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2010-270FILE REFERENCE FORM 2010-270 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILES Date Initials Amended b Ordinance No. 20 10-3 15 12/07/10 )R s:\legal\our documents\ordinances\10\pda10-0001 gardens of denton.docx ORDINANCE NO. 20 1 0-270 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCES 86- 173 AND 98-324 TO AMEND THE BOUNDARIES, CONCEPT PLAN AND CONDITIONS ASSOCIATED WITH ROUGHLY 235.65 ACRES OF LAND DESIGNATED AS PLANNED DEVELOPMENT 120 (PD-120), LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF LOOP 288 AND F.M. 2164/N. LOCUST STREET, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; DEFINING THE APPLICABILITY OF OBSOLETE ZONING USE STANDARDS AND DESIGNATIONS REFERENCED HEREIN; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (PDA10-0001) WHEREAS, Ordinance 86-173 established Planned Development District 120 (PD-120) on 412.12 acres of land, by approving a concept plan and imposing conditions; and WHEREAS, Ordinance 98-324 subsequently modified the Concept Plan for 270.48 acres within PD-120, by superseding the land use factors approved in Exhibit "B" of Ordinance 86- 173, imposing an additional condition of 100% brick or masonry materials, and otherwise preserving the conditions imposed by Ordinance 86-173 with respect to the described 270.48 acres, to the extent that they do not conflict with Ordinance 98-324; and WHEREAS, the roughly 141 acre portion of PD-120 which was not subject to the Ordinance 98-324 amendment was subsequently combined with other land, and rezoned into the Hills of Denton Master Planned Community by Ordinance 2007-150; and WHEREAS, roughly 35 acres of the 270.48 acres described by Ordinance 98-324 was rezoned to the NR-4 zoning district classification and use designation by Ordinance 2005-007; and WHEREAS, Wayne Lewis initiated a request to amend the approved Concept Plan conditions associated with the land remaining in the PD-120 Planned Development District, as legally described in Exhibit "A", attached hereto and incorporated herein by reference, less and except the property legally described in Exhibit "B", attached hereto and incorporated herein by reference, less and except the property legally described in Exhibit "C", attached hereto and incorporated herein by reference. The roughly 235.65 acres remaining after such exclusions and exceptions is hereinafter referred to as the "Property", is represented conceptually as Exhibit "D" hereto, and is the land subject to this Ordinance; and WHEREAS, on September 22, 2010, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested amendment, with conditions; and WHEREAS, the City Council finds that this amendment to the Concept Plan and conditions of PD-120 is consistent with the Comprehensive Plan, and that the Concept Plan as amended herein satisfies the conditions set forth in Sections 35-161(1) and 35-174 of the Denton Code of Ordinances; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Ordinance No. 86-173 and Ordinance No. 98-324 are hereby amended by approving and incorporating the following development regulations as additional conditions of the amended Concept Plan, to be applied to all future development within PD-120 with respect to the Property: 1. All original conditions of approval and subsequent modifications associated with PD 120 shall remain valid, unless superseded by any inconsistent requirement specified herein. 2. The planned development district boundaries shall be as described in Exhibit "A" and depicted in Exhibit "B". 3. A maximum of 40% of the building facade shall consist of stucco, with the remaining 60% of the facade being constructed of brick and/or stone. 