Number P-232 -W for a corner, Z-1861 -3- }RICENEO JA?! 1 _ ' J 0 1-7628 continued EXHIBIT "A" (4 of 5) pige 3 thence South 51 degrees 09 minutes 25 seconds Jest a distance of 603 09 feet to U S Army Corps of Lngineers Monument Number P-131-14 for i corner, Thence South 73 degrees 32 minutes 36 seconds West a distance of 247'97 feet to U S Army Corps of Engineers Monument Number P-230-W for a corner, Thence South 39 degrees 46 minutes 47 seconds West a distance of 705 89 feet to a fence post for a corner, said point being in the west line of said W Durham Survey and the east side of said Gideon Walker Survey, Vence SouLh 00 decrees 23 minutes 51 seconds last a distance of 765 68 feet thong the said west line of W Durham Survey and the east line of said Gideon Walker Survey to an iron pin, (hence South 00 degrees 09 minutes 42 seconds rnst a distance of 1789 55 feet along the said west line of the I Durham Survey and the east line of said Gideon Walker Survey to an iron pin, said point being the southeast corner of said George M. Hopkins Survey, Thence South 89 degrees 05 minutes 22 seconds West along and near a fence and with the south boundary line of said Geoge M Hopkins Survey a distance of 3550 65 feet to Point of Beginning, containing 301 913 acres z-1861 -4- RECEIKU JAN 1 6 1"S LEGAL DESCRIPTION EXHIBIT "A" (5 of 5) All that tract of land situated in the Gideon Walker Survey, Abstract Number 1330, Denton County, Texas, said tract being that 44 710 acre tract described in a deed to Oak-Scott Five, Ltd as recorded in Volume 1112, Page 448, Deed Records, Denton County, Texas, said tract being more particularly described as follows BEGINNING at the northeast corner of said 44 710 acre tract, being a point in Page Road, THENCE S 02° 08' 53 W, 2168 42 feet to a point in the northerly right-of-way line of the M K b T Railroad, THENCE N 45° 40' 33' W, 276 93 feet along said northerly right-of-way line to the beginning of a curve to the left, THENCE 767 02 feet along the arc of said curve to the left and along said right-of-way line, through a central angle of 28° 28' 59 , whose radius is 1542 93 feet, the long chord of which bears N 59° 55' 02 5 W, 759 15 feet, THENCE N 74° 09' 32" W, 215 79 feet along said right-of-way line to a point, THENCE N 02° 26' 18 E, 1586 69 feet to a point in said Page Road, THENCE S 87° 16' 20 E, 1077 59 feet to the POINT OF BEGINNING and containing 44 710 acres of land -5- EXHIBIT "C" (8 of 9) J O 087 0020 B2 continued page 8 Thence North 82 degrees 52 minutes 52 seconds East, along the north line of said Orimes tract, and the aforementioned US Army Corps of Engineers Monument, a distance of 0 98 feet to a US Army Corps of Engineers Monument P 238 W, Thence South 68 degrees 04 minutes 16 seconds East a distance of 30920 feet to the Point of Beginning and containing 416 902 acres of land --J \ 1 EXHIBIT "C" (9 of 9) J O u87 0020 132 continued page 9 87 0020 B3 Carter and Burgess 08 June 1987 • • LESS AND EXCEPT THE FOLLOWING DESCRIBED TRACT " All that certain tract or parcel of land situated in the Gideon Walker Survey, Abstract Number 1330, Denton County, Texas, said tract being shown by deed recorded in Volume 1636, Page 840, Real Property Records of Denton County, Texas, and being more fully described as follows Beginning for the southeast corner of the tract being described herein and being the southeast corner of said Volume 1636, Page 840, Real Property Records Thence North 87 degrees 04 minutes 54 seconds West a distance of 225 51 feet to the southwest corner of said Volume 1636, Page 840, Real Property Records Thence North 02 degrees 24 minutes 40 seconds East a distance of 386 75 feet to the northwest corner of said Volume 1636, Page 840 Real Property Records Thence South 84 degrees 47 minutes 20 seconds East a distance of 225 59 feet to the northeast corner of said Volume 1636, Page 840 Real Property Records, Thence South 02 degrees 23 minutes 02 seconds West a distance of 377 72 feet to the Point of Beginning and containing 1978 acres of land, and leaving an area of 414 924 acres of land I} NO ' d AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE APPROVAL OF A FIRST AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT DISTRICT NO 132, AS THE DISTRICT APPLIES TO THE 414 ACRES OF LAND DESCRIBED IN ORDINANCE NO. 88-166; APPROVING A DETAILED PLAN FOR 184 2 ACRES OF THE DISTRICT, AS MORE PARTICULARLY DESCRIBED HEREIN, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000 00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, by Ordinance No 88-166, the City Council approved a planned development district (PD-132) for 414 acres of land, as more particularly described therein, and, WHEREAS, RMB Realty, Inc has applied for approval of an amended concept plan for the District and approval of a detailed plan for 184 2 acres of the District; and, WHEREAS, on June 21, after a public hearing, the Planning and zoning commission recommended approval of the requested amendment and detailed plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That Ordinance No 88-166, providing for approval of a planned development district and concept plan for 414 acres of land as described therein (PD-132), is amended by the approval of a First Amended Concept Plan, attached hereto as Exhibit "B", and incorporated herein by reference SC=911 ii. That Exhibit "DP-1", attached hereto and incorporated herein by reference, is approved as the detailed plan for 184 2 acres of land located within District, as more particularly described therein, so that hereafter the land therein included shall be constructed, used, and maintained in accordance with the approved detailed plan SECTION III. That a copy of this ordinance shall be attached to Ordinance No 88-166, showing the amendment herein made and the detailed plan approved SECTION IV. That any person violating any provision of this ordinance, including any provision of the detailed plan herein adopted, shall, upon conviction, be fined a sum not exceeding $2000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION V. - That this ordinance shall become effective fourtdsh (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, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the 1544 day of 0, 1999 RAY "HEN RI, MAYOR ATTEST: J N' ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY ` N .n.