PD19-0003aFILE REFERENCE FORM PD19-0003a
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records
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Other
FILE(S) Date Initials
Amended by Ordinance No. PD19-0003c 03/17/20 JR
ORDINANCE NO. PD19-0003a
AN ORDINANCE OF THE CITY OF DENTON APPROVING A CHANGE IN THE ZONING
DISTRICT AND USE CLASSIFICATION FROM RESIDENTIAL 2 (R2) ON 34.31 ACRES
AND RESIDENTIAL 3 (R3) ON 2.34 ACRES TO A PLANNED DEVELOPMENT (PO)
DISTRICT ON A TOTAL OF APPROXIMATELY 36.66 ACRES OF LAND GENERALLY
LOCATED NORTH OF RYAN ROAD, APPROXIMATELY 120 FEET EAST OF MONTE
CARLO LANE, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN
AMENDMENT TO THE CITY'S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (PD19-0003; Ryan Way)
WHEREAS, Thomas Fletcher, of Kim ley Horn Associates, applied for a zoning change on
approximately 29.34 acres of land legally described in Exhibit "A," attached hereto and
incorporated herein by reference (hereinafter, the "Ken Newman Property") from a R2 District on
approximately 27.0 acres of land and from a R3 District on approximately 2.34 acres of land to a
Planned Development (PD) District zoning district and use classification; and
WHEREAS, Thomas Fletcher, of Kimley Horn Associates, also applied for a zoning
change on approximately 7.05 acres of land legally described in Exhibit "B," attached hereto and
incorporated herein by reference (hereinafter, the "Aerie Castle Property") from a R2 District to a
PD District zoning district and use classification; and
WHEREAS, on December 11, 2019, the Planning and Zoning Commission, in compliance
with the laws of the State of Texas, have given the requisite notices by publication and otherwise,
and have held due hearings and afforded full and fair hearings to all property owners interested in
this regard, and have recommended approval [4-3] ofthe amendment; and
WHEREAS, on December 17, 2019, the City Council likewise conducted a public hearing
as required by law, and finds that the request meets and complies with all substantive and
procedural standards for a rezoning to PO set forth in Section 2. 7.3 of the Denton Development
Code, and is consistent with the Denton Plan 2030 and the Denton Development Code;
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for a change in the zoning classification of the Properties,
have determined that the proposed use is in the best interest of the health, safety, morals, and
general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is
of the opinion and finds that said zoning change is in the public interest and should be granted as
set forth herein; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The findings and recitations contained in the preamble ofthis ordinance are
incorporated herein by reference and found to be true.
S :\Legai\Our Documents\Ordi nances\ 19\PD 19-0003 Rezoning -Ryan Way -Revised CC Approval. Docx
SE T ION 2. The zoning district and use classification for the Ken Neuman Property and
Aerie Castle Property (hereinafter "Properties") is hereby changed PO District, subject to the
following conditions:
A. The construction entrance for the development of the Properties shall be directly from Ryan
Road. Construction access is not permitted on Monte Carlo Drive.
B. The PO Development Plan Map submitted to the City Council at the December 17, 2019,
City Council meeting is approved as Exhibit "D."
C. Section 5 of the PO Development Standards (Exhibit "C") shall be revised to require:
1. Conservation easements for tree preservation areas as shown on the Concept Plan
(Exhibit "E") shall be provided at the time of platting and benefit the HOA; and
2. Buffer trees are required to be planted at a rate of 1 tree per 50 linear feet in the
southwestern portion of the buffer behind the lots on Street D of the PO
Development Plan Map.
D. An emergency-access-only gate shall be installed at the southern-most connection to Monte
Carlo Lane abutting the Ridgemont Addition. Monte Carlo Lane shall be fully improved
underneath the gate to allow for emergency access and utility connections.
