PDA22-0004aORDINANCE NO. PDA22-0004a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DETAILEDPLAN FOR 7.2 ACRES OF LAND IN SECTIONS J & K OF THE PRESERVE AT PECANCREEK (PD - 132), GENERALLY LOCATED AT THE SOUTHWEST CORNER OFLAKEVIEW BOULEVARD AND EDWARDS ROAD, IN THE CITY OF DENTON, DENTONCOUNTY, TEXAS; ADOPTrNG AN AMENDMENT TO THE CITY’S OFFICIAL ZONINGMAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FORVIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTiVE
DATE. (PDA22-0004a; The Preserve at Pecan Creek J & K Amendment)
WHEREAS, Forestar Real Estate Group, Inc. applied for an amendment to the detailed
plan to modify the development standards in Sections J & K of Planned Development 132 (PD-132) on approximately 7.2 acres of land legally described in Exhibit “A,” attached hereto and
incorporated herein by reference (hereinafter, the “Property”) to; 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 Planned Development 132 (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 Planned Development 132 (PD
132) zoning district and a detailed plan for 184.2 acres of land, including the Property, as moreparticularly described therein; and
WHEREAS, on November 17, 1998, the City Councils adopted Ordinance 98-394,
approving an amendment to the concept plan of Planned Development 132 (PD 132) zoning
district and a detailed plan for 427.616 acres of land, including the Property, as more particularlydescribed therein; and
WHEREAS, on September 1, 2020, the City Council adopted Ordinance PDA19-OO04d,
approving an amendment to the concept plan of Planned Development 132 (PD 132) zoning
district and a detailed plan for 7.2 acres of land, including the Property, as more particularly
described therein; and
WHEREAS, on January 11, 2023, 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 (6- 1) of the request; and
WHEREAS, on February 7, 2023, the City Council likewise conducted a public hearing as
required by law, and finds that the request meets and complies with all substantive and proceduralstandards for a Detailed Plan Amendment set forth in Section 2.7.3.D of the 2019 Denton
Development Code; 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 Detailed Plan for PD-132 is hereby approved as shown in Exhibit “B”:
SECTION 3. The Detailed Plan is approved with the following requirements, which will
be incorporated as requirements of PD 132 Sections J and K:
Proposed Use
Maximum Number of Dwelling UnitsMinimum Lot Size
Maximum Densit
Minimum Common Area/Open Space
Maximum Building Height
Required Number of Parking Spaces
Maximum Building Covera–ge
Front Building Line
e
Side Building Setback adiacent to a street
Rear Building Setback
Nejghborhood Street Trees
Arterial/Open Space Street Trees
Detached Singje-Famil
21
6,600 square feet
3 dwelling units per acre1.7 acres
2.5 stories
4 per dwelling unit (2 within garage55%
20 feet
5 feet
10 feet
20 feet
One 3” caliper planted every 30 feet
Total twenty-tvvo 3” caliper trees distributed
along the existing Edwards Road andLakeview BoulevardLakeview Boulevard: Brick thin wall with
columns every 10 feetEdwards Road: Board on board wood with
brick columns every 30 feet
Perimeter Fencing
SECTION 4. The provisions of this ordinance, as they apply to PD-132 Sections J & K
shown in Exhibit B are herein approved and shall govern and control over any conflicting provision
of Ordinance Nos. 88-166, 89- 101, 98-394 and PDA19-00C)4d, but all provisions of Ordinance
Nos. 88- 166, 89- 101, 98-394, and PDA 19-0004d 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 PDdistrict
Page 2 of 4
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.
Th, m,ti,„ t, ,pp„,g thi, „di„,„„ w„ m,d, by B,\' ny\ B.ct< ,„d
seconded by a, k. B7t J , the or) d bythe following vote [3 - b :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:,//
//
Vicki Byrd, District 1 :
Brian Beck. District 2:
Jesse Davis, District 3 :
VACANT. District 4:
Brandon Chase McGee, At Large Place 5 :7/
-1*'
Chris Watts, At Large Place 6:
PASSED AND APPROVED this the day of _, 2023.