4. Each development within the PD will be required to construct the required street improvements in accordance with the following: A. Traffic Impact Analysis: Determination by the City Engineer in accordance with an approved Traffic Impact Analysis. Improvements may include but are not limited to installation of turn lanes, pavement widening, pavement reconstruction, signal construction, installation of pavement markings, signage or equitable participation in the cost of any of the listed types of improvements. B. The Approved Concept Plan for PD-120: All public streets shown on the approved concept plan for this Planned Development will be required to be constructed in accordance with the Denton Development Code Subchapter 20. C. The COD Mobility Plan and Connectivity Component of the Mobility Plan: 1. Whenever existing streets adjacent to or within a tract are of inadequate width, additional right-of-way in accordance with the Transportation Criteria Manual shall be provided at the time of subdivision. All means of access to a subdivision shall be from existing streets fully improved to City standards, and which have the capacity to carry all anticipated traffic from the development in accordance with the Transportation Criteria Manual or an approved Traffic Impact Analysis. 2. New perimeter streets. If an arterial or collector street is proposed by the mobility plan on, near or within the boundary of the development or the development creates the need for a new perimeter street, the development shall provide the portion of the perimeter street including right of way dedication for which it reasonably creates the need, but in no case shall that portion of the street provided be less than a pavement width of twenty-five (25) feet plus required bicycle lane in the case of an arterial. Minimum right of way dedication for new perimeter streets shall be sufficient to provide the required amount of pavement, the required parkway width for the street classification as shown in the Transportation Criteria Manual, and an additional five feet to provide for any sloping needed between the pavement and the property line of the development. All perimeter streets shall be provided with curb and gutter along the side abutting the development. If the perimeter street is ultimately proposed to serve as a divided arterial street and the development is required to install half of the arterial street, then curb and gutter shall be provided on both sides of the perimeter street so as to provide the curb for the future median of the arterial street. 3. Existing perimeter streets. a. Any development on the perimeter of an unimproved perimeter street shall dedicate the right-of-way and improve or reconstruct the street to the same extent as is required for new perimeter streets, unless the perimeter street has already been partially improved, in which case the development shall dedicate the additional right-of-way and make the additional street improvements necessary to complete the perimeter street to the classification required. For the purpose of this subsection, an "unimproved perimeter" street shall mean a perimeter street which does not have curb and gutter or which does not substantially comply with the standards for street construction listed in the Transportation Criteria Manual or NCTCOG Specifications. b. Where any development would be required by the Denton Development Code to improve an existing unimproved perimeter street to less than its full width and the City's approved capital improvements plan proposes improvement of the existing perimeter street to City specifications within three (3) years of the date the required improvements are to be undertaken, the development may elect, in lieu of making the required perimeter street improvements, to pay to the City prior to filing the plat the total construction cost, excluding engineering and design cost, of the required street improvements. The amount to be paid shall be determined by the City Engineer, based on the actual cost of providing for the improvements, as shown in the most recent public bids for the same or similar type street improvements. If the money paid to the City is not used for the required improvements within five (5) years of payment, the funds shall be returned to the person making the payment. In the event that the Plat is not filed until after the City has entered a Contract with a contractor to construct the subject street improvements, the payment by the development is no longer required. 