1986-1451515L
NO Rl!L4~'
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS,
AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF
THE CITY OF DENTON, TEXAS, BY ORDINANCE NO 69-1, AS AMENDED, AND
AS SAID MAP APPLIES TO 164 31 ACRES OF LAND LOCATED AT THE SOUTH-
WEST CORNER OF BRUSH CREEK ROAD AND U S HIGHWAY 77, AS IS MORE
PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR A CHANGE IN ZONING
CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND
USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFI-
CATION AND USE DESIGNATION, PROVIDING FOR APPROVAL OF A CONCEPT
PLAN FOR SAID DISTRICT, PROVIDING FOR A PENALTY IN A MAXIMUM
AMOUNT OF $1,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I
That the zoning classification and use designation of 164 31
acres of real property described in Exhibit "A", attached hereto
and incorporated herein by reference, is hereby changed from
Agricultural "A" District Classification and Use designation to
Planned Development "PD" District Classification and Use designa-
tion under the comprehensive zoning ordinance of the City of
Denton, Texas
SECTION II
That the "development concept" site plan, attached hereto as
Exhibits "B" and "B-111, and the "Planned Development Design State-
ment", attached hereto as Exhibit "C", both being incorporated
herein by reference, are approved and adopted as the concept plan
for the district in accordance with article 11 of Appendix
B-Zoning of the Code of Ordinances of the City of Denton, Texas
SECTION III
That the district herein approved shall be subject to the
following conditions, restrictions, and limitations
1 The permitted land uses in Parcel B, as shown on the concept
plan, shall be those uses permitted by Article 7 H ("Retail and
Service Type Uses") of the Schedule of Uses of Appendix B-Zoning
of the Code of Ordinances, and the following additional uses
(a) amusement, commercial (indoor),
(b) theater (other than drive-in),
(c) gasoline service station,
(d) new auto parts sales stores,
(e) roller or ice skating rink, and
(f) auto laundry
2 The fences along the eastern boundaries of Parcels B, D, E,
and F must be erected prior to issuance of building permits in
each respective parcel The fence along the southern boundary of
Parcel C must be erected prior to the issuance of building permits
for that parcel The remaining fence and/or landscaping for
Parcels B, C, D, E, and F must be erected or completed prior to
the issuance of certificates of occupancy or utility connections
for the respective parcels
3 All residential areas, Parcels D, E, F, G, and H shall have
underground electric service
4 There shall be shown on the final plat and detailed plan
for Phase I of the district a sixty foot dedicated right-of-way
for Brush Creek Road, the dedicated strip to be measured from the
centerline of the existing street to the district property and
shall extend along the entire portion of said road that abuts the
district
5 The floodway located at the north boundary of Parcels B, C,
and 11 shall remain in a completely natural form from U S Highway
377 to the east boundary of this request
SECTION IV
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 No 69-1, as amended, is
hereby amended to show such change in District Classification and
Use subject to the above conditions and specifications
SECTION V
That the City Council of the City of Denton, Texas, hereby
finds that such change is in accordance with a comprehensive plan
for the purpose of promoting the general welfare of the City of
Denton, Texas, and with reasonable consideration, among other
things for the character of the district and for its peculiar
Z-1791/PAGE 2
suitability for particular uses, and with a view to conserving the
value of the buildings, protecting human lives, and encouraging
the most appropriate uses of land for the maximum benefit to the
City of Denton, Texas, and its citizens
SECTION VI
Any person who shall violate a provision of this ordinance, or
fails to comply therewith or with any of the requirements thereof,
or of a permit or certificate issued thereunder, shall be guilty
of a misdemeanor punishable by a fine not exceeding One Thousand
Dollars ($1,000 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 VII
That this ordnance shall become effective fourteen (14) days
from the date of its passage, and the City Secretary is hereby
directed to cause the caption of this ordinance to be published
twice in the Denton Record-Chronicle, the official newspaper of