✓~/ Z-89-001/Page 2 EXHIBIT "B" FIRST AMENDED CONCEPT PLAN FOR SOUTHVIEW, CONSISTING OF 1 Conceptual Site Plan (1 page), 2 Development Standards (4 pages), 3 Summary of Zoning Restrictions (1 page), 4 Phasing Schedules (23 pages), and 5 Utility Exhibit (1 page) ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DEVELOPMENT SCHEDULE FOR PLANNED DEVELOPMENT DISTRICT NO 132 (SOUTHVIEW) AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, by Ordinance No 88-166, the City Council approved a planned development district for 414 9 acres of land (PD-132, Southview), and WHEREAS, by Ordinance No 89-101, the City Council approved a first amended concept plan for the District and a detailed plan for a portion of the District, and WHEREAS, RMB Realty has applied for a revised schedule of development for the District, and WHEREAS, the Planning and Zoning Commission has recommended approval of the requested extension, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the "Development Phasing Schedules" (2 pages) of the "Phasing Schedules" of Exhibit "B" ("First Amended Concept Plan for Southview") and Exhibit "DP-1" ("Detailed Plan for Southview, Tracts 10, 14, 16, 17 and 18"), as adopted by Ordinance No 89-101, are amended by the adoption of a new "Development Phasing Schedule", attached hereto and incorporated herein as Exhibit "PS-1" (1 page) SECTION II That the City Secretary is hereby directed to attach a copy of this ordinance to Ordinance No 88-166, showing the amendment herein made SECTION III, That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 0*j" j&- , 1989 #4 1 WENS, YOR RAY S ffb Page 1 ATTEST JENNIFER WALTERS, CITY SECRETARY BY P APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY ID 4APo~ ord\p 32 Page 2 PHASE TRACTS IA 10, 14, 16, 17, $ 18 IA 11, 12, $ 15 IB 6 - 9 II 1 - 5 EXHIBIT 'PS-1' DEVELOPMENT PHASING SCHEDULE NET % OF SITE PLAN ACREAGE PROJECT SUBMITTAL/REVIEW 184 2 49% March 1989 14 0 4% 36 5 9% 124 9 33% 359 6 acres July 1995 March 1992 March 1994 CONST START Nov '90 Jan '98 July '93 July '95 2560] EXHIBIT "B" CONCEPT PLAN FOR SOUTHVIEW, CONSISTING OF 1 Conceptual Site Plan (1 page), 2 Development Standards (4 pages), 3 Summary of Zoning Restrictions (6 pages), 4 Phasing Schedules (23 pages), and 5 Utility Exhibit (1 page) Z-1861 J J • N M _ v a o rr - a nM n v`.. rw ELINMARV Jw ~»v J W r M1MI » - N .P reb ?om.w w O aP10 [ R IICRW 1 P60 p .a _ J\ I I l , r a "C Ip ~ a . 11 r I, R w II ~ ~ g G n M Ww IM u[ l RV I A CONCEPT PLAN FOR 90UTHVIEW PLANNED DEVELOPMENT CENTON TEXAS l I ~ ~ .-AN oWMwAP v NN wi Ni N• w RMw R•AL M. gwR • wgi•P Nq PW Mq MAPPN Rii F B PM~N A*W C " 101 MAIN FTwi• •w. P P NIX EE q qMM 4 11^ ROOT Wqw X •u P T. N X. T• t .IN .IN 00 NvJ l B fi u • .1 L DEVELOPMENT STANDARDS CONCEPT PLAN 8-26-88 1 statement of intent of owner Soathview Planned Development PD is a proposed mixed use development with ~ormuer~ial residential and open space land uses The development concept is in response to the physical relationship of the site to Lake Lewisville compatibility and diversity of land uses providing commi.nkty housing employment and commercial activity, balance of Trans urcauvu + - viding improved watgr 6 sanitary sewer systems, and maintaining open space greenbe cs as well as providing park 6 school facilities for the region 2 Statement Indicating Relation to Denton Development Guide Souchview Planned Development (PD) proposes a reduction in density from the previously approved Southview PD The intention is a quality develooment for Denton in accordance with the De ton Develo ment Guide 3 Total Number of Acres in Proposed District 414 9 acres a Lana Uses and 1ota1 Number of Acres in Each Parcel or Tract a Single Family Detached b Single Family Attached (townhouses, cluster, etc 1 c Attached Patio/Garden/Zero Lot Line d Duplex e Multi-Family f Office 9 Neighoochood Service h central Retail i commercial Light industrial k Heavy Industrial 1 Other (specify) Park School/Park Community Facilities Major ROW Collector ROW Total Total Proposed Acreace 302 8 10 6 16 0 6 0 12 0 18 0 10 0 3 0 24 6 11 9 414 9 At Page 2 5 off-Site Information - adjacent or surrounding land uses, zoning, streets, drainage facilitiesv and other existing or proposed improvements (Shown on concept or detailed plan.) 6 Traffic and Transportation - indicate existing and proposed streets, parking lots, loading areas, access points. (Shown on concept oaa " plan ) Projected Traffic Generation. (Based on traffic study, if required ) Refer to traffic stud report 7 Buildings a Approximate location. (Shown on concept or detailed plan ) b maximum height Shown in Summa on Concept-Plan c Minimum setbacks (Shown on concept or detailed plan ) Shown on Summary of Zoning Restrictions d maximum gross floor area (square feet) for nonresidential Shown in Summary on Concept Plan a Residential Subdivision a Number of units per acre (density) Shown in Summary on Concept Plan b Number and location of lots (Shown on concept or detailed plan ) To be shown in detail plan c Minimum size, width and depth of lots: (Shown on concept or detailed plan ) Shown in P D Zoning Restriction Summary d. Minimum front, side and rear yard setbacks (Shown on concept or detailed plan ) Shown in P D Zoning Restriction Summary Development Standards Page 3 9 Water and Drainage - approximate location of all existing or proposed creeks, ponds, lakes, floodplains, other wa utility ntion or major drainage facilities and improvements (Shown on plan ) la utilities - location of all major sewer, water or electrical lines and facilities (Shown on concept oacxieoo14" plan ) 11 Location of trees 30 in diameter - six (6) feet from ground level (Shown on concept or)*eci*00" plan ) Tree masses are shown on the concept plan Detail cree location is requested to be waived until detail plan review and approval process 12 open Space - location