2003-167AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDED
DETAILED PLAN FOR APPROXIMATELY 110 ACRES LOCATED WITHIN PLANNED
DEVELOPMENT 139 (PD- 139) ZONING DISTRICT, INCLUDING THREE GAS WELL SITES
ON APPROXIMATELLY 21 ACRES, PRIVATE SCHOOL ON APPROXIMATELY 60 ACRES,
AND SINGLE-FAMILY RESIDENTIAL ON APPROXIMATELY 29 ACRES; THE SUBJECT
PROPERTY BEING THE PROPERTY GENERALLY LOCATED BETWEEN BONNIE BRAE
AND INTERSTATE 35W SOUTH OF THE VINTAGE BOULEVARD; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0009)
WHEREAS, Liberty Christian School has applied for an approval of a detailed plan for
approximately 110 acres as more particularly described in Exhibit "A" attached hereto and
incorporated herein by reference (the "Property") located within Planned Development 139 (PD-
139); and
WHEREAS, on May 14, 2003, the Planning and Zoning Commission concluded a public
hearing as required by law, after which it recommended approval of the detailed plan with
conditions; and
WHEREAS, the City Council finds that the detailed plan is consistent with the approved
concept plan and the Comprehensive Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Except as provided below, the detailed plan for the Property within Planned
Development 139 (PD-139) attached hereto and incorporated herein by reference as Exhibit "B" is
hereby approved, subject to the following conditions:
The fmal plat of the area designated as "private school" will not be approved until all the
offsite right-of-way for Vintage Blvd., bom Bonnie Brae to US 377 is conveyed to the City,
free of encumbrances.
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, turn 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.
Gas Well Development Plats shall be required prior to commencing gas well operations and
shall comply with Gas Well regulations in the Denton Development Code and any
subsequent amendments, thereto.
Prior to the issuance of a Gas Well Permit by the Fire Marshal, Gas well numbers 5
and 6 shall be reclaimed from the designated flood plain according to an approved
FEMA study.
b. Gas wells numbers 1, 2, 3 and 7 are denied.
SECTION 2. 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 3. 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 4. 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 ,~,~..~C day of ~/Z./~.,* ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
Page 2
Exhibit A
BEING a 123.44 acre tract located in the JAMES EDMONSON SURVEY,
Abstract
No. 401 and the JAMES L. HARRIS SURVEY, Abstract No. 555 situated about 4
miles southwest from the courthouse in Denton the county east for Denton
County, Texas; embracing a part of a 401.203 acres Tract described in the deed
to Denton CJW LTD., recorded in Clerks Document No.98-R0036601 of the
Deed Records of Denton County, Texas and described by metes and bounds as
follows.
COMMENCING at 1" iron recovered for the southeast corner of the JAMES L.
HARRIS SURVEY, Abstract No. 555 and the southeast corner of the said
401.203 acres Tract and run North no degrees 07 minutes-20 seconds East,
along the east line of said 401.203 acres Tract, 548.83 feet to the Place of
Beginning;
THENCE North 00 degrees 07 minutes 20 seconds East 2578.36 feet to a
corner;
THENCE South 89 degrees 52 minutes 20 seconds East 2597.27 feet to a
corner;
THENCE Northwesterly with the arc of a curve to the right having a radius of
1560.00 feet, (long chord beara North 89 degrees 19 minutes 02 seconds West,
40.83 feet), a distance of 40.83 feet to the end of said curve;
THENCE South 00 degrees 20 minutes 35 seconds West 862.43 feet to a
corner;
THENCE South 00 degrees 33 minutes 07 seconds West 468.08 feet to a
corner;
THENCE South 00 degrees 33 minutes 09 seconds East 657.96 feet to a corner;
THENCE Southeasterly with the arc of a curve to the left having a radius of
375.00 feet, (long chord bears South 81 degrees 33 minutes 51 seconds East,
419.57 feet), a distance of 445.27 feet to the end of said curve;
THENCE North 64 degrees 25 minutes 12 seconds East 279.83 feet to a comer;
THENCE Northeasterly with the arc of a curve to the right having a radius of
875.00 feet, (long chord bears North 75 degrees 58 minutes 39 seconds East,
350.61 feet), a distance of 353.00 feet to the end of said curve;
THENCE North 87 degrees 32 minutes 05 seconds East 635.80 feet to a corner;
THENCE Southeasterly with the am of a curve to the right having a radius of
375.00 feet, (long chord bears South 57 degrees 18 minutes 48 seconds East,
431.81 feet), a distance of 460.14 feet to the end of said curve;
THENCE South 22 degrees 09 minutes 42 seconds East 103.25 feet to a corner;
THENCE Southeasterly with the arc of a curve to the right having a radius of
625.00 feet, (long chord bears South 43 degrees 59 minutes 16 seconds East,
463.05 feet), a distance of 474.36 feet to the end of said curve;
THENCE South 65 degrees 38 minutes 51 seconds East 255.84 feet to a corner;
THENCE South 89 degrees 52 minutes 00 seconds East 49.25 feet to the Place
Of Beginning and containing some 123.44 acres of land, more or less.
Exhibit B
....................... DETAIL PLAN
...........~.,~ .. ........... AMENDING TRACTS E, K, & L (123.44 ACRES)
· .~-.~E A MASTER PLANNED COMMUNITY