the City of Denton, Texas, within ten (10) days of the date of its
passage
PASSED AND APPROVED this the s~ day of 1986
RAY ST NS, MAYOR
CITY 0 DENTON, TEXAS
ATTEST
CH eME ALL ENT-, 'CITY SECRbTA Y
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
10 Z-1791/PAGE 3
EXHIBIT "A"
All that certain tract or parcel of land situated in the H Haggood
Survey, Abstract Number 517, the W Hudson Survey, Abstract Number
586, and the George W Daughtery Survey, Abstract Number 351, Denton
County, Texas and being all of a tract shown by deed to Joe W Rhodes,
recorded in Volume 639, page 486, Deed Records, and being all of a
tract shown by deed to Herbert E Wyss, recorded in Volume 1042, page
834, Deed Records, and being all of a tract of land shown by deed to
Ewell Burkhalter, et al, recorded in Volume 886, page 602, Deed
Records of said county and being more fully described as follows
Beginning at the intersection of the east right-of-way line of U S
Highway 377 and the north line of said Haggood Survey, the same being
the south line of the B B B & C R R Co Survey, Abstract Number 160,
said point also being in Brush Creek Road,
Thence North 89 degrees 41 minutes 40 seconds East, along the north
line of said Haggood and Daugherty Surveys and the south line of said
B B B & C R R Co Survey and the James Severe Survey, Abstract
Number 1164, a distance of 1137 02 feet,
Thence South 00 degrees 18 minutes 20 seconds Last, along the west
line of Block 1 of Woodcreek Addition, recorded in Cabinet E, page
214, Plat Records of said county, a distance of 100 00 feet to a steel
pin for corner,
Thence South 47 degrees 54 minutes 55 seconds East with a southwest
line of said Woodcreek Additon a distance of 389 97 feet to a steel
pin for corner,
Thence South 80 degrees 57 minutes 59 seconds East with a southwest
line of said Woodcreek Addition a distance of 120 00 feet to a steel
pin for corner,
Thence South 58 degrees 16 minutes 27 seconds East with a southwest
line of said Woodcreek Addition a distance of 523 35 feet to a steel
pin at the southeast corner of said addition, said steel pin being on
the east line of said G W. Daughtery Survey and in the west line of
the F Daugherty Survey, Abstract Number 348,
Thence South 00 degrees 33 minutes 13 seconds West, along the east
line of said G W Daugherty Survey and the west line of said F
Daugherty Survey, a distance of 145.00 feet to a point for corner,
Thence North 89 degrees 15 minutes 26 seconds West, with a fence, a
distance of 163 84 feet to a point for corner,
Thence South 00 degrees 51 minutes 55 seconds East, with a fence, a
distance of 394 53 feet to a point for corner,
Thence South 02 degrees 59 minutes 17 seconds West, with a fence, a
distance of 919.66 feet to a point for the easternmost southeast
corner of the herein described tract, said point also being the
southeast corner of said Wyss tract,
Thence North 89 degrees 38 minutes 13 seconds West, with a fence, a
distance of 1452 93 feet to a point for an 'L' corner of the herein
described tract,
Thence South 00 degrees 13 minutes 18 seconds West with a fence, a
distance of 1032 26 feet to the southeast corner of the herein
described tract, said point also being the southeast corner of said
Burkhalter tract,
Z-1791
EXHIBIT "A" (CON'T)
Thence South 79 degrees 08 minutes 04 seconds 'lest, with a fence, a
distance of 1852 03 feet to a point for the southerly most corner of
the herein described tract,
Thence North 50 degrees 07 minutes 44 seconds West, with a fence, a
distance of 399 90 feet to a point for the southwest corner of the
herein described tract, said point being in the east right-of-way line
of said U S Highway 377,
Thence North 27 degrees 28 minutes 00 seconds East, with a fence and
along said right-of-way line, a distance of 309 74 feet to a point for
corner,
Thence North 79 degrees 01 minutes 16 seconds East, with a fence, a
distance of 246 69 feet to a point for corner,
Thence North 25 degrees 18 minutes 56 seconds East, with a fence, a
distance of 488 75 feet to a point for corner,
Thence South 76 degrees 08 minutes 10 seconds West, with a fence, a
distance of 232 86 feet to a point for corner in the east right-of-way
line of said U S Highway 377,
Thence North 27 degrees 28 minutes 00 seconds East, along said right-
of-way line, a distance of 2128 68 feet to a point for corner,
Thence North 33 degrees 09 minutes 14 seconds East, continuing along
said right-of-way line, a distance of 301 15 feet to a point for
corner,