SE TION 3 . The Development Standards for the PO are described in Exhibit "C,"
attached hereto and incorporated herein by reference, and the PO Development Plan Map is
depicted in Exhibit "0," attached hereto and incorporated herein by reference. Development of
the Ken Newman Property and Aerie Castle Property shall be in accordance with the standards in
Exhibit "C" and the Development Plan Map shown in Exhibit "D."
12 T ION 4. The City's official zoning map is hereby amended to show the change in the
zoning district and use classification.
SE T ION 5. If any provision ofthis ordinance or the application thereofto any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
=<-""--'--'--"~-"6!.:.. Any person, firm, partnership or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 7. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions ofthe Denton Code of Ordinances, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
, E T l N 8. In compliance with Section 2.09(c) of the Denton Charter, 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 ofthis ordinance to be published twice in the Denton Record-
Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (1 0) days of the
date of its passage.
Page 2 of3
S:\Legai\Our Documents\Ordinances\19\PD 19-0003 Rezoning-Ryan Way-Revised CC Approvai.Docx
The motion to app rov e thi s o rclinan ce was
Jo Hill £VA-N and seconded by & 5Se-.D19 V /6
ordinance was passed and approved by tb e foJiowing vote [!2:._-_L_]:
Mayor Chris Watts:
Gerard Hudspeth, District I:
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Arrnintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
Aye
v'
..;
Nay Abstain
made by
3 the
Absent
PASSEDANDAPPROVEDthisthe /7-1;/t, dayof rller1JLnk ,2019.
ccdd4!1C
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: ~~--A--~ ----7----)
\.._/ \____.../'
Page 3 of3
EXHIBIT A
Legal Description for
Ken Newman Properties, LLC -Tracts
29.345 Acres
BEING all that certain lot, tract, or parcel ofland situated in the C. Poullalier Survey Abstract Number
1006 in the City of Denton, Denton County, Texas, being all of Lot 16, Block D of Teasley Trails
Phase 1 B, an addition to the City of Denton, Denton County, Texas, according to the plat thereof
recorded under Document Number 2016-2092, Plat Records, Denton County, Texas, and being all
that certain tract of land conveyed by deed from Bobby Joe White to Ken Newman Properties, LLC
recorded under Document Number 2007-96518, Real Property Records, Denton County, Texas, and
being all that certain tract of land conveyed by deed from Daniel Lee Davis and Patsy Davis to Ken
Newman Properties, LLC recorded under Document Number 2007-96513, Real Property Records,
Denton County, Texas, and being all that certain tract of land conveyed by deed from Jimmie Frank
White and Shirley Ann White to Ken Newman Properties, LLC recorded under Document Number
2007-96516, Real Property Records, Denton County, Texas, and being all that certain tract of land
conveyed by deed from Thomas Earl Trueblood, Jr. and Mecca Trueblood to Ken Newman
Properties, LLC recorded under Document Number 2007-96517, Real Property Records, Denton
County, Texas and being more particularly described as follows:
BEGINNING at an iron rod found for corner in the west line of Lot 2X HOA, Block A of Teasley
Trails Phase IV, an addition to the City of Denton, Denton County, Texas, according to the plat thereof
recorded under Document Number 2017-96, Plat Records, Denton County, Texas, said point being
the northeast corner of Lot 1, Block A of Lightbringer Estates, an addition to the City of Denton,
Denton County, Texas, according to the plat thereof recorded under Document Number 20 15-33, Plat
Records, Denton County, Texas;
THENCE S 89° 34' 38" W, 348.72 feet with the north line of said Lightbringer Estates to an iron rod
found for corner;
THENCE S 89° 32' 36" W, 981.80 feet with said north line of said Lightbringer Estates and with the