and size of greenbelts, parks, common and recreational areas (Shown on concept omodeoecoad plan ) The locations of major parks and greenbelts are indicated on the concept plan Further detail will be shown at the time of preliminary platting and detail plan review and approval 13 Screening - location, type and size of all fences, berms or screening features (Shown on concept ooodeoeijtmd plan ) Not applicable at this time It is requested that detail screen design be waived until detail plan review and approval It 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 See attachment for Development Schedule ADDITIONAL REQUIREMENTS FOR A DETAILED PLAN 15. Landscaping Plan - major features and types of landscaping to be used. Not applicable at this time It is requested that detail landscape architectural design be made a requirement of the detail plan review and approval process Development Standards Page 1 16 Signs - show location, type and size on detailed plan, otherwise, signs must conform to Article 17 of the Zoning Ordinance Not applicable at this time Any on-premise signs not in conformance with Article 17 will be described on detailed site plan as to location, size and type 17 Sidewalks (Shown on detailed plan.) Not applicable at this time It is requested that sidewalk locations be waived until detail site plan review le All information required for preliminary plat in accordance with Appendix A (Denton Development Code) of the Code of Ordinances (A separate plat is required.) 19. Development Schedule (detailed plan) - indicating start and completion of construction and the rate of development All dates should indicate month and year. See attached schedule AddAtional schedule information will be submitted in conjunction with detail plan and preliminary Rlat approval ab 3/87 O N ID v e 0 I ~ o O f e O g s s i a a a Z~ Y ~ g D D s a °a « a 1n rs e r ~ ~ G ~y 1 a T I-hl S O ry P Y e e p e e 139 a S ~ 1 Z > A s A } P + a e ~ s w Iz. N N u w i > o s o 0 0 D i p O ~ y y X11 p s s g ~ ~ e e In. L^ e : « b y J yl T 41 r > D O O O T ~O N D M x ~ v O T N O g x z C) g ~ a p N N N N x $ T f ~ fa A _ O ~~rII 90 9p OOA 0 0 c e ~ ~ G m 0 N N a « + C a T R 4) w e a « Fi L+ ~i ~ a e P « « S9 O v N V N b N e p N Y V ~ ~ O w N n (D N CD a O W OD M W V 12i, • JI ' I~ ~ O I • N I c cc W N TM J m .N O'S L 125' PARCEL 18 SF-10 BUFFER ZONE RMB REALTY SCALE N T 8 I c ~ ! + e~ I s< 6 Q 1+4 k • I s d ~ fnr I n k''f Mk k The r 30, 30 Buffer Zone IJ fa EGINET RR nANN RS lublyms \r w\caw syw I NOT warp, nw mm wtn ns .u i\RIWO lf. r• O b v (A W a w J L U O J l 125' I Im JI I~ m O I• I t9 N Im 3 O m C N W H N J V O J 125' J , J ml m o O W O M N 125' PARCEL 1S SF-10 LOT LAYOUT RMB REALTY Z~]INCIMURR & BNUS 5 4irois SCALE N T 8 IM MK awT i f l w TK nW »w u1Ta ult wlwn••1m 3 0 0 a v f1D W W Q co J V 0 J • •ii7~• SF= 10 TYPICAL LOT LINE LAYOUT MILLER of TEXAS CARTER & BURGESS,INC SCALE:. N T S ® ENGINEERS • PLANNERS iiawe 8""Tl•o w nn." w rau•mn . I go T b r ,fy V • I' ~ W' W Ir F' d1 J V ~ O m J O r • I PA I.a. 3''1idFi 4v i~ II{ K bN Mpp 1 L LI wv SF-7 TYPICAL LOT LINE LAYOUT MILLER of TEXAS SCALE N T 8 L Z CARTER & BURGESS,INC. ENGINEERS • PLANNERS lusraa ITIPe »ninw ?"llNM11f EW[RI I D' R a s a N PATIO HOME CLUSTER LAYOUT MILLER of TEXAS GARTER & SURGESS,ING SCALE N TO ENGINEERS • PLANNERS 10'R llft smpvro w nnm w ft nwnlls SOUTHVIEW ADDITION SUBMITTAL/REVIEW SCHEDULE 8-26-88 Submittal to the City of Denton for Consideration by Planning b Zoning Commission and City Council Transportation Improvements Plan P D District Detail Concept Plan Utility/Drainage Improvements Plan Phase IA - Detail Plan/ Preliminary Plat Phase IB - Detail Plan/ Preliminary Plat Phase II - Detail Plan/ Preliminary Plat March 1989 March 1989 March 1989 March 1989 January 1991 January 1993 C&B No F187008001 SOUTHVIEW ADDITION DEVELOPMENT PHASING SCHEDULE (8-26-88) % of Site Plan Development Phase Acreage Tracts Project Submittal/Review Start IA 164 7 11 thru 14 6 43 March 1989 July 1989 16 thru 18 IB 89 1 6 thru 10 & 23 March 1992 July 1992 15 II 124 9 1 thru 5 34 March 1994 July 1994 378 7 Acres C3B No F187008001 ROAD PHASING SCHEDULE o PHASE IA TRACTS - 11, 12, 13, 14, 16, 17 (see Figures S and 6) - Build Lakeview Blvd as a two-lane roadway from I H 35E to Meadowlark - Provide siqnalization at Lakeview and I H 35E Southbound Service Rd Lakeview and I H 35E Northbound Service Rd Lakeview and Shady Shores NOTE A connection between the Southview Development and Meadowlark Road, just south of Tract 14, will not be made until Meadowlark is improved to a driveable standard. FIGURE 5 Developmental Phasing Phase IA V%O Southview Development LEGEND* ❑ Phase IA Other Phases I._L 7.J IY ]60 Z r ~ ELAOO LAKE LEWISVILLE SHADY SHORES Developmental Phase I A Improvements e PHASE IB TRACTS - 6, 71 S, 9, 10, 15 (see Figures 7 and S) Build Lakeview Boulevard as a four-lane, divided roadway from I H 35E to the northern boundary of Tracts 5 and 7 NOTE Colorado will be built as a minimum of two lanes from Lakeview Boulevard to Tract 7 FIGURE 7 Developmental Phasing Phase IB Southview Development LEGEND Phase IB Other Phases Y )SO Acib- t 3 SLAGG LAKE LEWISVILLE Improvement SMApy 9MGNFS Developmental Phase 1 B Improvements • PHASE II TRACTS - 1, 2, 3, 4, 5 (see Figures 9 and 10) - Extend Lakeview Boulevard as a four-lane, divided roadway from Tract 5 and 7 to Pecan Creek - Build Meadowlark as a four-lane, divided roadway from Lakeview Boulevard to I H 35E - Construct right-turn lanes at Lakeview and Meadowlark, westbound to northbound Lakeview and I H 35E Northbound Service Road, southeestbound to northwestbound - Construct left-turn lanes at Lakeview and I H 35E Southbound Service Road, southeastbound to northeastbound - Widen I H 35E overpass at Lakeview Boulevard to 5 lanes FIGURE g Developmental Phasing P%VOB Phase II Southvlew Development LEGEND' ❑ Phase II Other Phases dck~ Y DBO / z a SLAGG n~ FIGURE 10 Developmental Phase II Improvements o Build the bridge over Pecan Creek • PHASE IIIA TRACTS - 32, 33, 34, 35, 36, 37, 38, 39, 40, 41 (see Figures 11 and 12) - Extend and widen Lakeview