2000-131ORDINANCE NO ~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM
AN AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION
TO PLANNED DEVELOPMENT 179 (PD 179) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR 47 3 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF
MCKINNEY STREET (FM 426), APPROXIMATELY 3,000 FEET EAST OF THE
INTERSECTION WITH TRINITY ROAD, PROVIDING FOR THE APPROVAL OF A
CONCEPT PLAN FOR 47 3 ACRES, PROVIDING FOR A SEVERABILITY CLAUSE,
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR
VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-046)
WHEREAS, Paul Spmn, on behalf of Dieter Schwartz, has applied for a change in zoning
for 47 3 acres of land from an Agricultural (A) zomng district classification and use designation to
a Planned Development (PD) zoning district classification and use designation, and
WHEREAS, on October 20, 1999, the Planning and Zoning Commission recommended
approval of the requested change in zomng, and
WHEREAS, the City Council finds that the change in zoning will be consistent with the
1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management
Strategies and Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the zoning district classification and use designation of the 47 3 acre
property described in the legal description attached hereto and incorporated herren as Exhibit A is
changed from an Agricultural (A) zoning district classification and use designation to Planned
Development 179 (i'D 179) zoning district classification and use designation with the approval of
the concopt plan attached hereto as Exhibit B and incorporated herein by reference under the
comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions
1 Slreet and transportation improvements shall be constructed m accordance with the
phasing plan attached hereto and incorporated herein by reference as Exhibit C
2 75% per cent of the exterior of all buildings shall consists of qualified masonry
products
3 No more than 50% of all homes on lots of 7000 square feet or more shall have front
er)try garages
4 That a nummum of 3 5 acres of the property described herein is reserved as private
open space, wbach is easily accessible to all residents of the neighborhood
S~ECTION 2 That the City's official zoning map is amended to show the change in zoning
district classification
~ That any person wolatlng any provision of th~s ordinance shall, upon
conwct~on, be fined a sum not exceeding $2,000 00 Each day that a prowslon ofth~s ordinance is
wolated shall constitute a separate and rhstmct offense
SECTION 4 That ffany section, subsection, paragraph, sentence, clause, phrase, word, or
prows~ons of th~s ordinance shall be adjudged lnvahd or held unconstitutional, the same shall not
affect the vahd~ty ofth~s ordinance as a whole or part or provm~ons hereof, other than the part so
dec~ded to be mvahd or tmconmtutlonal, and the C~ty Cotmml of the Caty of Denton, Texas hereby
declares at would have enacted such remtumng portions despite any such vahd~ty
SECTION 5 That th~s ordinance shall become effective fourteen (14) days from the date
of its passage, and the C~ty Secretary ~s hereby d~rected to cause the caption of this ordinance to be
pubhshed twice m the Denton Record-Chromcle, a dmly newspaper published m the City of Denton,
Texas, w~thm ten (10) days of the date of~ts passage
PASSED AND APPROVED ttus the ~]~ day of _ff~~ ,2000
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By ~
Page 2
EXHIBIT A
Field Notes for 47.3 ACRE TRACT south of McKinney Street (F.M. 426)
All that certain 47 300 acre tract or parcel of land s~tuated ~n the William Durham Survey, Abstract
Number 330, Denton County, Texas, sa~d tract being all of a called "Tract Ii' conveyed to
McKInney Denton Property, L P, a Texas limited partnership, by deed recorded in Volume 3128,
page 0996 of the Real Property Records of Denton County, Texas, sa~d 47 300 acre tract being
