2001-189ORDINANCE NO JX1- 10
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 98-
394 AND 98-395, TO PROVIDE A CHANGE IN THE REQUIRED TRANSPORTATION
IMPROVEMENTS FOR THE PLANNED DEVELOPMENT 132 (PD-132) ZONING
DISTRICT AND LAND USE CLASSIFICATION, PROVIDING A SAVINGS CLAUSE,
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,00000 FOR
VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-0 1-0003)
WHEREAS, on November 17, 1998, by Ordinance 98-394, the City Council approved an
amended Concept Plan for 427 616 acres located in the Planned Development (PD-132) Zoning
District, as more particularly described therein, and
WHEREAS, on November 17, 1998, by Ordinance 98-395, City Council approved a
Detailed Plan for 138 9 acres of the aforementioned Planned Development (PD-132) Zoning
District, and
WHEREAS, both Ordinance 98-394 and 98-395 contained a schedule of required
transportation improvements to be executed as the development progressed, and
WHEREAS, on March 27, 2001, The Preserve at Pecan Creek Partners, Ltd submitted a
request to revise the scope and phasing of those required transportation improvements through an
amendment to the Concept Plan and Detailed Plan, and
WHEREAS, on April 11, 2001, the Planning and Zoning Commission recommended
approval of the amendment, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 Ordinance No 98-394, providing for the approval of an amended Concept
Plan for the Planned Development 132 (PD-132) Zoning District Classification and Use
Designation, and Ordinance No 98-395, providing for the approval of a Detailed Plan for a
portion of the Planned Development 132 (PD-132) Zoning District Classification and Use
Designapon, are hereby amended by approving the list of required transportation amendments
attached, hereto and incorporated herein by reference as Exhibit A for the entire Planned
Development 132 (PD-132) Zoning District Classification and Use Designation, subject to the
following condition
The temporary road connection between Pockrus Page Road and Lakeview Boulevard
will remain in place until such time that the proposed extension of Edwards Road to
Lakeview Boulevard is completed
SECTION 2 The provisions of this ordinance as they apply to the transportation
requirements herein approved, shall govern and control over any conflicting provisions of
Ordinances Nos 98-394 and 98-395, but all the provisions of Ordinance Nos 98-394 and 98-395
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 Ordinance Nos 98-394 and
98-395 showing the amendment herein approved
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, official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage
/St
PASSED AND APPROVED this the day of 2001
z.,otX-
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
AP OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
PAGE2
EXHIBIT A r
The Preserve
Required Transportation Improvements
Revised 3/22/01
Trans ortation mprovement
Triggered By
1
Sngnalization of Lakeview Blvd at IH 35E Frontage Road based upon
Warrant Study
Warrant Study Approved by TxDOT
shall begin with
the Development
of Tracts A, B, and
G
2
Interim right turn lanes at Lakeview Blvd and IH 35E Frontage Road
Development of
northbound and westbound
Tract A B C or G
3
Construct Lakeview Blvd from Shady Shores Road (Old US 77) to northern
Development of
boundary of Tract A as a two-lane 26- foot back-to-back street section, 8-
Tract A or G
inch thick concrete or 10-mch thick asphalt
4
Reconstruct Lakeview Blvd from IH 35E Frontage Road to Shady Shores
Development of
Road as a 4-lane divided street, 8-mch thick concrete or 10-mch thick
Tract C, or
asphalt
Development of
Tracts A B and G
5
Construct Lakeview Blvd from the northern boundary of Tract A to the
Development of
creek bisecting Tract G as a two-lane 26-foot back-to-back street, 8-mch
Tract G
thick concrete or l0-mch thick asphalt
6
Construct Lakeview Blvd from the creek bisecting Tract G to Edwards
Development of
Road as a two-lane 26 foot back-to-back street, 8-mch thick concrete or 10-
Tract J, L, N, O, or
inch thick asphalt
P
7
Construct Lakeview Blvd from Edwards Road to the northern boundary of
Development of
The Preserve as a two-lane 26 foot back-to-back street, 8-inch thick concrete
Tract O or P
or l0-mch thick asphalt
7A
Construct Lakeview Blvd to northern most entry to Tract N as a two-lane 26
Development of
foot back-to-back street 8-mch thick concrete or 10-mch thick asphalt
Tract N
8
Complete Lakeview Blvd as a 4-lane divided road (two 26-foot back-to-
Completion of
back sections with a minimum 14 foot wide median) from Shady Shores
Edwards Road and
Road to Edwards Road, 8-mch concrete or 10-mch asphalt
Development of
Tracts H I and J
9
Disconnect Swisher Road north of Tract B
Development of
Tract A B or G
10
Reconstruct Swisher Road from Shady Shores Road to the northern
Development of
boundary of Tract B as a two-lane rural road section, 6" thick Road width
Tract B
shall be 24' unless documentation shows substantial disruption or potential
destruction of existing tree cover is likely to occur In this instance, an
alternate road section to be no less than 20' wide shall be em loved
1 I
Widen and improve Shady Shores Road to provide separate left-turn lane at
Development of
main entrance to Tract C and Old US 77 providing a 36 foot wide, 6-mch
Tract C
thick rural section road with transitions
12
Widen and improve Old US 77 for approximately 500 feet in each direction
Development of
from Lakeview Blvd 36 feet wide, 6-inch asphalt or concrete to provide left-
Tract C
turn lanes with transitions
13
Right turn lane (eastbound) on Lakeview Blvd at Old US 77
Development of
Tract C
14
Construct Edwards Road between Swisher Road and Lakeview Blvd as a
Development of
36-foot back-to-back street, 6-mch thick asphalt or concrete, with no parking
Tract L, N, or O
or direct driveway access
15
Remove Pockus Page Road between Swisher Road and Lakeview Blvd and
Development of
provide interim access by connecting Indian Paint Way to Pockrus Page with
Tract D
a 24 foot B-B 2 inch asphalt with 6 inch stabilized sub grade
15A
Remove 2 inch asphalt connection between Indian Paint Way and Pockrus
Construction of
Page Road
Edwards Road
16
Construct access to Tracts H and I from Lakeview Blvd as a 26-foot back-
Development of
to-back, 6-mch thick street, with no on-street parking or direct access
Tract H or I
concrete or asphalt)
17
Signalize the intersection of Lakeview Blvd and Shady Shores Road (Old
Warrant Study
US 77) when warrants are met
shall begin with
the Development
of Tract C
18
Construct remaining two-lane, 26 foot back-to-back street, 8 inch thick
Development of
concrete or 10 inch thick asphalt from Edwards Road to northern property
last Tract among
line boundary
N O or P
Notes
A nummum of 80 feet of right-of-way will be dedicated for Lakeview Blvd with an additional 10-foot right-of-way
reserved on each side for future acquisition and widening An additional 10 foot right-of-way (120 feet ultimately)
will be reserved for a distance of 250 feet each side of the following three (3) intersections to accommodate future
turn lanes
Lakeview Blvd and Shady Shores Road
Lakeview Blvd and the road to Tracts H and I
Lakeview Blvd and Edwards Road
These Transportation Improvements are based upon development of The Preserve which assumes a general south-to-
north phasing pattern Should the development pattern shift due to external influences, the list of required
Transportation Improvements shall be revised accordingly
Definition of Tract Development - Platting of any portion of the specified tract
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