to six-lanes from I H 35E to the northern end of Tract 33 - Provide signalization at Lakeview and Colorado - Construct right-turn lanes at Lakeview and McKinney, eastbound to southbound Lakeview and I H 35E Northbound Service Road, northwestbound to northeastbound - Construct left-turn lanes at Lakeview and McKinney, northbound to westbound - Widen I H 35E overpass at Lakeview Boulevard to 7 lanes NOTE McKinney Street (F M 426) is assumed to be built to the designated thoroughfare standard of four lanes, divided NOTE Signalization and widening to a five lane section of Meadowlark Road at I H 35E is assumed Nwr ''O aLAC FIGURE 1 Developmental Phasing Phase IIIA Lakeview Development 0, pan Egg 36 38 LEGEND ❑ Phase IIIA Other Phases LAKE LEWISVILLE LEGE1 O Phase 111 A Improvements o PHASE IIIB TRACTS - 27, 28, 29, 30, 31 (see Figures 13 and 14) - Extend Lakeview Boulevard from Tract 33 to Tract 22 as a six-lane, divided roadway - Construct right-turn lanes at Loop 288 Bypass and I H 35E Northbound Service Rd, southbound to northwest- bound Loop 288 Bypass and I H 35E Southbound Service Rd, northbound to southeast- bound I, H`Nr BBC BLAOO MILLS PECAN CREEK FIGURE 13 Developmental Phasing Phase IIIB Lakeview Development COOPER , CREEK 32 36 38 40 LEGEND ❑ Phase IIIB Other Phases Y 360 Q Improvements i 8 9LAOp e Build the bridge over Cooper Creek e PHASE IVA TRACTS - 11 2, 3, 4, 5, 6, 7, 8, 9, 11, 18, 19, 20, 21, 22, 23 (see Figures 15 and 16) - Extend Lakeview as a six-lane, divided roadway from Tract 22 to U S 380 - Provide signalization at Mayhill and Blagg Mayhill and Mills Lakeview and Blagg Lakeview and Mills Lakeview and F M 426 - Construct right-turn lanes at Lakeview and U S 380, eastbound to southbound Lakeview and McKinney, southbound to westbound Lakeview and Colorado, eastbound to southbound Lakeview and Meadowlark, westbound to northbound Lakeview and Shady Shores, southbound to westbound - Construct left-turn lanes at Lakeview and U S 380, westbound to southbound Lakeview and McKinney, eastbound to northbound Lakeview and Colorado, eastbound to northbound Lakeview and Meadowlark, southbound to eastbound NOTEi McKinney Street and Mayhill Road are assumed to be built to their designated thoroughfare standards NOTE$ Mills Road and Blaqq Road are assumed to be driveable Future study may be required if they are not in an acceptable state for motor vehicle use 0.4 _ 1A\41516 81 9 BLAOo 28 31 33 37 PBCAN CRBBK FIGURE 15 Developmental Phasing Phase IVA Lakeview Development 23 CooPeR , CREEK 36 38 0 1 LEGEND ❑ Phase IVA Other Phases Y H LAKE LEWISVILLE -)i~n Improvement *'AM 84COES FIGURE 16 Developmental Phase IV A Improvements o PHASE IVB TRACTS - 12, 13, 14, 15, 16, 17, 24, 25, 26 and all remaining tracts (see Figures 17 and 18) - Construct right-turn lanes at *Mayhill and McKinney, northbound to eastbound, southbound to westbound Loop 288 and I H 35E Northbound Service Rd, northwastbound to northeastbound - Construct left-turn lane at *Mayhill and McKinney, westbound to southbound NOTE If the bridge across I H 35E is not widened, then additional studies should be submitted prior to advancing in the sequencing scheme NOTE If Loop 288 Bypass is not built, there would not be any major impact on the transportation system caused by the Southview and Lakeview developments * Prior to the development of each tract of land, a detailed plan, meeting the requirements of Article 11 of Appendix B- Zoning of the code of ordinances, shall be submitted for City Council approval, after recommendation is made thereon by the Planning and Zoning Commission Concurrent with the submission of the first such detailed plan, a Transportation Improvement Plan addressing these specific traffic improvements necessary to serve this entire phase of development, without altering the improvements associated with Lakeview Boulevard, shall also be submitted and approved ,A%4 .4 3.0 ELA00 14 11,23 25 26 31 MoKhyNe 39 PECAK CREEK sommosmse FIGURE 17 Developmental Phasing • Phase IVS VON Lakeview Development COOPER CREEK 32 36 38 40 41 LEGEND* ❑ Phase rvB Other Phases LE Sao FIGURE 18 Developmental Phase IV B Improvements d~' ~ s _ w.. ~ ° LNG F Q \ ^d N~ \^H f i~I p~ y~ c a 1' ~ b 1 I 2~ o l W\II~PLL1SH1t IM IMIIM1 X IVIP D Y ~ vi5.4 k rwM" , v ,s ~f maw ~µk e r UTILITY .XNMT .OII SOUTHVI@w PL.Nxa D.VRppM.NT OvNTDM~ I.XY Z ~ w.nu M ewNw. e . w~u.Ywv MxNNw. wM •.wa.N w<. YO M.ON .TM. w.. wP NM Nf. pwn NMNVII XX, Mw .M. wN WPIIfX HMM H,Y w GLI a TL'(. i 1.1T ..iN 1 y~ EXHIBIT "C" (1 of 9) 87 0020 B2 Cuter & Burgess 08 June 1987 Southvlew Planned Development FIELD NOTFS All that certain tract or parcel of Pind situated in and being part of the Gideon Walker Survey, Abstract Number 1330 and the William Durhvn Survey Abstract Number 330 Denton County Texas and being more fully described as follows Beginning at i US Army Corps of Engineers Monument P 237 W, said monument being on the east line of said Gideon Walker Survey and the west line of svd William Durhvn Survey ind the northeast corner of a tract of land shown by deed to RMB Land Company Ltd and recorded in Volume 1851 Page 928, Real Property Records and the north corner of a tract of Find shown by deed to RMB Land Company, Ltd and recorded in Volume 1820 Page 261 of the Real Property Records Denton County, Texis 7 hence South 21 degrees 53 minutes 14 seconds East along the northernmost a ist line of said RMB tract (Volume 1820 Page 261) and a western line of said Garza Little Elm Reservoir a distance of 1164 14 feet to a US Army Corps of Engineers Monumwnt P 236 W, Thence North 82 degrees 15 minutes 54 seconds Eist along the southern north line of said RMB tract (Volume 1820 Page 261) and a western line of said Garza Little Elm Reservoir, a disvince of 24492 feet to a US Army Corps of Engineers Monument P 235 W, Thence South 50 degrees 19 minutes 20 seconds East, along the east line of said RM13 tiact (Volume 1820 Page 261) and a west line of said Garza Little Elm Reservoir a distance of 477 87 feet to a US Army Corps of Engineers Monument P 234 W, Thence South 38 degrees 21 minutes 16 seconds East