north line of Blocks C and A of Ridgemont Addition Phase Two, an addition to the City of Denton,
Denton County, Texas, according to the plat thereof recorded in Cabinet P, Page 157, Plat Records,
Denton County, Texas and with the north line of Block A of Ridgemont Addition, Phase 1, an addition
to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet 0,
Page 196, Plat Records, Denton County, Texas to a capped iron rod marked RPLS 4561 set for corner
in the east line of
Lot 27, Block A ofMontecito Del Sur, Section 2, Phases I and II, an addition to the City of Denton,
Denton County, Texas, according to the plat thereof recorded in Cabinet F, Page 226, Plat Records,
Denton County, Texas;
THENCE N 00° 51' 04" E, 250.00 feet with said east line of said Montecito Del Sur, Section 2,
Phases I and II to a capped iron rod marked RPLS 4561 set for corner;
THENCE N 00° 25' 29" E, 677.39 feet with said east line of said Montecito Del Sur, Section 2,
Phases I and II, and with the east line of line of that certain tract of land conveyed by deed from
William M. Johnson to James Ken Newman recorded in Volume 1266, Page 118, Real Property
Records, Denton County, Texas to an iron rod found for corner;
THENCE N 00° 09' 37" E, 623.04 feet with said east line of said James Ken Newman tract and with
the east line of Lot One, Block One of Whittle Addition, an addition to the City of Denton, Denton
County, Texas, according to the plat thereof recorded in Cabinet C, Page 61, Plat Records, Denton
County, Texas to a capped iron rood marked RPLS 4561 set for corner, said point being the southwest
corner of Lot 24X HOA, Block D of Teasley Trails Phase 2, an addition to the City of Denton, Denton
County, Texas, according to the plat thereof recorded under Document Number 2017-352, Plat
Records, Denton County, Texas;
THENCE N 89° 58' 03" E, 162.66 feet with the south line of said Lot 24X HOA to a capped iron
marked KHA found for corner, said point being the northwest corner of Lot 23, Block D of Teasley
Trails Phase lB, an addition to the City of Denton, Denton County, Texas, according to the plat
thereof recorded under Document Number 2016-2092, Plat Records, Denton County, Texas;
THENCE S 00° 00' 50" E, 624.49 feet with the west line of said Block D to a capped iron rod marked
RPLS 4561 set for corner, said point being the southwest corner of Lot lX HOA in said Block D;
THENCE S 89° 31' 34" E, 494.28 feet with the south line of said Lot lX HOA to a capped iron rod
marked RPLS 4561 set for corner in the west line of Lot 15X Common Area in Block D of Teasley
Trails Phase 1, an addition to the City of Denton, Denton County, Texas according to the plat thereof
recorded under Document Number 2016-176, Plat Records, Denton County, Texas;
THENCE S 00° 06' 20" W, 61.50 feet with said west line of said Lot 15X Common Area to a capped
iron rod marked RPLS 4561 set for corner, said point being the southwest corner of said Lot 15X
Common Area;
THENCE S 89° 11' 30" E, 670.77 feet with the south line of said Lot 15X Common Area and with
the south line of Lot lOX HOA Common Area, Block I of Teasley Trails Phase lB, an addition to the
City of Denton, Denton County, Texas, according to the plat thereof recorded under Document
Number 2016-2092, Plat Records, Denton County, Texas to a capped iron rod marked RPLS 4561
set for corner, said point being the northwest corner of Lot llX HOA, Block G of Teasley Trails
Phase IV, an addition to the City of Denton, Denton County, Texas, according to the plat thereof
recorded under Document Number 2017-96, Plat Records, Denton County, Texas;
THENCE S 00° 22' 43" W, 132.81 feet with the west line of said Lot llX HOA to an iron rod found
for corner;
THENCE S 00° 32' 57" W, 707.76 feet with the west line of said Lot llX and with the west line of
said Lot 2X HOA to the PLACE OF BEGINNING and containing 29.345 acres ofland.
