2009-168sAour documents\ordinances\09\z09-0002.doc
ORDINANCE NO. 210'7 -/U/
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APROVING A DETAIL PLAN TO
ALLOW FOR 192 MULTIFAMILY HOUSING UNITS ON PROPERTY LOCATED WITHIN
A PLANNED DEVELOPMENT (THE PRESERVE PLANNED DEVELOPMENT, PD-132)
ZONING DISTRICT COMPRISING 15.645 ACRES IN SIZE BEING LOCATED 550 FEET
EAST OF OLD HIGHWAY 77, NORTH OF SHADY SHORES BOULEVARD, SOUTH OF
LAKEVIEW BOULEVARD AND WEST OF SWISHER ROAD; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $23,000.00 FOR VIOLATIONS THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE. (Z09-0002)
WHEREAS, on December 18, 1984, the City Council approved by Ordinance No. 84-180
a Planned Development District for 17.1 acres (PD-88) along Swisher Road. (Z-1694); and
WHEREAS, on December 18, 1984, the City Council approved by Ordinance No. 84-181
a Planned Development District for 49.41 acres (PD-89) north of Shady Shores Road and east of
Swisher Road. (Z-1695); and
WHEREAS, on October 18, 1988, the City Council repealed by Ordinance No. 88-166
the approved site plan and conditions applicable to PD-88 and PD-89 and approved a rezoning
for 348 acres from Agricultural (A) to Planned Development (PD) with inclusion of the 66.51
acres from PD-88 and PD-89. The newly created Southview Planned Development District (PD-
132) included concept plan approval for the entire 414.9 acres. (Z-1861); and
WHEREAS, On August 15, 1989, the City Council approved by Ordinance No. 89-101
an amended concept plan for Southview PD-132. (Z-89-003); and
WHEREAS, On December 19, 1989, the City Council approved by Ordinance No. 89-
190 an amended development phasing schedule for Southview PD-132. (Z-90-003); and
WHEREAS, On September 4, 1990, the City Council approved by Ordinance No. 90-126
an amended development phasing schedule for Southview PD-132. (Z-90-003); and
WHEREAS, On November 17, 1998, the City Council approved by Ordinance No. 98-
393 a rezoning of 15.088 acres from Agricultural (A) to Planned Development (PD-132). The
subject property was east of Swisher Road and west of the intersection of Swisher Road and
Edwards Road. (Z-98-011); and
WHEREAS, On November 17, 1998, the City Council approved by Ordinance No. 98-
394 an amended concept plan for 427.616 acres within the renamed The Preserve Planned
Development (PD-132). The subject site is located within Area C, approximately 20 acres,.
which allows for multifamily development. (Z-98-011); and
WHEREAS, On February 6, 2007, the City Council approved by Ordinance No. 2007-
031, a detail plan for 10.3 acres of Area C within PD-132 for 192 apartment units, a leasing
office and covered parking structures. (Z06-0027); and
WHEREAS, Oakwood Development & Consulting, LLC, has applied for approval of a
Detail Plan to allow for 192 multifamily dwelling units, amenity center, pool, passive pedestrian
trail and parking on approximately 15.645 acres of land within the Preserve Planned
Development (PD-132) zoning district, legally described in Exhibit "A", attached hereto and
incorporated herein by reference (the "Property") and as defined by Exhibit "B", attached hereto,
and incorporated herein by reference; and
WHEREAS, on June 17, 2009, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommend approval of the requested Detail Plan; and
WHEREAS, the City Council finds that the Detail Plan is consistent with the Denton
Plan, and Chapter 35, Article IV, of the Denton Code, as well as the previously amended
Concept Plan; 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 Detail Plan, attached hereto and incorporated herein by reference as
Exhibit "B", is hereby approved for the Property, subject to the following conditions:
1. The maximum number of dwelling units permitted by this Detail Plan shall be 192
multifamily dwelling units, an amenity center, pool, passive pedestrian trail and parking
on approximately 15.645 acres of land within Area C of PD-132.
2. The applicant shall provide a 6 foot tall wrought iron style fence along the perimeter of
the 15.645 acre site, outside of the mapped floodplain.
SECTION 3. 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 4. 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 5. 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.