more particularly described as follows
Beg~nmng at a found %" Iron Rod at the occupied southwest comer of the here~n desc~bed tract,
said comer being South 86°55'27" East 7 0 feet from a Corps of Engineers monument marked P-
250-W,
THENCE North 3°58' 25" East w~th the occupied West I~ne of sa~d McKmney Denton Tract and
generally with a fence a distance of 2,340 84 feet to a found %" ~rcn rod for the occupmd
northwest corner of the herein described tract on a circular curve concave to the Southwest and
hawng a radius of 610 61 feet and a tangent beanng of South 55· 26' 27" East,
THENCE run along the arc of smd circular curve through a central angle of 8° 19' 16" for a
dmtance of 88 68 feet to a found %" Iron Rod,
THENCE South 460 46' 12" East ~n the south line of McK~nney Street (Old McK~nney Road) as
described by deed ~n Volume S, page 366 Deed Records, a dmtance of 955 59 feet to a found
Iron Rod,
THENCE South 470 27' 12" East with sa~d McK~nney Street a dmtance of 315 62 feet to a found
~" Iron Rod,
THENCE South 1° 58' 17" West with the east I~ne of sa~d McK~nney Denton tract and generally
w~th a fence a dmtanca of 1,472 35 feet to a Corps of Engineers monument marked P-250-C-W
for the southeast corner of the herein described tract,
THENCE North 86°55' 27" West with the south I~ne of sa~d McK~nney Denton tract and generally
w~th a fence a dmtance of 1,111 07 feet to the POINT OF BEGINNING, conta~mng In all 47 300
acres of land, more or less
EXHIBIT B
(ET])
Dieter Schwartz
· g u.s.~, do Ng & R.I' Propem~s,
! PO Box 941
(~re~nsburg, PA 15601
Developer'
Tetra Barn, Inc
mi 700 ~ew Blvd.
Denton, TX 762O7
972-410-5000
PO ~ ~0731
/~tml, 'IX 76206
~ Bxisl/ng Zone
8 S.F.~'O0
Lakeview Ranch
Denton, Texas
I Trajy~c Impact Study- Addendum
Lakevt~w Ranch - Denton, Texas
Table 1
Traffic Design-Generated Roadway Improvements
March 28, 2000
Ahgnment I Ahgnment 2
By End of Stage.. Trtmty Road Inter~or Development Route
(No access to Mills Road) (No access to Mills and Tr~mty)
Build 2 lanes of Lakcview from US 380 to Build 2 lanes of Lakevtew from US 380 to
I Cooper Creek Brid~e (DONE) Cooper Creek Brld~e (DONE)
(3% or Cul de sac Trinity north of Cooper Bridge Cul de sac Trinity north of Cooper Bridge
50 platted lots)
(10% or Signalize US 380 at Lakeview Signalize US 380 at Lakevlcw
(25% is developer's r*sponsibihty) (25% is developer's responsibility)
Let construction contract for 2 lanes of
permanent Cooper Creek Brid~e Build 2 lanes of Lakeview to McKmney
3 Build Residential Road through Route trucks via US 380 for northern
(25% or development (as development proceeds) development and McKmney for southern
437 platted lots) development
Let construction contract for 2 lanes of
permanent Cooper Creek Brld~e
Assume McKmney will be under Build 2 lanes of permanent Cooper Creek
construction (TxDOT)I Brld~e
Rebuild Trinity from Cooper Creek Bridge Construct temporary connection between
4 to McKmney (rural standards) Trinity and Mills
(44% or Widen SB approach to 2-lanes on Trinity Provide ROW for future connections from
at McKinney Trinity and Mills to Lakeview
757 platted lots) Build 2 lanes of permanent Cooper Creek Prowde left-turn lanes on McKmney at
Brid~e Lakev~ew (TxDOT)~
Complete Residential Road to McKmney,
include a 2-lane approach at McKmne¥
Provide Left-turn lanes on Trinity at
5 Residential Road
(64% or 1,097
platted lots) Provide Left-turn lanes on McKmney at
Trinity (TxDOT) 1
6
Provide Left-turn lanes on McKinney at
(84% or
Residential Road (TxDOT) ~
1~445 platted lots)
7 Prowde escrow money for future
(100% or All improvements completed connections from Trinity and Mills to
Lakevlew
1,717 platted lots) All ~mprovements completed
i IfTxDOT does not complete the improvement by the t~me noted, the developer will be held responsible for his/her portion of
the improvement cost or the rate of development will need to be adjusted until the road improvement is completed by others
Innovative Transportatton Solutions Inc