EXHIBITB
Legal Description for
Aerie Castle Investments, LLC -Tract
7.052 Acres
BEING all that certain lot, tract, or parcel of land situated in the J. Lewis Survey Abstract Number
1572 and the S. Scott Survey Abstract Number 1186 ann in theW. Speer Survey Abstract Number
1197 in Denton County, Texas, being all ofLot 49, Block C of Ponderosa Valley Phase Ill, an addition
to Denton County, Texas, according to the plat thereof recorded in Cabinet Q, Page 268, Plat Records,
Denton County, Texas, and being a part of that certain tract ofland conveyed by deed from Aristocrat
Fund XXIV, L. P. to Ponderosa Ranch Properties No.2 L. P. recorded in Volume 4972, Page 96,
Real Property Records, Denton County, Texas and being more particularly described as follows:
BEGINNING at an iron rod found for comer in the west line of Adam Court, a public roadway, said
point being the southeast comer of Lot 48 in said Block C of said Ponderosa Valley Phase III;
THENCE along the arc of a curve to the left having a central angle of 47° 35' 18", a radius of 60.0
feet, an arc length of 49.83 feet, whose chord bearsS 06° 36' 27" W, 48.41 feet with said west line
of said Adam Court to an iron rod found for comer, said point being the most northerly corner of Lot
50 in said Block C of said Ponderosa Valley Phase III;
THENCE S 72° 35' 56" W, 441.77 feet with the northwest line of said Lot 50 to an iron rod found
for corner, said point being the northwest corner of that certain tract of land conveyed by deed from
Ponderosa ranch Properties No.2, L. P. to Roderick H. Person and wife, Suzanne M. Person recorded
in Volume 5303, Page 6369, Real Property Records, Denton County, Texas;
THENCE S 35° 33' 10" W, pass at 744.01 feet an iron rod found for line, a total distance of 1944.67
feet with the west line of said Person tract to a point in a creek and in the north line of Lot 7, Block A
of Ponderosa ranch, an addition to Denton County, Texas according to the plat thereof recorded in
Cabinet U, Page 226, Plat Records, Denton County, Texas;
THENCE N 61° 49' 36" W, 231.01 feet with said creek and with the north line of said Ponderosa
ranch to a point for corner in said creek;
THENCE N 75° 11' 24" W, 317.29 feet with said creek and with the north line of said Ponderosa
ranch to a point for corner in said creek, said point being in the north line of Lot 6 in said Block A of
said Ponderosa Ranch;
THENCE N 18° 00' 28" W, 367.27 feet with said creek and with the north line of said Ponderosa
ranch to a point for corner in said creek, said point being the southeast comer of that certain tract of
land conveyed by deed from Ponderosa ranch Properties No. 2, L. P. to Craig M. Schwarz and Tam era
Renee Schwarz recorded under Document Number 2006-101552, Real Property Records, Denton
County, Texas;
THENCE N 45° 33' 33" E, pass at 106.05 feet an iron rod found for line, a total distance of 885.29
feet with the east line of said Schwarz tract to an iron rod found for comer;
THENCE N 53 ° 19' 18" E, 1 029.34 feet with said east line of said Schwarz tract to an iron rod found
for corner, said point being the most southerly corner of Lot 40 in said Ponderosa Valley Phase III;
THENCE N 52° 09' 56" E, 381.76 feet with the southeast line of said Lot 40 and with the southeast
line of Lot 41 in said Block C to an iron rod found for corner, said point being the most westerly
corner of said Lot 48 in said Block C of said Ponderosa valley Phase III;
THENCE S 59° 48' 14" E, 489.03 feet with the southwest line of said Lot 48 to the PLACE OF
BEGINNING and containing 7.052 acres of land.
EXHIBITC
Development Standards for
PD19-0003
RYAN WAY-Planned Development (PO) District
For 36.397 Acres
City of Denton, Denton County, Texas
SECTION 1: Purpose.
The regulations set forth in this section of the development standards are for the Planned Development
(PO) District. This Planned Development (PO) District provides for development standards for the above
referenced tract which is comprised of the Ken Newman Properties, LLC tracts that total 29.345-acres
and is provided below as Exhibit A and the Aerie Castle Investments, LLC tract that totals 7 .052-acres
and is provided below as Exhibit B.