along the east line of said RM13 tract (Volume 1820, Page 261) and a west line of siid Garza Little Elm Reservoir a distance of 385 97 feet to a US Army Corps of Engineers Monument P 233 AW Thence South 38 degrees 50 minutes 19 seconds East a distance of 302 15 feet to a US Army Corps of Engineers Monument P 233 W d /8E / EXHIBIT "C" (2 of 9) J O #87 0020 B2 continued page 2 Thence South 33 degrees 07 minutes 57 seconds West along the east line of said RMB tract (Volume 1820 Page 261), and a west line of slid Garza Little Elm Reservoir a distance of 359 62 feet to a U S Army Corps of Engineers Monument P 232 W, Thence South 53 degrees 51 minutes 43 seconds West along the east line of said RMB tract (Volume 1820 Page 261) and a west line of said Garza Little Elm Reservoir, a distance of 681 09 feet to a U S Army Corps of Engineers Monument P 231 W Thence South 26 degrees 14 minutes 54 seconds West along the east line of slid RMB tract (Volume 1820 Page 261) and a west line of said Garza Little Elm Reservoir, a distance of 247 87 feet to a US Army Corps of Engineers Monument Number P 230 Wsaid monument also being the southeast corner of said RMB trict and a point in the north line of Hidden Valley Airpark Association Inc and recorded in Volume 551 Page 415 of the Denton County Deed Records Thence North 87 degrees 30 minutes 55 seconds West along the south line of siid RMB tract (Volume 1820, Page 261) and the north line of said Hidden Valley tract a distance of 715 38 feet to an iron pin, said pin being in the west line of said W Durham Survey and the east line of said Gideon Walker Survey said pin also being the southwest corner of said RMB tract (Volume 1820 Page 261) the northwest corner of said Hidden Valley tract, and a point in the east line of a tract shown by deed to RMB Land Company, Ltd and recorded in Volume 1900, Page 50 of the Denton County Real Property Records, Thence South 01 degree 35 minutes 48 seconds West, along the east line of said RMB tract (Volume 1900, Page 50), and the west line of said Hidden Valley the west line of said W Durham Survey and the east line of said Gideon Walker Survey, a distance of 765 76 feet to an iron pin, said pin being the southeast corner of slid RMB tract and the northernmost northeast corner of a tract shown by deed to RMB Land Company, Ltd and recorded in Volume 1791, Page 117 of the Denton County Real Property Records EXHIBIT "C" (3 of 9) J O #87 0020 B2 continued page 3 Thence South 02 degrees 33 minutes 36 seconds West along the east line of said RMB tract (Volume 1791, Page 117), and the west line of said Hidden Valley tract, and along the west line of said W Durham Survey and the east line of said Gideon Walker Survey passing at 1737 40 feet a found iron pin for the northwest corner of a tract shown by deed to RMB Land Company, Ltd and recorded in Volume 1814 Page 365, continuing along said course, a total distance of 1788 55 feet to an iron pin, said iron pin also being the southeast corner of said RMB tract, (Volume 1791, Page 117) Thence North 88 degrees 12 minutes 20 seconds West along the south line of said RMB tract (Volume 1791, Page 117), passing at 2 27 feet the northeast corner of Chaparral Estates (unrecorded), continuing along said course and the north line of said Chaparral Estates, along and near a fence part of the way in all a total distance of 2676 26 feet to an ell corner said ell corner also being the northeast corner of a tract shown by deed to John Powell Walker as recorded in Volume 1685 Page 689 of the Real Property Records of Denton County Texas, and in a north south public road, Thence South 02 degrees 57 minutes 33 seconds West, along said road, the east line of said Walker tract, and the west line of said Chaparral Estates, a distance of 1070 37 feet to an angle point Thence South 01 degrees 27 minutes 09 seconds West, along said road and the east line of said Walker tract, a distance of 1150 19 feet to an ell corner said corner also being the northern southeast corner of said Walker tract Thence North 86 degrees 41 minutes 58 seconds West, along the northern south line of said Walker tract, a distance of 205 16 feet to an ell corner, Thence South 00 degrees 05 minutes 06 seconds East, along the cistern west line of said Walker tract, a distance of 422 57 feet to an ell corner on the north right of way line of Shady Shores Road, EXHIBIT "C" (4 of 9) J O #87 0020 B2 continued page 4 Thence North 86 degrees 31 minutes 21 seconds West, along the south line of said Walker tract, and the north right of way line of said Shady Shores Road a distance of 587 37 feet to a point in the east right of way line of the M K & T Railroad, said point also being a point on a curve to the left having a radius of 2387 22 feet, a central angle of 14 degrees 44 minutes 04 seconds, and a chord bearing and distance of North 38 degrees 32 minutes 30 seconds West, 612 22 feet Thence in a northwesterly direction, along said curve to the left the southern line of said Walker tract, and the northeastern right of way of said M K & T Railroad an arc length of 613 91 feet to end of said curve Thence North 45 degrees 54 minutes 32 seconds West along the southern line of said Walker tract, and the northeastern right of way line of said MK & T Railroad a distance of 27693 feet to a point of curvature of a tangent curve to the left having a radius of 1542 93 feet, a central angle of 12 degrees 17 minutes 39 seconds, and a chord bearing and distance of North 52 degrees 03 minutes 22 seconds West 330 44 feet, Thence in a northwesterly direction, along said curve to the left the southern line of said Walker tract, and the northeastern line of said MK & T Railroad, an arc length of 331 07 feet to an angle point, Thence South 14 degrees 38 minutes 30 seconds West crossing said railroad, a distance of 64449 feet to a point of curvature of a tangent curve to the right having a radius of 101700 feet, a central angle of 01 degrees 25 minutes 05 seconds, and a chord bearing and distance of South 15 degrees 21 minutes 02 seconds West, 25 17 feet, Thence in a southwesterly direction, along