PDA19-0004dS:\Legal\Our Documents\Ordinances\20\PDA19-0004 The Preserve Ordinance.Docx
ORDINANCE NO.PDA19-OO04d
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE CONCEPT PLAN
AND APPROVING THE DETAILED PLAN FOR 7.2 ACRES OF LAND IN SECTIONS J & K
OF PLANNED DEVELOPMENT DISTRICT NO. 132 (THE PRESERVE), GENERALLY
LOCATED AT THE SOUTHWEST CORNER OF LAKEVIEW BOULEVARD AND
EDWARDS ROAD, 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. (PDA19-OO04d;
THE PRESERVE AT PECAN CREEK)
WHEREAS, Forestar Real Estate Group, Inc. applied for an amendment to the concept
plan and approval of the detailed plan to permit detached single family dwellings in Sections J &
K of Planned Development District No. 132 (PD 132), The Preserve, on approximately 7.2 acres
of land legally described in Exhibit “A,” attached hereto and incorporated herein by reference
(hereinafter, the “Property”); and
WHEREAS, on October 18, 1988, the City Council adopted Ordinance 88-166, approving
a change in zoning for 414.9 acres of land to PD 132 Zoning District, including the Property, as
more particularly described therein; and
WHEREAS, on August 15, 1989, the City Council adopted Ordinance 89-101, approving
an amendment to the concept plan for 414.9 acres of land in of PD 132 zoning district and a detailed
plan for 184.2 acres of land, including the Property, as more particularly described therein; and
WHEREAS, on November 17, 1998, the City Council adopted Ordinance 98-394,
approving an amendment to the concept plan of PD 132 zoning district and a detailed plan for
427.616 acres of land, including the Property, as more particularly described therein; and
WHEREAS, on August 19, 2020, 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 held a public hearing for all property owners interested in this regard, and have recommended
approval (7-0) of the current request; and
WHEREAS, on September 1, 2020, 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 Detailed Plan Amendment set forth in Section 35-152 of the 1991
Zoning Ordinance; and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, have determined that the proposed Detailed Plan Amendment 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 Detailed Plan Amendment 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 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The Concept Plan for PD 132 is hereby amended to permit only single-family
detached and open space uses and a Detailed Plan for PD 132 is hereby approved as shown in
Exhibit “B,” subject to the following conditions:
1
2.
3.
The subject site must comply with 2019 Tree Preservation requirements.
The front yard of each residential lot must provide 30% landscaping. The rear yard of each
residential lot must provide 20% landscaping. One large canopy tree must be planted on
each lot prior to the final inspection for each residential building permit.
Street Trees and Arterial/Open Space Trees in the attached plan reflects a total of
seventy-four (74), three-inch caliper trees. Minor alterations to the depicted locations of
individual plantings and final individual plant selections may be approved by City staff,
provided that the final street trees, as planted, includes seventy-four (74), three-inch
caliper large- or medium-canopy trees.
Provide an enhanced pedestrian crossing into the amenity center at the intersection of the
proposed neighborhood street and Lakeview Boulevard.
4.
SECTION 3. The Detailed Plan of PD 132 is approved with the following standards, which
will be incorporated as requirements for Sections J and K:
Proposed Use
r
Minimum Lot Size
Maximum Densit'
)
Maximum Building Height
Required Number of Parking Spaces
o
r
Side Building Setback
e
e
l
e
Detached Single-Family
21
6,600 square feet
t
1.7 acres
2.5 stories
4 Per dwelling unit (2 within garage
B%
20 feet
5 feet
10 feet
5 feet
One 3” caliDer planted every 30 feet
Total twenty-two 3” caliper trees distributed
along the existing Edwards Road and
Lakeview Boulevard
Lakeview Boulevard: Brick thin wall with
columns every 10 feet
Edwards Road: Board on board wood with
brick columns every 30 feet
Perimeter Fencing
Page 2 of 4
SECTION 4. The provisions of this ordinance, as they apply to PD 132 shown in Exhibit
A are herein approved and shall govern and control over any conflicting provision of Ordinance
Nos. 88-166, 89-101, 98-394, but all provisions of Ordinance Nos. 88-166, 89-101, and 98-394 as
they apply to that remaining portion of the PD district not herein affected shall continue in force
and effect and apply to the remainder of the PD district.