The regulations for the R4 -Residential District and all other provisions of the City of Denton
Development Code effective date 10/112019, shall apply except as modified herein.
The proposed subdivision layout is shown on the Development Plan Map sheets provided as Exhibit C.
SECTION 2: Use Regulations.
Allowable uses shall be per the Denton Development Code, Subchapter 5: Use Regulations for R4 except
as modified herein.
Th e fOllowin g are allow able uses within this Plann ed Developm ent:
1. Single-Family Detached Dwelling;
2. Accessory Uses allowed within R4;
3. Temporary Uses allowed within R4.
All other uses shall be prohibited within this Planned Development.
SECTION 3: Maximum Density.
The maximum number of Single-Family Detached Dwellings shall be one-hundred fifty-four (154) for a
maximum density of 4.23 dwelling units per acre. Open Space/Homeowner's Association (HOA) lots do
not count against the Maximum Density.
SECTION 4: Dimensional Standards:
If not specifically stipulated below, Dimensional Standards shall follow the R4 Zoning District as stated
in DOC Section 3.2.5.
Regulation
1. Minimum Lot Area (*) -
2. Typical Lot Area (*) -
3. Minimum Lot Width(**)-
4. Minimum Lot Depth -
5. Minimum Front Yard Setback-
6. Minimum Garage Setback (Front Entry)(***)-
7. Side Yard Setback (Interior Lot)-
8. Side Yard Setback (Corner Lot/ Adjacent to ROW) -
9. Rear Yard Setback -
10. Maximum Height -
11. Maximum Building Coverage -
Criteria
5,000 sq. ft.
5,750 sq. ft.
50 feet
100 feet
20 feet
20 feet
5 feet
10 feet
15 feet
40 feet
60 percent
* Up to ten (10) lots within the development can be between 5,000 sq. ft. and 5,749
sq. ft., all other lots shall be 5,750 sq. ft. or greater.
**
***
Minimum Lot Width is measured along the front yard setback for all lots.
The garage shall be offset a minimum of twelve (12) inches from the building.
SECTION 5: Tree Preservation and Landscape Standards.
Based on the regulations ofthe Texas Local Government Code and the submittal of General Development
Plan, GDP19-0002, the project is vested to the requirements ofthe 2002 Denton Development Code for
Tree Preservation. Per Exhibit C, buffers have been provided adjacent to the existing residential
neighborhoods. The intent of these buffers is to provide tree preservation on the perimeter to minimize
the impact to the existing residents adjacent to this Project. Tree preservation is also provided adjacent to
a tree preservation area that was established as part of the Teasley Trails development to provide
continuity in habitat areas.
In addition to the landscaping requirements of the 2019 DOC, the following regulations shall apply:
Regulation Criteria
1. Street Tree Residential Lot (*) One (1) per residential lot
2. Street Tree HOA Lot One ( 1) per 3 0 1 in ear feet
3. Front Yard Tree (*) -One (1)
4. Rear Yard Tree (*) -One (1)
5. Corner Lot Side Yard Trees (*) -Two (2)
Exhibit C -Page 2 of 4
* The Developer shall provide the required street trees located within the HOA lots
per the regulations above. The Homebuilder will provide the required street tree
residential lot, front, rear, and corner lot side yard trees per the regulations above.
All trees shall be three (3) caliper inches in size measured twelve (12) inches
above ground level.
In addition to street trees provided in the HOA open space lots, the developer will provide trees
around any detention facility at one ( 1) tree per sixty ( 60) linear feet. Detention ponds shall be
grassed and irrigated. The Developer will also be providing landscaping at the entry to the
subdivision off Ryan Road that will include ornamental trees, shrubs, and flowers. There will be
no minimum standard for these enhancements, but it is the intent of the Developer to enhance the
entry to create a sense of community and arrival to the Project. Proposed tree plantings shall
count toward mitigation if it is determined that mitigation is required.