ATTEST:
ROSA RIOS, CITY SECRETARY
4? -_ aB;p .,
Page 3 of 4
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
ppFth@\ /f \AL4M \: : : : :: Tlr : : : 2 3 :0 1BY: J w -06'oo’
Page 4 of 4
Exhibit A
Legal Description
Page 5 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, ANDBEING PART OF A 273.609 ACRE TRACT OF LAND, CONVEYED AS TRACT 1 TOLUMBERNIEN’S INVESTMENT CORPORATION, (NOW KNOWN AS FORESTAR USAREAL ESTATE GROUP, INC., BY AFFIDAVIT RECORDED IN COUNTY CLERK’S FILE
NO. 2006-66825, OFFICIAL PUBLIC RECORDS, DENTON COUNTY, TEXAS), BY DEEDRECORDED IN COUNTY CLERK’S FILE NO. 2005-116256, OFFICIAL PUBLICRECORDS, DENTON COUNTY, TEXAS, SAID 7.139 ACRE TRACT, WITH BEARINGBASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES. NORTH
CENTRAL ZONE, NAD83(NAD83 2011, EPOCH 2010), DETERMINED BY GPSOBSERVATIONS BETWEEN JULIAN DAY 253, 2004 AND JULIAN DAY 259, 2004,
CALCULATED FROM DALLAS CORS ARP (PID-DF8984) AND DENTON CORS ARP(PID-DF8986), BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDSAS 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. THEPRESERVE 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, OFFICIAL PUBLIC RECORDS, DENTON COUNTY, TEXAS;
THENCE ALONG A NORTH AND EAST LINE OF SAID THE PRESERVE AT PECAN
CREEK, SECTION G, PUASE II, THE FOLLOWING COURSES AND DISTANCES:
NORTH 57 DEGREES 25 MINUTES 45 SECONDS WEST, A DISTANCE OF 219.03FEET TO A 1/2” IRON ROD WITH A PLASTIC CAP FOUND FOR THE MOSTNORTHERLY NORTHEAST CORNER OF LOT 32, BLOCK 14, OF SAID THEPRESERVE AT PECAN CREEK, SECTION G, PHASE II;
SOUTH 88 DEGREES 44 MINUTES 43 SECONDS WEST, A DISTANCE OF 60.05FEET TO A 1/2” IRON ROD WITH A PLASTIC CAP FOUND FOR THE
SOUTHEAST CORNER OF LOT 22, BLOCK 14, OF SAD THE PRESERVE ATPECAN CREEK, SECTION G, PHASE II;
NORTH 00 DEGREES 28 MINUTES 57 SECONDS EAST, PASSING AT ADISTANCE OF 364.73 FEET A 1/2” IRON ROD WITH A PLASTIC CAP FOUNDFOR THE NORTHEAST CORNER OF LOT 20, BLOCK 14, THE COMMONSOUTHEAST CORNER LOT 10, BLOCK 14, AND THE COMMON SOUTHEAST
S:\Planning\Projects\2019 Cases\PDA19-0004 Preserve at Pecan Creek J&K Amendment\Ordinance\WFXN2220BY02 SEC-.docx
Page 1 of 3
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 AYELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE NORTHEASTCORNER 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, OFFICIAL PUBLIC RECORDS OFDENTON COUNTY, TEXAS, AND THE BEGINNING OF A NON-TANGENTCURVE TO THE RIGHT RAVING A CENTRAL ANGLE OF 27 DEGREES 17MINUTES 58 SECONDS, A RADIUS OF 970.00 FEET, AND A CHORD THATBEARS 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 LrNE OF SAID EDWARDS ROAD, THE FOLLOWING COURSES ANDDISTANCES :