4. In accordance with the standards in the Transportation Criteria Manual, and using the connectivity component of the Mobility Plan, the street system for each development shall be connected with existing, proposed and anticipated streets within and outside the development and shall be extended to the property boundary of the subdivision so as to provide for adequate access, and the safe and effective movement and circulation of traffic in accordance with the Mobility Plan. Temporary dead end streets between phases of a subdivision on which there is located a building lot that does not have frontage on any other street shall be developed with a temporary cul-de-sac designed in accordance with the Transportation Criteria Manual which appendix is adopted by reference and included in the Denton Development Code the same as if set out at length in this section. When streets are extended to the property boundary any resulting dead- end streets may be approved without a temporary turnaround, however shall be provided with signage indicating that the street is intended to be extended in the future when adjacent property develops. When adjacent property develops, extension of the street will be required. SECTION 2. The provisions of this ordinance as they apply to PD-120 and the Property shall govern and control over any conflicting provision of Ordinance No. 86-173 and Ordinance No. 98-324. SECTION 3. The Concept Plan amendments made herein shall not affect the validity of the Detail Plan amendment approved by Ordinance 2000-135 for 162.527 acres therein described, until such time as that Detail Plan is amended, modified or superseded. SECTION 4. All obsolete zoning district classifications and use designations referenced by this Concept Plan amendment, and any other obsolete standard or reference contained or incorporated by reference herein, shall be interpreted to apply the meanings and restrictions defined for them by Chapter 35 of the Code of Ordinances of the City of Denton, Texas, as amended immediately prior to the adoption of the Denton Development Code, on February 5, 2002, by Ordinance 2002-040. In all other respects, the requirements of the various Codes, (specifically including the Denton Development Code), ordinances, standards, master plans and design criteria of the City of Denton, Texas shall apply, as same are subsequently adopted, amended or superseded, and shall apply as of the date of any subsequent determination or alleged offense, or as of the date otherwise mandated by Chapter 245 of the Texas Local Government Code (if not expired, exempted, or otherwise deemed inapplicable). SECTION 5. A copy of this ordinance shall be attached to Ordinance No. 86-173 showing the amendment herein approved. SECTION 6. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 7. 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 8. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its assage. PASSED AND APPROVED this the 1q~-G day of I OA C/ 52010. MARK A~ BURR GHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY B 9:.4v 4rv10_'-"j APPROVED AS TO LEGAL FORM: EXHIBIT A BEING a tract of land situated in the T. TOBY SURVEY Abstract No. 1288 and the BBB & CRR SURVEY Abstract No. 186, Denton County, Texas and being a portion of a 316.3656 acre tract of land described in Volume 947, Page 751, and a portion of a tract of land described in a deed recorded in Volume 1014, Page 537 of the Deed Records of Denton County, Texas and being more particularly described as follows: COMMENDING at a'/2 inch iron rod found for the Northwest corner of said 316.3656 acre tract and the Northwest corner of said T. TOBY SURVEY, THENCE, along and with the West line of said 316.3656 acre tract and the T. TOBY SURVEY South 00 degrees 57 minutes 06 seconds West, a distance of 1875.42 feet to a concrete ROW monument found for the POINT OF BEGINNING in the Southerly right-of-way line of LOOP 288 (variable width right-of-way), THENCE along and with the Southerly right-of-way line of said Loop 288 as follows: South 88 degrees 54 minutes 44 seconds East, a distance of 32.63 feet to a concrete ROW monument found for a corner; North 82 degrees 18 minutes 13 seconds East, a distance of 512.18 feet to a concrete ROW monument found for a corner; North 76 degrees 47 minutes 50 seconds East, a distance of 306.82 feet to a concrete ROW monument found for a corner; North 75 degrees, 09 minutes 58 seconds East, a distance of 787.78 feet to a concrete ROW monument found for a corner; North 71 degrees 17 minutes 58 seconds East, a distance of 340.94 