said curve to the right an arc length of 25 17 feet to a point in the north right of way line of said Shady Shores Road, Thence North 80 degrees 14 minutes 06 seconds West with the north right of way of Shady Shores Road a distance of 120 83 feet EXHIBIT "C" (5 of 9) J O #87 0020 B2 continued page 5 Thence in a northeasterly direction, along a curve to the left, an arc distance of 35 45 feet, radius of 897 0 feet, central angle of 02 degrees 15 minutes 51 seconds to the end of said curve, chord bearing and distance of North 15 degrees 46 minutes 26 seconds East 35 45 feet Thence North 14 degrees 38 minutes 30 seconds East, crossing said railroad, a distance of 676 31 feet to a point on the northeastern right of way line of said M.K & T Railroad and the southern line of said Walker tract said point also being a point on curve of a tangent curve to the left, having a radius of 1542 93 feet a central angle of l l degrees 34 minutes 39 seconds, and a chord bearing and distance of North 68 degrees 36 minutes 12 seconds West, 311 24 feet, Thence in a northwesterly direction, along said curve to the left, the northeastern right of way line of said MK & T Railroad, and the southern line of said Walker tract, an arc distance of 311 77 feet to a found iron pin for the point of tangency of said curve, Thence North 74 degrees 23 minutes 31 seconds West, a distance of 215 79 feet to the southwest corner of said Walker tract, Thence North 02 degrees 12 minutes 19 seconds East along the west line of said Walker tract, a distance of 1586 69 feet to a found iron pin for the northwest corner of said Walker tract, Thence South 87 degrees 30 minutes 19 seconds East, along the north line of said Walker tract, a distance of 1077 59 feet to an angle point, Thence South 88 degrees 23 minutes 13 seconds East, along the north line of said Walker tract, a distance of 310 85 feet to an ell corner, said corner also being in the center of Swisher Road, and the west line of said RMB tract (Volume 1791 Page 117), Thence North 02 degrees 48 minutes 22 seconds East, with the center of Swisher Road and the west line of said RMB tract (Volume 1791, Page 117) a distance of 1504 82 feet to a iron pin, said pin also being the westernmost northwest corner of said RMB tract EXHIBIT "C" (6 of 9) J O #87 0020 B2 continued page 6 Thence North 02 degrees 48 minutes 22 seconds East with the center of Swisher Road and the west line of said RMB tract (Volume 1791 Page 117) a distance of 1504 82 feet to a iron pin, said pin also being the westernmost northwest corner of said RMB tract, Thence South 87 degrees 26 minutes 44 seconds East, along and near a fence and the southern north line of said RMB tract (Volume 1791, Page 117), passing the southwest corner of a tract shown by deed to L F Powell and recorded in Volume 853 Page 114 of the Denton County Deed Records continuing along said course, in all a total distance of 1655 56 feet to a fence corner, said fence corner also being an ell corner of said RMB tract, and the southeast corner of said Powell tract, Thence North 03 degrees 23 minutes 53 seconds East along the northernmost west line of said RMB tract (Volume 1791, Page 117) and the east line of said Powell tract, a distance of 320 18 feet to a 20 inch Post Oak tree said tree also being the northernmost northwest corner of said RMB tract (Volume 1791 Page 117), and the southwest corner of a tract shown by deed to RMB Land Company, Ltd as recorded in Volume 1811, Page 546 of the Denton County Real Property Records, Thence North 02 degrees 33 minutes 27 seconds East along the west line of said RMB tract (Volume 1811, Page 546) and the east line of said Powell tract a distance of 116692 feet to a iron pin, said pin also being the northwest corner of said RMB tract, the northeast corner of said Powell tract the southwest corner of a tract shown by deed to Virgina Lee Vaughn Fowler and recorded in Volume 1636 Page 840, of the Real Property Records, and the southeast corner of a tract shown by deed to MR Jacobs and LS Willard and recorded in Volume 1310 Page 110 of the Denton County Real Property Records, Thence North 02 degrees 28 minutes 41 seconds East along the west line of said Fowler tract and the east line of said Jacobs & Willard tract a distance of 373 85 feet to a fence corner post said fence corner post also being the northwest corner of said Fowler tract, the northeast corner of said Jacobs & Willard tract the southeast corner of Green Tree Estates as recorded in Volume 6 Page 30 of the Denton County Plat Records, and the northern southwest corner of a tract shown by deed to RMB Land Company, Ltd as recorded in Volume 1876 Page 190 of the Denton County Real Property Records, s~ EXHIBIT "C" (7 of 9) J O #87 0020 B2 continued page 7 Thence North 01 degree 59 minutes 53 seconds East, along the west line of said RMB tract (Volume 1876, Page 190) the east line of said Green Tree Estates, the same being the east right of way line of Ash Lane, passing its northeast corner, the same being the southeast corner of a tract shown by deed to George Stanton conveyed on 01 March 1974, continuing along said course passing said Stanton s northeast corner the same being the southeast corner of a tract shown by deed to Robert W Beene, conveyed on 20 March 1969, continuing along said course, a total distance of 806 45 feet to an x tie for fence corner, said x tie also being the northeast corner of said Beene tract, the northwest corner of said RMB tract, and in the south line of a tract shown by deed to Raymond Lee Grimes as recorded in Volume 1411, Page 654 of the Denton County Real Property Records Thence South 87 degrees 48 minutes 39 seconds East along the north line of said RMB tract (Volume 1876 Page 190) passing its northeast corner, the same being the northwest corner of RMB tract (Volume 1876 Page 190), and along the south line of said Grimes tract, a distance of 1201 48 feet to a point in the west right of way line of said proposed road, said point also being North 87 degrees 48 minutes 39 seconds West, 6000 feet from the southeast corner of the remainder of