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 27.09FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED
"JACOBS" SET FOR THE SOUTHWEST INTERSECTION OF SAID EDWARDSROAD AND AFORESAID LAKEVIEW BOULEVARD, AND THE BEGINNING OFA NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 06
DEGREES 07 MINUTES 42 SECONDS. A RADIUS OF 1540.00 FEET. AND ACHORD 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 BOULEVARDTHE FOLLOWING COURSES AND DISTANCES:
ALONG SAID NON-TANGENT CURVE TO THE LEFT AN ARC DISTANCE OF164.72 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED
"JACOBS" SET FOR CORNER;
SOUTH 12 DEGREES 29 MINUTES 1 1 SECONDS WEST, A DISTANCE OF 300.70FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED"JACOBS'’ SET FOR CORNER AND THE BEGINNING OF A TANGENT CURVETO THE RIGHT HAVING A CENTRAL ANGLE OF 16 DEGREES 28 MINUTES 44SECONDS, A RADIUS OF 1310.00 FEET, AND A CHORD TnAT BEARS SOUTH20 DEGREES 43 MINUTES 33 SECONDS WEST A DISTANCE OF 375.47 FEET;
S:\Planning\Projects\2019 Cases\PDA19-0004 Preserve at Pecan Creek J&K Amendment\Ordinance\WFXN2220BY02 SEC-.docx
Page 2 of 3
ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC DISTANCE OF 376.77FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATEDAREA OF 7.139 ACRES OF LAND.
S:\Planning\Projects\20r9 Cases\PDAr9-0004 Preser„e at Pecan Creek J&K Amendment\Ordinance\WFXN2220BY02 SEC-.docx
Page 3 of 3
Exhibit B
Detailed Plan
Page 6 of 4
nI O+3 erac/cz/Ir auu HPS '-4q gg w's lbp'no3+eoo\+nu+uuq CN\rgu 4nquqwd gre\owl on
§#§§§§§##§§§\CLLILLIacC)
NIv:IE
ggd
1 8
Lb
cr)C)Zg
<0(a
LL0XLLIaZ
!!!!!!!!!!gi iii:giiiiiiiiii iiiii
r;3
B
dZ
!
8a
Eli
LLInca
a
<
:
i
g g g8:a
SE
(a dZ
UC)
UZ
Fc
LLI
>0
:<(ac
ELgg
iB
gi5
by
gn/
HI
8
i
Uri +ddNdd9£ = = =liFt t LLI
=E
gqq
8i
I
I
I
I
I
!iii;:i g
i'LF\I
b.
a
I \\ \\
.i.b, i_ :SJ
I
b__jXV /B I
I
IL
b I
,i I
I#- 1 B
$
#
I
I
II
I
I
;.~\/
I
I
I
r&:
I
I
I
_____I
I
I
#V o+:6 tna/n/ Lb 'wu a"'s "gq Xo P'-'s 6-Played >Fht am\ InuOnbW ad\+'Id 4'ay-emd SIt\OWI m+\trm\aNrl-xLN\:s :bw'JO
PqX gu E
B p =Q 3 gF, _. q
gA
a)
Ig<(1lig
Z
Lanca
p R E
/ }{
8
PS
E
q
by
g
al
E
1IYg g i
F-
LLI
=F-
tItIIi.db
III 'tf)
In .OZ I
] ;gI2 !!!igCEU)
d;thili:PI \V iii iii Ind.8 -+4
IIIf,'(Eal:nS@HlaIS/N'a+=\?(e
//.///'-
Un
b
R >\U
fC++b-ii iF//.La!a#7Si
a
/laI
,P'8 }:B
g&:a 81
iILI/&
fu 'e
' Ii
&<P/
a
: ’ I inIE g :
aMI
II MLaI Sleg'{}IIIII
Ti
:8 :I'1IIIIlung=Lung= = J
iii J0
gig
;/ SJ
9
g 1] IHS IB –ma_M/