2003-166ORDINANCE NO. ~:,~gT~,ff---/~ ~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCES 91-034,
99-317, AND 2002-147 TO APPROVE A NEW CONCEPT PLAN FOR THE PLANNED
DEVELOPMENT 139 (PD-139) ZONING DISTRICT AND LAND USE CLASSIFICATION,
COMMONLY KNOWN AS THE VINTAGE, TO PROVIDE FOR A PRIVATE SCHOOL AND A
REDUCTION OF SINGLE-FAMILY LOTS ON AN APPROXIMATE 401 ACRE PORTION OF
SAID PD139; PROVIDING FOR A SAVING CLAUSE; PROVIDING FOR A PENALTY IN
THE MAX]MUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0010)
WHEREAS, on March 5, 1991, by Ordinance 91-034 the City Council approved a change in
zoning for 450.6 acres of land to Planned Development 139 (PD-139) zoning district, as more
particularly described therein; and
WHEREAS, on September 7, 1999, by Ordinance 99-317 the City Council approved an
amendment to the Concept Plan of Plarmed Development 139 (PD-139) zoning district, as more
particularly described therein, and
WHEREAS, on May 14, 2002, by Ordinance 2002-147 the City Council approved an
amendment to the Concept Plan of Planned Development 139 (PD-139) zoning district, as more
particularly described therein, and
WHEREAS, Denton CJW Partner, Ltd, has applied for an amendment to the concept plan for
Planned Development 139 (PD-139) containing 401.23 acres of land; and
WHEREAS, On May 14, 2003, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommend approval with conditions of the requested amendment to
the concept plan; and
WHEREAS, the City Council finds that the amendment to the concept plan is consistent with
the Comprehensive Plan; NOW, THEREFORE,
THE cOUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Ordinances No. 91-034, No. 99-317, and No. 2002-147 are hereby amended as
to approximately 401 acres of Planned Development District 139 as more particularly described in
Exhibit "A" attached hereto and made a part hereof by reference (the "Property") to approve the
rezoning of the Property by approving a new concept plan attached hereto and made a part hereof by
reference as Exhibit "B", subject to the following conditions:
The l'mal plat of the area designated as "private school" will not be approved until all the
offsite right-of-way for Vintage Blvd., from Bonnie Brae to US 377 is conveyed to the City,
free of encumbrances.
2. A Certificate of Occupancy (CO) will not be issued for a private school until either Bonnie
Brae is closed to traffic or flood-gates are installed on Bonnie Brae north of Vintage Blvd.-
to be determined by the City.
Notwithstanding any dimensions shown on the Detailed Plan to the contrary, all on-site and
perimeter right-of-way for Vintage Blvd. shall have a minimum width of 120 feet, except for
such additional right-of-way that is required for sidewalks, mm lanes, intersections, and the
like. All right-of-way for Bonnie Brae shall comply with the requirements as set forth in the
Denton Development Code.
Notwithstanding any dimensions shown on the Detailed Plan to the contrary, all water lines
shall be sized to provide adequate flow in accordance with the provisions set forth in the
Denton Development Code.
SECTION 2. The provisions of this ordinance as they apply to the amendments herein
approved, shall govern and control over any conflicting provisions of Ordinances No. 91-034, No.
99-317, and No. 2002-147, but all the provisions of Ordinances No.91-034, No. 99-317and No.
2002~147 as they apply to the regulations of the district not herein amended, shall continue in force
and effect and shall apply to the remainder of said district.
SECTION 3. A copy of this ordinance shall be attached to Ordinances No. 91-034, No. 99-
317, and No. 2002-147 showing the amendment herein approved.
SECTION 4. 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 5. 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 6. That 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 ~/~ day of
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
2003.
EULINEBROCK, MAYOR
APPROVED AS TO LEGAL F~ORM:
BY: - *- --- / / -
Page 2
EXHIBIT A
Ail of the James Edmonson Survey, Abstract No. 401 and the James L. Harris Survey,
Abstract No. 555 and a part of the S. A. Pritchett Survey, Abstract No. 1021, situated
about 4 miles south 35 degrees west from the courthouse in Denton County, Texas; and
embracing all of Parcel No. 1 described in the deed to Denton CJW Partners, LTD.,
recorded in Clerks Document No. 98-R0036601 of the Denton County, Deed Records.
Beginning at the southeast comer of said James Edmonson Survey in the middle of a
County Road for the southeast comer of said Parcel No. 1, from which an 8" pipe post
bears north 88 degrees-50 minutes 30~seconds west 30-5/10 feet.
Thence north 88 degrees-50 minutes-30 seconds west, to and along a fence for the south
line of said Parcel No. 1, a distance.of2658-69/100 feet to a 1" iron on the west side of a
comer post of a fence, for the southwest comer of said Edmonson Survey and the
southeast comer of said S. A. Pritchett Survey and southerly southwest comer of said
Parcel No 1.
Thence north no degrees-33 minutes-20 seconds east, along the common line of said
Edmonson and Pritchett Surveys for the southerly west line of said Parcel No. 1, a
distance of 2217-66/100 feet to a 1" iron on the east side of an old 10" Oak corner post of
a fence for a reentrant comer of said Parcel No. 1.
Thence north 89 degrees-06 minutes-19 seconds west, along a south line of said Parcel
No. 1, a distance of I997-71/100 feet to a 1" iron for the westerly southwest corner of
said Parcel No. 1 and the southerly southeast comer of the 42-526/i000 acres tract
described in the deed to the State of Texas for highway right of way recorded in volume
529, page 538 of the said Deed Records.
Thence northerly along the westerly line of said Parcel No. 1 and easterly line of said
State of Texas tract:
north 27 degrees-24 minutes east, 67-4/10 feet to a 5/8" iron set;
north 30 degrees-30 minutes~19 seconds east, 599-93/100 feet to a damaged
highway monument;
north 77 degrees-36 minutes-05 seconds east, 312-4/10 feet to a highway
monument;
north 27 degrees~46 minutes-04 seconds east, 644-48/100 feet to a highway
monument;
north 17 degrees-40 minutes-05 seconds west, 183-48/100 feet to a damaged
highway monument;
north 62 degrees-19 minutes-40 seconds west, 138-75/100 feet to a highway
monument;
north 27 degrees-26 minutes-28 seconds east, 425-07/100 feet to a highway
monument;
north 22 degrees-24 minutes-56 seconds east, 100-27/100 feet to a damaged
highway monument;
north 27 degrees-39 minutes-15 seconds east, 1271-27/100 feet to a 1" iron in the
north line of said Pritchett Survey and for the northwest comer of the said Parcel
No. 1.
Thence south 89 degrees-01 minutes-54 seconds east, along the said north line of
Pritchett Survey, to and along the north line of said Harris Survey, for the north line of
said Parcel No. 1, a distance of 3059-35/100 feet to a 1" iron for the northeast comer of
said Harris Survey and said Parcel No. 1.
Thence south no degrees-07 minutes-20 seconds west, to and along the said middle of
County Road, being along the east line of said Harris Survey, to along the east line of
said Edmonson Survey for the east line of said Parcel No. 1, a distance of 5300-12/100
feet to the place of beginning and containing 401-203/100 acres of which 3-96/100 acres
lie within said County Road, leaving 397-243/1000 acres exclusive of said Road.
Basis for bearings is deed call along the east line of Parcel No. 1.
Exhibit B
AMENDED
CONCEPT PLAN
THE VINTAGE
A MASTER PLANNED COMMUNITY
DENTON, TEXA~
A