SECTION 5. 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 the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 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. 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 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 passage.
The motion to approve this ordinance was made by aSb and
seconded by J'], the ordinance was passed and approved bythe following vote X - X :
Aye
\/
a‘
,/
W/
Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2:vr
Jesse Davis, District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :V/
./Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the 2020day of
mMM
Page 3 of 4
ATTEST:
ROSA RIOS, CITY SECRETARY
ISZIigP
_ a(2& ‘
APPROVED AS TO LEGAL FORM:
AARON LEAL. CITY ATTORNEY
Page 4 of 4
OWNER’S CERTIFICATION
STATE OF TEXAS )(
COUNTY OF DENTON )(
BEING A 7.139 ACRE TRACT OF LAND SITUATED IN THE GIDEON WALKER
SURVEY, ABSTRACT NO. 1330, CITY OF DENTON. DENTON COUNTY, TEXAS. AND
BEING PART OF A 273.609 ACRE TRACT OF LAND, CONVEYED AS TRACT 1 TO
LUMBERMEN’S INVESTMENT CORPORATION, (NOW KNOWN AS FORESTAR USA
REAL ESTATE GROUP, INC., BY AFFIDAVIT RECORDED IN COUNTY CLERK’S FILE
NO. 2006-66825, OFFICIAL PUBLIC RECORDS, DENTON COUNTY, TEXAS), BY DEED
RECORDED N COUNTY CLERK’S FILE NO. 2005-116256, OFFICLAL PUBLIC
RECORDS, DENTON COUNTY, TEXAS, SAID 7.139 ACRE TRACT, WITH BEARING
BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH
CENTRAL ZONE, NAD83(NAD83 2011, EPOCH 2010), DETERMINED BY GPS
OBSERVATIONS BETWEEN JULIAN DAY 253, 2004 AND JULLAN DAY 259, 2004,
CALCULATED FROM DALLAS CORS ARP (PID-DF8984) AND DENTON CORS ARP
(PID-DF8986), BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING AT A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED
"JACOBS“ SET FOR THE NORTHEAST CORNER OF LOT 53, BLOCK 14, THE
PRESERVE AT PECAN CREEK, SECTION G, PHASE II, AS RECORDED IN CABINET W,
SLIDE 848 (AMENDED IN CABINET X, SLIDE 215), OFFICIAL PUBLIC RECORDS,
DENTON COUNTY, TEXAS, AND BEING IN THE WEST RIGHT-OF-WAY LINE OF
LAKEVIEW BOULEVARD (AN 80’ RIGHT-OF-WAY) AS RECORDED IN CABINET U,
SLIDE 240, OFFICLAL PUBLIC RECORDS, DENTON COUNTY, TEXAS;
THENCE ALONG A NORTH AND EAST LINE OF SAID THE PRESERVE AT PECAN
CREEK, SECTION G, PHASE II, THE FOLLOWING COURSES AND DISTANCES:
NORTH 57 DEGREES 25 MINUTES 45 SECONDS WEST, A DISTANCE OF 219.03
FEET TO A 1/2” IRON ROD WITH A PLASTIC CAP FOUND FOR THE MOST
NORTHERLY NORTHEAST CORNER OF LOT 32, BLOCK 14. OF SAID THE
PRESERVE AT PECAN CREEK, SECTION G, PHASE II;
SOUTH 88 DEGREES 44 MINUTES 43 SECONDS WEST, A DISTANCE OF 60.05
FEET TO A 1/2” IRON ROD WITH A PLASTIC CAP FOUND FOR THE
SOUTHEAST CORNER OF LOT 22, BLOCK 14. OF SAID THE PRESERVE AT
PECAN CREEK, SECTION G, PHASE 11;
NORTH 00 DEGREES 28 MINUTES 57 SECONDS EAST, PASSING AT A
DISTANCE OF 364.73 FEET A 1/2” RON ROD WITH A PLASTIC CAP FOUND
FOR THE NORTHEAST CORNER OF LOT 20, BLOCK 14, THE COMMON
SOUTHEAST CORNER LOT 10, BLOCK 14, AND THE COMMON SOUTHEAST
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CORNER OF LOT 9, BLOCK 14, OF SAID THE PRESERVE AT PECAN CREEK.