Thence North 27 degrees 37 minutes 11 seconds East, continuing along
said right-of-way line, a distance of 294 39 feet to a point for
corner,
Thence North 58 degrees 35 minutes 38 seconds East, continuing along
said right-of-way line, a distance of 156 33 feet to a point for
corner in the south right-of-way line of said Brush Creek Road,
Thence North 26 degrees 24 minutes 22 seconds East, a distance of
33 43 feet to the Point of Beginning and containing 164 314 acres of
land
Z-1791
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EXHIBIT "C"
PD-7723
PLANNED DEVELOPMENT DESIGN STATEMENT
1
Statement of Intent
A To develop a multi-use community with commercial, private
school, single family attached and detached units as
permitted by each appropriate zoning district
B Development and marketing to coincide with established and
future market demand Construction to be accomplished by
phasing
2
Relation to Comprehensive Plan
The proposed district is in a low intensity zone according to the
City of Denton Development Guide This development has been
designed to meet the intent of the Development Guide
3
4
Acreage
Parcel
A -
7
80
acres
Parcel
B
- 17
28
acres
Parcel
C
- 2
36
acres
Parcel
D -
10
48
acres
Parcel
E
- 11
21
acres
Parcel
F -
18
82
acres
Parcel
G -
35
60
acres
Parcel
li -
60
76
acres
Acreage
-
164
31
acres
Land Uses
A Existing land use - agricultural, pasture - 164 31 acres
B Proposed land use
Parcel A - open space - 7 80 acres
Parcel B - general retail - 17 28 acres
Parcel C - private school - 2 36 acres
Parcel D - single family attached - 10 48 acres
Parcel E - multi-family - 11 21 acres
Parcel F - single family attached units - 18 82 acres
Parcel G - single family, SF-10 - 35 60 acres
Parcel H - single family, SF-16 - 60 76 acres
5
Off-Site Information
As shown on the Concept Plan
Z-1791
EXHIBIT "C" (CON'T)
6 Traffic and Transportation
As shown on the Concept Plan
A Projected amount of traffic
Parcel A - -0- V T D
Parcel B - 11,232 V T D
Parcel C - 1,534 V T D
Parcel D - 1,048 V T D
Parcel E - 2,242 V T D
Parcel F - 1,882 V T D
Parcel G - 255 V T D
Parcel H - 122 V T D
Total - 18,315 V T D
B Parking requirements as permitted by ordinance
Note Rear access by 20-foot private access easement for all
residential uses permitted
7 Buildings
A. Approximate location As shown
on the Concept Plan
B Maximum
height
Parcel
A
- -0-
Parcel
B
- 60-foot,
three-story
Parcel
C
- 45-foot,
two-story
Parcel
D
- 45-foot,
two-story
Parcel
E
- 45-foot,
two-story
Parcel
F
- 45-foot,
two-story
Parcel
G
- 45-foot,
two-story
Parcel
11
- 45-foot,
two-story
C. Minimum
building setbacks
Parcel
A
- 00 feet
Parcel E - 25 feet
Parcel
B
- 30 feet
Parcel F - 25 feet
Parcel
C
- 30 feet
Parcel G - 25 feet
Parcel D - 25 feet
D Maximum total gross floor area
(non-residential)
Parcel B - 376,358 S F
Parcel C - 51,401 S F
E. Number of dwelling units and units per acre
Parcel D - 117 dwelling units - 11 20 d u /acre
Parcel E - 200 dwelling units - 17.80 d u /acre
Parcel F - 218 dwelling units - 11 60 d u /acre
Parcel G - 102 dwelling units - 2 87 d u /acre
Parcel H - 122 dwelling units - 2 01 d u /acre
Z-1791
EXHIBIT "C" (CON'T)
8 Residential Subdivisions
A Number and location of lots as shown on the Concept Plan
Parcel G - 102 lots
Parcel H - 122 lots
B Minimum size, width, and depth of lots
Parcel G - 10,000 S F , 70-foot width, 120-foot depth
Parcel H - 16,000 S F , 100-foot width, 120-foot depth
C Minimum front, side and rear yard setbacks
Front Side Rear
Parcel G 30 feet 109 of lot 15 feet
width per side
Parcel H 35 feet 107 of lot 15 feet
width per side
9. Water and Drainage
As shown on Concept Plan
10 Utilities
As shown on Detailed Plan
11. Trees
As shown on Concept Plan. There are tree masses located on the
property with Oaks 3 inches in diameter or greater A majority
can be saved with the land uses proposed
12. Open Space
As shown
on Concept Plan on Concept Plan
Parcel
A
- 100.009
open
space,
future Loop 288
Parcel
B
- 10.007
open
space,
private
Parcel
C
- 10.009
open
space,
private
Parcel
D
- 10.007
open
space,
private
Parcel
E
- 10 007
open
space,
private
Parcel
F
- 10.007
open
space,
private
13 Screening
As shown on the Concept Plan
Z-1791
14
EXHIBIT "C" (
Development Schedule
A Lstimated start of construction
B. Estimated phasing as shown on
market demand
Phase I 1987-1992
Parcel H
Phase II 1988-1993
Parcels A, B, C, D, E, & F
Phase III 1989-1994
Parcel G
Z-1791
'T)
1987
Concept Plan according to
Site Plan, June 1987
Site Plan, June 1988
iled Site Plan, June 1989