feet to a 1/2 inch iron rod found for a corner; North 71 degrees 15 minutes 26 seconds East, a distance of 764.30 feet to a concrete ROW monument found for the beginning of a curve to the right having a radius of 5619.58, a chord bearing of North 73 degrees 51 minutes 45 seconds East and a chord length of 510.87 feet; Along said curve to the right through a central angle of 05 degrees 12 minutes 38 seconds for an arc length of 511.05 feet to a concrete ROW monument found for the end of said curve; North 84 degrees 08 minutes 48 seconds East, a distance of 684.90 feet to a 1/2 inch iron rod set for a corner; South 88 degrees 17 minutes 37 seconds East, a distance of 976.84 feet to a concrete ROW monument found for the Northerly corner of a corner clip at the Intersection of the Southerly right-of-way line of said Loop 288 with the Westerly right-of-way line of FM 2164 (variable width right-of-way); THENCE along said corner clip South 38 degrees 56 minutes 14 seconds East, a distance of 91.52 feet to a concrete ROW monument; THENCE along the westerly right-of-way line of said FM 2164 South 01 degrees 37 minutes 03 seconds West, a distance of 1000.57 feet to a concrete ROW monument found for a corner; THENCE North 89 degrees 15 minutes 46 seconds West, a distance of 2918.99 feet to a 1/2 inch iron rod found for a corner; THENCE South 01 degrees 37 minutes 46 seconds West, a distance of 977.66 feet to a 1/2 inch iron rod set for a corner; THENCE South 89 degrees 12 minutes 21 seconds East, a distance of 1404.76 feet to a 5/8 inch iron rod found for a corner; THENCE South 01 degrees 05 minutes 43 seconds West, a distance of 1977.53 feet to a %2 inch iron rod set for a corner; THENCE North 89 degrees 06 minutes 45 seconds West, a distance of 2500.79 feet to a 1/2 inch iron rod set for a corner; THENCE North 00 degrees 53 minutes 15 seconds East, a distance of 60.00 feet to a 1/2 inch iron rod set for the Southeast corner of a 0.92 acre tract of land conveyed to the City of Denton by deed recorded in Volume 556, Page 434, DRDCT; THENCE along the Southerly line f said 0.92 acre tract North 89 degrees 06 minutes 45 seconds West, a distance of 200.00 feet to a11/2 inch iron rod set for a corner; THENCE along the Westerly line of said 0.92 acre tract, North 00 degrees 53 minutes 15 seconds East, a distance of 200.00 feet to a 1/2 inch iron rod set for a corner; THENCE along the Northerly line of said 0.92 acre tract, South 89 degrees 06 minutes 45 seconds East, a distance of 200.00 feet to a 1/2 inch iron rod set for a corner; THENCE along the Easterly line of said 0.92 acre tract, South 00 degrees 53 minutes 15 seconds West, a distance of 200.00 feet to a %2 inch iron rod set for a corner; THENCE South 00 degrees 53 minutes 15 seconds West, a distance of 60.00 feet to a %2 inch iron rod set for a corner; THENCE North 89 degrees 06 minutes 45 seconds West, a distance of 795.80 feet to a 3/8 inch iron rod found for a corner; . THENCE North 00 degrees 57 minutes 06 seconds East, a distance of 3079.50 feet to the POINT OF BEGINNING CONTAINING within these metes and bounds 270.235 acres of land more or less. Exhibit B ALL THAT CERTAIN TRAM" OR PARCEL OF LAND LYING AND BEING SITUATED IN THE T. TOW SURVEY, ABSTRACT NUMBER 1280, DEN TON CDLINTY, TM(AS AND 133EI N G A PART OF A TRACT DESCRIBED IN A DEED TO KDRC 11 LIMITED PARTNERSHIP RECORDED IN COUNTY CLEi NUMBER 94040 13002 REn PROPERTY RECORDS. DENTON COUNTY, TEM. AND BEING MORE PAR7%ULARLY DESMIDED AS FOLLOWS' BEGINNING AT THE NORTHWEST CORNED O SAID IDRC 11 TRACT AND THE NORTHEAST CORNER OF LOr 1, BLOCK 1, TEXAS INSTRUMENTS ADDITION ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET G, PAGE .4B FLAT RECORDS DE14TON COUNTY. TEM, AT A RIGHT'-OP WAY MONUMENT FOR CORNER ON THE INTERSECTION OF THE SOUTH RIGHT-O WAY LNE OF HIGHWAY LOOP 286 AND THE EAST RIGHT' WAY LINE OF TERLINGUA STREET. THENCE SOUTH 87 DEGREES 04 MINUTS W SECONDS EAST WITH THE NORTH LINE OF SAID ItoFto Il TRACT AND THE S©VTH RIGHT4F WAY LIME OF HIGHWAY LOOP 2813 A DISTANCE OF 36.139 FMT TO A RIQHT•0F WAY MONUMENT FOR CORNIER-, THENCE NORTH 82 DEGRNES 12 MINUTED 11 SECONDS EAST" 1411H THE NORT14 LINE OF SAID l03RC It =ACT AND THE SOUTH RIGHT-OF WAY U NS OF 1410 WAY LOOP 388 A DISTANCE OF 513.01 FEET