SECTION G, PHASE II, AND PASSING AT A DISTANCE OF 535.22 FEET A 1/2”
IRON ROD WITH A PLASTIC CAP FOUND FOR THE NORTHEAST CORNER OF
LOT 9, BLOCK 14, AND THE COMMON SOUTHEAST CORNER OF LOT 8,
BLOCK 14, OF SAID THE PRESERVE AT PECAN CREEK, SECTION G, PHASE II,
FOR A TOTAL DISTANCE OF 747.56 FEET TO A 5/8" IRON ROD WITH A
YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE NORTHEAST
CORNER OF LOT 7, BLOCK 14, OF SAID THE PRESERVE AT PECAN CREEK.
SECTION G, PHASE II, AND BEING IN THE SOUTH LINE OF EDWARDS ROAD
(A 50’ RIGHT-OF-WAY), AS RECORDED IN THE PRESERVE AT PECAN CREEK,
SECTION N, PHASE 1, CABINET X, SLIDE 190, OFFICLAL PUBLIC RECORDS OF
DENTON COUNTY, TEXAS, AND THE BEGINNTNG OF A NON-TANGENT
CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 27 DEGREES 17
M[NUTES 58 SECONDS, A RADIUS OF 970.00 FEET, AND A CHORD THAT
BEARS SOUTH 83 DEGREES 32 MINUTES 52 SECONDS EAST A DISTANCE OF
457.81 FEET;
THENCE ALONG SAID NON-TANGENT CURVE TO THE RIGHT AND THE SOUTH
RIGHT-OF-WAY LINE OF SAID EDWARDS ROAD, THE FOLLOWING COURSES AND
DISTANCES :
AN ARC DISTANCE OF 462.17 FEET TO A 5/8" IRON ROD WITH A YELLOW
PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER;
SOUTH 69 DEGREES 53 MINUTES 52 SECONDS EAST, A DISTANCE OF 27.09
FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED
"JACOBS" SET FOR THE SOUTHWEST INTERSECTION OF SAID EDWARDS
ROAD AND AFORESAID LAKEVIEW BOULEVARD, AND THE BEGINNING OF
A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 06
DEGREES 07 MrNUTES 42 SECONDS, A RADIUS OF 1540.00 FEET, AND A
CHORD THAT BEARS SOUTH 15 DEGREES 33 MINUTES 02 SECONDS WEST A
DISTANCE OF 164.64 FEET;
THENCE ALONG THE WEST RIGHT-WAY LINE OF SAID LAKEVIEW BOULEVARD
THE FOLLOWING COURSES AND DISTANCES:
ALONG SAID NON-TANGENT CURVE TO THE LEFT AN ARC DISTANCE OF
164.72 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED
’'JACOBS" SET FOR CORNER;
SOUTH 12 DEGREES 29 MINUTES 11 SECONDS WEST, A DISTANCE OF 300.70
FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED
’'JACOBS" SET FOR CORNER AND THE BEGINNING OF A TANGENT CURVE
TO THE RIGHT HAVING A CENTRAL ANGLE OF 16 DEGREES 28 MINUTES 44
SECONDS, A RADIUS OF 1310.00 FEET, AND A CHORD THAT BEARS SOUTH
20 DEGREES 43 MINUTES 33 SECONDS WEST A DISTANCE OF 375.47 FEET;
s,\Planning\Projects\2019 Cases\PDA19-OO04 Preserve at Pecan Creek J&K Amendment\Ordinance\WFXN2220BY02 SEC-.docx
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ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC DISTANCE OF 376.77
FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED
AREA OF 7.139 ACRES OF LAND.
S:\Planning\Projects\2019 Cases\PDAr9-0004 Preserve at Pecan Creek J&K Amendment\Ordinance\WFXN2220BY02 SEC-.docx
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