said Grimes tract, the same being the southwest corner of said RMB tract (Volume 1851, Page 928) Thence North 02 degrees 02 minutes 02 seconds East, 60 feet westerly of and parallel with the west line of said RMB tract (Volume 1851 Page 928), the same being the east line of the remainder of said Grimes tract, and along the west right-of-way line of said proposed road, a distance of 83 39 feet to a point of curvature of a tangent curve to the right having a radius of 150000 feet, a central angle of 22 degrees 00 minutes 00 seconds, and a chord bearing and distance of North 13 degrees 02 minutes 02 seconds East 572 43 feet Thence in a northeasterly direction, along said curve to the right, an arc length of 575 96 feet to the point of tangency of said curve Thence North 24 degrees 02 minutes 02 seconds East along the west line of said proposed road, to a point in the north line of said Grimes tract the same being a line between US Army Corps of Engineers Monuments P 239 W and P-238 W a distance of 696 01 feet, CH IGL VOL I SHAFEDDE2 GLWwO m YWN ..e 8121"11 ON.. C MPH-O ORDINANCE NO J 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 THE 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 MAX12" 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 Council approved a change in zoning for 414 9 acres of land to Planned Development 132 (PD 132) Zoning District, as more particularly described therein, 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 detailed plan for 217 3 acres of land, as more particularly described therein, and WHEREAS, on March 11, 1998, Mathew Goodwin, on behalf of Marc Footlic, applied to amend the approved concept plan for Planned Development (132) zoning district and provide for a detailed plan for 138 992 acres therein, and WHEREAS, on September 9, 1998, the Planning and Zoning Commission unanimously recommended approval of the rezoning of 15 088 acres from an Agricultural (A) zoning district to Planned Development 132 (PD 132) and a concept plan for the expanded zoning district, and WHEREAS, on November 7, 1998, in the previous public hearing to this one, the City Council approved the rezoning of 15 088 acres from an Agricultural (A) zoning district to Planned Development 132 (PD 132) zoning district, and WHEREAS, the City Council finds that the proposed concept plan will be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Ordinance 88-166, providing approval for the rezoning of 414 9 acres to Planned Development 132 (PD 132) zoning district and the original concept plan for said district, and Ordinance 89-101, providing approval for an amendment to a portion of the original concept plan and for a detailed plan covering 184 2 acres within PD 132 zoning district, are amended by the approval of a new concept plan (The Preserve) attached hereto as Exhibit B and incorporated herem by reference, and more particularly described in 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 \CII LGLVOLiV4lWtEplpe%WMU O MmWOW m 98Y 99 Oil Odwu Ca0PI J Prior to the issuance of any building permits for lots on Tracts C H I J K, L, M, O, and P, as identified on the concept plan, adequate transportation infrastructure in accordance with the approved Traffic Impact Analysis (TIA) shall be constructed 2 If a revision to the City of Denton's Long Range Thoroughfare Plan requires a change in the alignment of the spine road and the configuration of adjacent tracts, the maximum number of units/lots within each effected tract shall be allowed to increase or decrease accordingly, while the cumulative total for all effected tracts shall be no greater than originally permitted by the concept plan SECTION II That the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance 88-166 and Ordinance 89-101 as they apply to the 427 616 acres of land described in Exhibit A, but all provisions of Ordinance 88-166 and Ordinance 89-101 as they apply to the remaining portion of PD 132 zoning district not herein amended, shall continue in full force and effect That the City s official zoning map is amended to show the change in zoning district classification SECTION VI That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION V 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 published twice in the Denton Record-Chromcle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the /Oday of 1998 JAC LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY L PAGE 2 cx LGLWOLI SHgRE~BMGLQW O m Ww d u 9M 98411 O w m c M Mmn APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY e fly' CL PAGE 3 EXHIBIT A (PAGE 1 OF 3) LEGAL DESCRIPTION BEING a 427 616 acre tract of land in the G Walker Survey Abstract No 1330 and the W Durham Survey Abstract No 330 situated in the City of Denton Denton County Texas and the Extra-territorial Jurisdiction of Denton County Texas said tract being conveyed to Tara Land 1 Ltd by deed recorded in Denton County Clerk S File No 97-R0057731 BEGINNING at a point found at the intersection of the North right-of-way line of the M K 6 T Railroad (100 ROW) and the East line of a tract conveyed to Patrick 0 0 Brien and J Steven Rogers by deed recorded in Volume 934 Page 146 of the Deed Records of Denton County Texas (HENCE NOD 14 05 W along the East line of said 0 Brien/Rogers tract 1586 69 feet to a point said 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 1077 93 feet to a point THENCE N89 38 38 E along the South right-of-way line of said Pockrus-Page Road 296 73 feet to a point THENCE NOD 13 50 E along the East line of Swisher Road (50 ROW) 1511 72 feet to a point on the South line of a tract of land conveyed to Joy Powell by deed recorded in Volume 1695 Page 921 of the Deed Records of Denton County Texas THENCE N89 53 06 E 580 36 feet to a point THENCE N89 51 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 File No 93-80053971 THENCE NOD 34 14 E 320 09 feet to a point THENCE NOS 54 11 W 34 17 feet to a point THENCE NOD It 49 W 331 30 feet to a point THENCE NOD 02 46 W 346 64 feet to a point found for the Northeast corner of a tract of land conveyed to Johnny and Lynda McCormick by deed recorded