PASSED AND APPROVED this the,1`yZ
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
)u 0 h )a
APPROVED AS TO LEGAL FORM:
ANITA. BURGESS, CITY ATTORNEY
Exhibit A
Being a tract of [and situated in, the Gideon Walker Survey, Abstract No 1330. City
of -Denton, Denton County, Texas, and being the rern.a'rnder of a called 25.928 acre
tract of fond as described in a General Warranty Deed to Tronscontinentol Realty
Investors; Inc., as recorded: in Instrument Number 2005-128390, of the Deed Records
of Denton County,. Texas, and also being all of Lot 2, Block A,, Preserve Al Recon
Creek Addition, on addition to the City of Denton, according to the Conveyance Blot
thereof recorded in Cabinet X, Pale 740, plat Records, Denton County, Texas and
being more particularly described by metes and. bounds as follows:
8ECfNNING at a 5/8-inch iron rod found at the most southerly southeast corner of
said Lot 2, Block. A, sold ion ro-d also being in. the north right-of-way line of
Shady Shores Road (vdriabte width R,O-W,);
THENCE leaving the northerly right-of-woy line of said Shady Shares Road, and olong,
the easterly line of Lot 1, Block A of the obovementioned addition the following
bearings and distances,
North 001.2-21" ost, a distance of 22242 feet to o 5/8-inch -iron rod found
for corner;
North $612'49" West, a distance of 300-47 feet to o 5/8-inch iron rod found
for corner;
North 12'19'19 West, ro distance of 382.46 feet to a 5/8-inch iron rod found
for corner;.
North 06`58'0$" West, a distance. of 333.42 feet to a 5/8-inch iron rod found
tar corner;
North 35`26'48" East, a distance of 1:2181 feet to o 5/8-inch iron rod found
for corner;
North 54'3.3'1 4" West, a distance of 251.60 feet to a 1/2-inch iron rod found
for corner, sold iron rod tieing in the southeriy done of o called 273.509 acre tract
of land described in a Special Warranty Deed to i umbermen's Investment Corporation,
ors recorded sn Instrument Number 2005-116256, of the Deed Records of Denta'n
County, Texas,
THENCE North 06'06'13" West, continuing :along the southerly fine of sued 273.609
acre tract of land, a distance of .r.s3>74 :tteet to a 112=inch iron roof found for
corner;
THENCE North 57'iOO'5!q' Eost, continuing adonq the southerly fire of said 2`73.609
acre tract of land; a distance of 427.68 feet to v 1 f2-inch iron rod found for the
most northerly corner of aforementioned 25.928 acre tract;
THENCE South 06'56°05° East; along the east line of said- 25.928 acre: tract and the
savtherly tine of said 2731309 acre tract, po ssing of ra distance of 33..39 feet, the
northwest corner of The Preserve of Pecan Creek, Section s; an addition to the City
of Denton., Texcos os recorded in. Cabinet T, BPS=de 1,35, Plat Records of Denton
County,. Texas, contfnuing along the east fine of said 25.928 acre tract and the west
lime of said The Preserve of Pecan Creek, Section :B, a total distance of 199.96 feet
to -O 112-inch iron rod found for corner;
THENCE in a southerly direction, continuing afong the east fine of sold 25.928 acre
tract and the west line of said The Preserve at Pecan Creek, Section 8, the
:South 04'02'14" Fast, o distance of 2:40-12 feet to a 112-inch iron rod found
for corner;
South 78'14`02" East, o distance of 3-27.12 feet to a 112-incur "Goodwin &
Morsholf" capped iron rod found for corner;
South 05'1816' Fast, a distance of 292.32 feet to a 112-inch "Goodwin 8r
Mar.shaff" capped iron rod found for corner.,
South 01'48'15" West, a distance of 335.00 'feet to a 1/2-inch iron rod found
for the southwest corner of said The Preserve at Pecan Creek, Section S;
THENCE South 86'24'57" East, along the south line of said The Preserve at Pecan
Creek, Section 8 and continuing along the east fine of said 25.928 acre tracf, a
distance of 27.44 feet to the nortdhwest corner of a tract of land conveyed to Lake
Cities Munic;pa) Utility Authority, recorded in Volume 1929. Pare 830, heed Records
of Denton, County, Texas,
THENCE South OX35`29" West, departing the south line of said The Preserve at
Pecan Creek, Section 8, Mons the West line of said. Lake Cities .1.4unicipol utility
Authority tract andcontinuing along the east line of said 2.:28 Acre trail, a
distance of 80:00 feet to the southwest corner of said Lake Cities Municipal Utility
Authority tract, same being the occupied northwest corner of Shiloh Cemetery,
THENCE South 001221" West; Wong the west line of sold Shiloh Cemetery and
continuing along the anal Pine of said 25.928 acre tract, a distance of 424.14 feet
to a 518-inch iron, rod found for a corner in the north line of Shady Shares Road
(variable width right of woy)
THENCE North 88'72'49" West] along the north fine of Shady Shores Read, a distance
of 186.41 feet to the POINT OF B Gf1\IN;tv'G and contafhing 681,484 square feet or
15.6358 acres of land, more or less.
Exhibit B
CLUBHOUSE
BUILDING TYPE 'B'
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