Additionally, buffer trees shall be planted at a rate of 1 tree per 50 linear feet in the southwestern
portion of the buffer behind the lots on Street D of the PO Development Plan Map.
A conservation easement shall be provided over the areas shown as "Open Space/Tree
Preservation" on the Concept Plan at the time of platting and benefit the HOA. The City of
Denton has no obligation to maintain these easements.
SECTION 6: Building Design Regulations.
Building Design shaH be per the Denton Development Code, Subchapter 7: Development Standards
except as modified herein.
I. The garage shaH be offset a minimum of twelve (12) inches from the building.
SECTION 7: Amenities
The foHowing community amenities are being provided for this Project:
1. Open space and tree preservation-The proposed plan wiii provide a minimum of fifteen percent
( 15%) open space. The open space wiH be provided for tree preservation, buffer of existing
neighborhoods, detention, and general open space for the community.
2. Additional Yard Trees -The additional tree requirements placed on each residential lot wiii
provide an overaH amenity to the Project, its residents and the environment.
3. Benches-The developer is proposing to construct paved areas adjacent to the open spaces where
benches can be constructed for rest and relaxation.
SECTION 8: Development Schedule.
Exhibit C -Page 3 of 4
The proposed Planned Development, Ryan Way, is to be developed in a single phase as shown on the
Development Plan Map. It is anticipated that preliminary plat, construction plans, and final plat approval
will take approximately ten (I 0) months. Construction for the proposed improvements is anticipated to
take approximately sixteen (16) months. Home construction is anticipated to take approximately eighteen
(18) months. Based on this schedule, the development would be completely built out around forty-four
(44) months from zoning approval.
Exhibit C -Page 4 of 4
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VEHCLE TRIP GENERATION:
154 ~NGLE FAMILY LOTS@ 9 44 ADT = 1454 TRIPS
.ADJACENT STREET: 114 Nil PEAK HOUR&. 154 PM PEAK HOUR
NON-ADJACENT STREET: 120AM PEAK HOUR & 160 PM PEAK HOUR
•NoTE: VALUES FOR VEHICLE TRIP GENERATION VVE.RE CALCULATED
FROM THE ITE TRIP GENERATION MANUAL ITE REGRESSION
EQUATIONS V\IERE USED FOR PEAK HOURS.
lAND USE SUMMARY:
EXISTING USE: 36 66 ACRES UNDEVELOPED
PROPOSED SINGLE-FAMILY: 29 27± ACRES
PROPOSED OPEN SPACEIESA PRESERVATION AREA: 5 04 ±ACRES
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EXHIBIT D-DEVELOPMENT PLAN MAP W+E
Data Table
Total Acres I 36.66AC
LotType 50'
TolaiSO' Lois I 154
Percent Lot Co..erage 758%
Percent landscaped 24.2%
ESAacreage 0.16AC
Proposed Number of
rypTca l Sirgle
Fami~ 2 Story Stories Buildil"()s
Estimated 1ime of Completion
Construction Plan and I
PlatAooroval
&-8 Months
Constn.Jction 14~ 16 Months
Total I 2()..24 Months
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l 3953 HELM LN
TEASLEY TRAil I DENTON. TX 76210-8485
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TYPICAL LOT DETAIL
N.T.S
C ITY PROJECT NUMBER: P01g..()003
PtAN DEVELOPMENT stTE LAYOUT •o•
RYAN WAY
NEWMAN/AERIE CASTLE TRACT
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BEINC;)IIfi!IACRES
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C F'OULL.Al.IER $URIJ7;Y ABSTRACT NO 11))!';
CITY OF DENTON, DENTON COUNTY, TEXAS
EXHIBIT E -CONCEPT PLAN
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Note:
Plan is concep tual in nature . Final layou t to be
determined with actual des ign but shall meet
th e intent of the con cept plan .
Ryan Way
Denton , Texas
December 20 19