TO A RIGHT-OF WAY MONUMWr FOR CORNER; THENCS SOUTH 07 DE-ORE.ES 30 MINUTES 35 SECWONDS EAST A DISTANCE OF 409.00 BEET TO A FOUND IRON F qN; THENCE RUTH 07 I GRE% 59 MINUTES 17 SEOONDS WEST A DISTANCE OF 228,81 FEET TO A FOLIND IRON PIN; THENCE NORTH 89 OEGRESS 04 MINUTES 54 SECONDS WEST A DISTANC9 OF $75.10 FEET TO A D IRON PIN ON THE WEST LIME OF MO KDAC II TRACT ANN THE EAST LINE OF SAID T'ERINGUA STREET THENCE NORTH 00 DEGREES 54 MINUTES 41 SECONDS EAST NTH THE WEST UNE OF SAID KC*C 11 TRACT AND THE 1' IJNE OF SAO 17,RINGUASTRM i' A DISTANCE OF 654,95 FEETTO THE POINT'-01451~"N1NG, AND CONTAINING IN ALL 7-076 ACRES OF LAND. Exhibit C FIRLD NOTES to all that certain tract, of land in the T. Toby Survey, Abstract Number 1288 and being part of the called 141.1301 acre Tract 1 described in the dead from KDRC 11 to Locust/288 Partners, Ltd recorded. in Volume 4299, Page 805 of the Deed Records of Denton County, Texas, the subject tract being more particularly described by metes and bounds as follows; Beginning at the Northwest corner of the tract being described herein at an aluminum right-of-way monument found on the South right-of-way of Loop 2B8 as monument.ed at the Northwest corner of the said 141.i301 acre tract; THENCE North 77 Degrees 00 Minutes 58 seconds East with the South right of way of Loop 288 and a forth line of the 141.1301 acre tract a distance of 306.27 feet to an aluminum right-of-way monument; THENCE North 75 Degrees 21 Minutes 26 Seconds East continuing with the South right-of-way of Loop 288 and a North line of the 141.1301 acre tract a distance of 582.28 feet to a % inch iron rod found at the Northeast corner of the tract being described herein and the Northeast corner of the 141.1301 acre. tract; T"NCE South 14. Degrees 38 Minutes 10 Seconds East with an East lire of the 141.1301 acre tract a distance of 453.37 feet to a % inch iron rod found; THENCE South es Degrees 02 Minutes 24 Seconds East with a North line of the 141.1301 acre tract a distance of 388.46 feet to a X inch iron rod found at the Easterly Northeast corner thereof at reentrant corner of the called 200.00 acre tract described in the deed from 270 T.V. to KDRC 11 recorded under Clerks File Number 94-80066042 of the Real Property Records of Denton County. Texas; THENCE South 01 Degrees 52 Minutes 28 Seconds West with the mast lane of the 141.1301 acre tract and the said 200.00 acre tract a distance of 921.11 feet to a 5/8 inch iron rod found with a yellow cap stamped °Bxs" at the Northeast corner of the called 102.900 acre tract described in the deed from Locust/288 Partners, Ltd. to Nicosia & 77, L,P. recorded in Volume 5144, Page 1032 of said Deed Records; THENCE across the 141.1301 acre tract with the North line of the 102.900 acre tract the following six calls.; i. North 89 Degrees 11'Minutes 34 Seconds West a distance of 160.28 feet to a 5/8 inch iron rod found with a yellow cap stamped "BUB"; 2. North 62 Degrees 21 Minutes 11 Seconds West a distance of 1044.89 feet to a 5/8 inch iron rod found with a yellow cap stamped "BHs" . 3. North 05 Degrees 43 Minutes 02 Seconds West a distance of 60.02 feet to a 5/8 inch iron rod found with a yellow cap stamped "BHB" in a westerly curve to the right having a radius of 430.16 feet; 4. Along said curve are distance of 50.84 feet (chord bearing of South 87 Degrees 43 Minutes-17 Seconds West and a chord distance of 50.81 feet) to a % inch iron rod set with a yellow plastic cap stamped "COLEMAN RPLS X5041" at the end of the curve; S. North 88 Degrees 53 Minutes 35 Seconds West a distance of 55.5o feet to a 5/8 inch iron rod found with a yellow cap stamped It BHB u . 6. North 62 Degrees 22 Minutes 23 Seconds West a distance of 118.22 feet to a 5/8 inch iron rod found with a yellow cap otamped "SHB" found at the Northwest corner of the 102.900 acre tract and in the West line of the 141.1301 acre tract; THENCE North 08 Degrees 14 Minutes 44 Seconds East with the West line of the 141.1301 acre tract a distance of 144.95 feet to a X inch iron rod found at an angle point therein; THENCE North 07 Degrees 23 Minutes 25 Seconds West with the West line of the 141,1302 acre tract a distance of 409.02 feet to the PLACE of BEGINNING and enclosing 26.954 acres of land. Exhibit D LOCATION MAP