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PD21-0001eORDINANCE NO. PD2 1-000 le AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE rN THEZONING DISTRICT AND USE CLASSIFICATION ON APPROXIMATELY 95.18 ACRES FROM RESIDENTIAL 4 (R4) DISTRICT TO A PLANNED DEVELOPMENT (PD) DISTRICTAND APPROXIMATELY 5.25 ACRES FROM RESIDENTIAL 7 (R7) DISTRICT TO A PLANNED DEVELOPMENT (PD) DISTRICT, TOTALING APPROXIMATELY 100.43ACRES; THE 95.18-ACRE SITE IS GENERALLY LOCATED NORTHWEST OF THEINTERSECTION OF DEERWOOD PARKWAY AND GRANT PARKWAY AND THE 5.25-ACRE SITE IS GENERALLY LOCATED NORTHEAST OF THE INTERSECTION OF NORTH LOOP 288 AND KINGS ROW, 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 FORVIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (PD2 1-000le; Kings Way) WHEREAS, Thomas Fletcher of Kimley Horn, applied on behalf of the property ownerBrown Development I LTD, for a zoning change on approximately 95.18 acres from Residential 4 (R4) District to a Planned Development (PD) District and 5.25 acres from Residential 7 (R7) District to a Planned Development (PD) District, totaling approximately 100.43 acres, legally described and depicted in Exhibit “A” (hereinafter, the “Property”); and WHEREA the laws of the S- have held due heal regard, and have 2 ra Fndel 2021 BBqled fu e ling Com:compliance with td otherwise, andinterested in this WHEREAS, on February 15, 2022, 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 zoning change to Planned Development (PD) District 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; and 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 property, 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 asset 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 zoning district and use classification for the Property is hereby changed to Planned Development (PD) District with the following conditions. The Development Standards for the Property are described in Exhibit “B” attached hereto and incorporated herein by reference, and the PD Development Plan depicting the proposed development layout for the Property is provided in Exhibits “C” attached hereto and incorporated herein by reference. Development of the Property shall be in accordance with the Development Standards in Exhibit “B” and the Development Plan in Exhibit “C”. 1. Prior to Final Plat approval for any Phase of PD21-0001e, the developer must submit civil engineering plans for public improvements in accordance with the City’s standards to serve the development. In addition to all required internal improvements, these plans shall include the following roadway improvements on Kings Row: a. b. C. A dedicated right turn lane from west-bound Kings Row to north-bound Loop2889 An 1 1-foot by 300-foot pavement section on east-bound Kings Row to create a new east-bound through lane near the intersection of Kings Row and Deerwood Parkway, and Striping for a north-bound dedicated left-hand turn onto Deerwood Parkway from Kings Row oncurrent cess with the 2. Prior to InaLBgaLt for &aseN, 31 aha h&d PD Development to Loop 288 from the development which meets the City’s minimum standards, including Fire Department standards for remoteness. SECTION 3. The City’s official zoning map is hereby amended to show the change in the zoning district and use classification. SECTION 4. If any provision of this ordinance or the application thereof to any person orcircumstance 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 5. 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 6. 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. Page 2 of 3 The motion to approve this ordinance was made by and seconded by , the ordinance was passed and approved bythe following vote L - M NJaf,Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1 : Brian Beck. District 2: Jesse Davis. District 3 : Alison Maguire. District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2022. DE ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MACK RErNWAND. CITY ATTORNEY ++F1h&\/ tWb : : ; ; B:Flr R E : 2 2 : 0 3BY. J -06’oo' Page 3 of 3 Exhibit A Legal Description FIELD NOTES 95.179 ACRES BEING all that certain lot, tract, or parcel of land situated in the J. Coltart Survey Abstract Number 288 in the City of Denton, Denton County, Texas, being a part of that certain tract of land conveyed by deed from Gerald W. Brown, Trustee to Brown Development I, Ltd. recorded under Clerk’s File Number 98-R0001683, Real Property Records, Denton County, Texas, and being all that certain tract of land conveyed by deed to Robert M. Brown recorded under Clerk’s File Number 94-R0036438, Real Property Records, Denton County, Texas, and being all thatcertain (called) 0.221 acre tract shown as collector Street R.O. W. in Deerwood, Phase II, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet L, Page 143, Plat Records, Denton County, Texas and being more particularly describedas follows: BEGINNING at a capped iron rod marked 3963 found for corner, said point being the northwest corner of Lot 1 1, Block A ofDeerwood, Phase I, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet K, Page 209, Plat Records,Denton County THENCE N OI' I THENCE N 88' d tan nR)U le• Fan iro'Fouh©gxq e THENCE S 01'’ 16’ 59” W, 457.40 feet to a capped iron rod marked RPLS 4561 set for corner in the north line of United States Loop Highway Number 288, a public roadway; THENCE N 49'’ 13’ 51” W, 746.19 feet with said north line of said U.S. Loop Highway to abroken concrete right-of-way monument found for corner; THENCE N 50'’ 37’ 36” W, 563.69 feet with said north line of said U.S. Loop Highway to abroken concrete right-of-way monument found for corner; THENCE N 58' 15’ 08” W, 460.37 feet with said north line of said U.S. Loop Highway to a broken concrete right-of-way monument found for corner; THENCE N 57'’ 37’ 27” W, 599.71 feet with said north line of said U.S. Loop Highway to acapped iron rod marked 3863 found for corner; THENCE N 52'’ 08’ 50” W, 97.75 feet with said north line of said U.S. Loop Highway to an iron rod with a yellow cap found for corner in the south line of that certain tract of land conveyed bydeed from Charles A. Reed and Harriet Reed to Charles A. Reed and Harriet Reed, Trustees of the Reed Family Living Trust recorded under Document Number 2019-8860, Real Property Records, Denton County, Texas; THENCE S 88'’ 16’ 52” E, 3811.75 feet with said south line of said Reed Family Living Trust tract to an iron rod found for corner, said point being the southwest corner of Lot 8, Block A of Oak Bend Estates, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet B, Page 230, Plat Records, Denton County, Texas; THENCE S 87'’ 56’ 31” E, 204.24 feet with the south line of said Lot 8 to a fence corner for corner, said point being the northwest corner of Lot 7 in aid Block A of said Oak Bend Estates; THENCE S 00'’ 58’ 19” W, 684.54 feet with the west line of Lots 7, 6 and 5 in said Block A of said Oak Bend Estates to an iron rod found for corner, said point being the northwest corner of Lot 1 1, Block A ofDeerwood, Phase II, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet L, Page 143, Plat Records, Denton County, Texas; THENCE S 02'’ 04’ 20” W, 910.03 feet with the west line of Lots 1 1 through 20 in said Block A of said Deerwood, Phase ii to an iron rod found for corner; THENCE along the arc of a curve to the right having a central angle of 22'’ 48’ 14”, a radius of 284.19 feet, an arc length of 1 13.11 feet, whose chord bears S 71'’ 51’ 51” W, 112.36 feet with said north line of said Grant Parkway to a capped iron rod marked Coleman found for corner inthe east line ofDeerwood Parkway, a public roadway; THENCE N 01'’ 53’ 51” E, 22.00 feet with said east line of said Deerwood Parkway to an iron rod found for corner in the north line of said Deerwood Parkway; THENCE N 87'’ 50’ 31” W, 80.00 feet with said north line of said Deerwood Parkway to an iron rod with a yellow cap found for corner; THENCE S 40'’ 19’ 26” W, 32.08 feet with said north line of said Deerwood Parkway to a capped iron rod marked RPLS 4561 set for corner in the north line of Lot 1, Block A of saidDeerwood, Phase I; THENCE N 88'’ 30’ 41” W, 979.67 feet with the north line of Lots 1 through 11 in said Block A of said Deerwood, Phase I to the PLACE OF BEGINNING and containing 95.179 acres of land. FIELD NOTES 5.247 ACRES BEING all that certain lot, tract, or parcel of land situated in the D. Culp Survey Abstract Number 287 in the City of Denton, Denton County, Texas, being all that certain tract of land conveyed by deed from Town East Apartments, Ltd. to Brown Development I, Ltd. recorded under Document Number 2011-123202, Real Property Records, Denton County, Texas and being more particularly described as follows: BEGINNING at a capped iron rod marked 4001 found for corner in the east line of that certain tract of land conveyed by deed from Gerald W. Brown, Trustee to Brown Development I, Ltd.recorded under Clerk’s File Number 98-R0001683, Real Property Records„ Denton County, Texas, said point being the southwest corner of Lot 13, Block A ofDeerwood, Phase I, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded inCabinet K, Page 209, Plat Records, Denton County, Texas; THENCE S 88'’ 31’ 49” E, 684.70 feet with the south line of Lots 13 through 20 in said Block A of said Deerwood, Phase I to a capped iron rod marked RPLS 4561 set for corner, said point being the northwest corner of Lot 26 in said Block A of said Deerwood, Phase I; THENCE S O1' 32’ 05 of said Deerwoo THENCE N 88' 4561 set for corne roadway; THENCE N 02'’ 39’ 14” W, 25.07 feet with said north line of said U. S. Loop Highway to a capped iron rod marked RPLS 4561 set for corner; THENCE N 47'’ 51’ 47” W, 286.19 feet with said north line of said U. S. Loop Highway to a fence intersection for corner, said point being the southeast corner of said Gerald W. Brown toBrown Development I, Ltd. tract; THENCE N 01'’ 20’ 29” E, 159.92 feet with said east line of said Gerald W. Brown to Brown Development I, Ltd. tract to the PLACE OF BEGINNING and containing 5.247 acres of land.