in Volume 3238 Page 587 of the Deed Records of Denton County Texas THENCE S89 48 51 W along the North line of said McCormick tract 1632 50 feet to a point THENCE S85 08 53 W 4 99 feet to a point found for the Northwest corner of a tract conveyed to Johnny and Lynda McCormick by deed recorded in Volume 198 Page 906 of the Deed Records of Denton County Texas said point also being on the East right-of-way line of said Swisher Road THENCE N00 57 09 E along the East right-of-way line of Said Swisher Road 283 10 feet to a point document said point by recorded in being Denton County a Clerk corner s File No tract 96R30681-21d1 t of L the a Deed e Records o of Denton County Texas THENCE N68 21 03 E 271 89 feet to a point THENCE N85 11 52 E 526 69 feet to a point THENCE N89 51 18 E 150 03 feet to a point THENCE N89 51 52 E 704 84 feet to a point said point being found for the Southeast corner of a tract of land conveyed to Milton Robert Jacobs and Lynn S Willard by deeds recorded in Volume 1310 Page 110 and Volume 1330 Page 327 of the Deed Records of Denton County Texas THENCE NOD 02 46 W 31 62 feet to a point THENCE NOD 08 14 W 374 26 feet to a point THENCE N01 21 16 W 271 72 feet to a point THENCE NOD 23 18 W 534 87 feet to a point found for the Northeast corner of a tract conveyed to Robert and Carol Beene by deed recorded in volume 1001 Page 927 of the Deed Records of Denton County Texas THENCE N89 30 46 E 1261 21 feet to a point found for the Southeast corner of a tract conveyed to Raymond and Judith Grimes by deed recorded in Volume 1411 Page 654 of the Deed Records of Denton County Texas EXHIBIT A (PAGE 2 OF 3) THENCE N00'40 32 W 83 57 feet to a point said point being the Point of Curvature of a non-tan ant circular curve to the right having a radius of 1140 00 feet a central angle of 27 53 58 a chord bearing of NSO 20 00 E and a chord length of 549 64 THENCE along said curve to the right 555 it feet to a point THENCE N21'20 59 E 698 84 feet to a point an the Southern line of a Corps of Engineers (COE) tract THENCE S70 46 08 E 249 98 feet to a point THENCE S24 35 32 E 3163 69 feet to a point THENCE N79 32 26 E 244 71 feet to a point THENCE S53 03 40 E 477 60 feet to a point THENCE S41 05 07 E 385 93 feet to a point THENCE S41 34 28 E 302 08 feet to a point THENCE S30 30 21 W 360 72 feet to a point THENCE S51 07 36 W 680 01 feet to a point THENCE S23 31 04 W 247 93 feet to a point found for the Northwest corner of a tract conveyed to Hidden Valley Association by deeds recorded in Volume 556 Page 6603 and Volume 551 Page 416 of the Deed Records of Denton County Texas THENCE S89 44 52 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 West line of said Hidden Valley tract 766 06 feet to a point THENCE S00 01 56 W along the West line of said Hidden Valley tract 711 82 feet to a point found for the Northwest corner of Hidden Valley Estates a subdivision to the City of Denton Denton County Texas as recorded in Cabinet D Slide 377 of the Plat Records of Denton County Texas THENCE SOO'21 40 E along the West line of said Hidden Valley Estates 776 91 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 348 of the Deed Records of Denton County Texas THENCE S00 21 10 W along the west line of said Turner tract 248 16 feet to a point 1 73 feet to toTHENCEJamesSOOand12Beve41 by deedirecofound rded inrVolumeo2275asPager5 ofothe DeedtRecordsed of Denton County Texas THENCE S8$ 53 22 W 354 12 feet to a point THENCE S89 53 53 W 340 50 feet to a point THENCE S89 21 36 W 989 42 feet to a point THENCE S88 39 39 W 989 28 feet to a point THENCE S00 32 50 W. 1088 92 feet to a point THENCE S00 53 03 E 1070 15 feet to a point found for the Northeast corner of Shiloh Cemetery an addition to the City of Denton Denton County Texas recorded in Cabinet J Slide 43 of the Plat Records of Denton County Texas THENCE N89 07 07 W along the North line of said Shiloh Cemetery 202 03 feet to a point for the Northeast corner of said Shiloh Cemetery THENCE SOS 11 02 W 79 97 feet to a point THENCE S02 30 56 E along the West 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 ROW) EXHIBIT A (PAGE 3 OF 3) THENCE N88 56 31 W along the North right-of-way line of said Shady Shores Road 586 31 feet to a point found for the intersection of the North right-of-way line of said Shady Shores Road and the North right-of-way line of MK&T Railroad (100 ROW) said point also tieing the Point of Curvature for a non-tangent circular curve to the left having a radius of 2387 22 feet a central angle of 14 47 55 a chord bearing of N39 39 26 W and a chord length of 614 87feet THENCE along said curve to the left and the North right-of-way line of said Railroad 616 58 feet to a point THENCE N48 19 16 W along the North right-of-way line of said Railroad right-df-way 277 07 feet to a point found for the Point of Curvature of a circular curve to the left having a radius of 1542 71 feet a central angle of 28 29 14 a chord hearing of N62 33 45 W and a chord length of 759 15 feet THENCE along said curve to the left and the North right-of-way line of said Railroad right-of-way 767 03 feet to a point THENCE N75 48 29 w along the North right-of-way line of said Railroad right-of-way 213 89 feet to the POINT OF BEGINNING and containing 18 526 936 square feet or 427 616 acres of land ZF= I A v O c c R u! v av p~ 0 ~nr II ll,u , m i[i~! IA IIEIY~ YT m EXHIBIT B (PAGE I OF 2) av'~ ESIDENTIAL, I RESIDENTIAL 0 O / RESIDENTIAL~ RESIDENTIAL RESIDENTIAL u © I ~ m R AIL f I / ..n.rwn..v A rA• I ^ I , / > V 11 ' O I RESIDENTIAL RUS)ENTIAL I SARKD / O = I I I RE 1 L - - - 0 ESIDHNTYA / • .~.N. I e ~w.w. err r r r m r u~r 0 r orris lea mr i,r rur Av w ua r rw.~ nor rw.. CONCEPT PLAN ° THE PRESERVE ski DENTON, TEXAS i' EXHIBIT B (PAGE 2 OF 2) Im N ly a~ s N •a a m a 1~ m J O m 8 0 5= : Ida a t t ~ m ~a~l I I ~ 14 m m ACr o ~ s ~ l ~ a F I RESIDENTIAL LOT REQUIREMENTS THE PRESERVE DENTON. TEXAS 1 1~ r r .W. ~ T I ~ ' a w ~s as 41 ~ r d `2 a isa as. r ~ s^ n ! i ~ 4 4 rl raw at rn. w TMi ..IM6 ~5¢ d N 56, a yas5ff 1 If f, 4 50 . r, IUD k 4 y1~~C~gs 9S i >i ra.r ui asd w s ~i, +F i f { i i i i ~ f { 1 i i