2000-132ORDINANCE NO ~ -' g(.~ o~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM
AGRICULTURAL (A) ZON1NG DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
408 36 ACRES OF LAND TO SINGLE-FAMILY 7 CONDITIONED (SF-7[C]) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION ON 132 55 ACRES, SINGLE-
FAMILY 10 CONDITIONED (SF-10[C]) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION ON 84 09 ACRES, AND SINGLE-FAMILY 13 CONDITIONED (SF-13[C])
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 191 72 ACRES
LOCATED BETWEEN UNIVERSITY DRIVE (HWY 380) AND MCKINNEY STREET (F M
426) IN THE PROXIMITY OF TRINITY ROAD, PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING FOR A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-072)
WHEREAS, Paul Spain, on behalf of Dieter Schwartz, has apphed for a change m zomng
for 408 36 acres of land from an Agricultural (A) zomng dmtnct classfficanon and use demgnatmn
to a S~ngle-famlly 7 (SF-7) zomng dmtnct clasmficat~on and use demgnat~on on 132 55 acres, Single-
family 10 (SF-10) zomng district clasmficatlon and use demgnanon on 84 09 acres, and S~ngle-
famdy 13 (SF-13) zomng dmtnct classification and use demgnatmn on 191 72 acres, and
WHEREAS, on October 20, 1999, the Planning and Zomng Commlsmon recommended
approval of the requested change ~n zomng, and
WHEREAS, the City Council finds that the change in zoning wall be consistent w~th the
1988 Denton Development Plan, the 1998 Denton Plan Pohmes, and the 1999 Growth Management
Strategle~ and Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the zomng district classification and use designation of the 81 71 acre
property described m the legal description attached hereto and ~ncorporated here~n as Exhibit A ~s
changed from an Agricultural (A) zonmg district classfficatlon and use demgnat~on to a Single-
famdy 7 condxt~oned (SF-7[c]) zomng dmtnct classification and use designation, that the zoning
district clasmficatton and use designation of the 61 29 acre property described ~n the legal descnptlon
attached hereto and incorporated herem as Exhibit B is changed from an Agricultural (A) zomng
d~stnct classification and use designation to a Smgle-fam~ly 10 cond~noned (SF-10[c]) zoning
district clasmficanon and use demgnat~on, that the zomng district clasmficatlon and use demgnat~on
of the 22 80 acre property described m the legal description attached hereto and ~ncorporated here~n
as Exhibit C is changed from an Agricultural (A) zoning district classification and use demgnat~on
to a Single-family 10 conditioned (SF-10[c]) zomng d~stnct clasmficat~on and use demgnatlon, that
the zomng district clasmficat~on and use demgnat~on of the 191 72 acre property described m the
legal description attached hereto and mcorporated here~n as Exhibit D is changed from an
Agricultural (A) zomng chstnct classification and use demgnatlon to a Single-family 13 conditioned
(SF-13[c]) zoning dmtnct clasmficatlon and use demgnat~on, and that the zoning district
classification and use designation of the 50 84 acre property described ~n the legal description
attached hereto and mcorporated herein as Exhibit E is changed from an Agricultural (A) zoning
d~smct classification and use designatIon to a S~ngle-famdy 7 conchtloned (SF-7[c]) zomng thstnct
classfficatlon and use designation under the comprehensive zoning ordinance of the City of Denton,
Texas, subject to the following concht~ons
1 Street and transportation ~mprovements shall be constructed xn accordance w~th the
phasing plan attached hereto and ~neorporated here~n by reference as Exhibit F
2 75% per cent of the extenor of all bmldmgs shall consists of qualified masonry
products
3 No more than 50% of all homes shall have front entry garages
4 A school site shall be finahzed wxth the Denton Independent School Dmmct pnor to
prehm~nary plat approval
SECTION 2 That the C~ty's official zoning map xs mended to show the change in zoning
(hstnct classfficatxon
SECTION 3 That any person Violating any provision of this orthnance shall, upon
conwctmn, be fined a sum not exceedmg $2,000 00 Each day that a prows~on ofth~s ordmance is
violated shall constutute a separate and thst~nct offense
SECTION 4 That xf any section, subsectxon, paragraph, sentence, clause, phrase, word, or
prows~ons of tins orrhnance shall be adjudged xnval~d or held unconstltutxonal, the same shall not
affect the val~rhty of tins ordxnance as a whole or part or prows~ons hereof, other than the part so
dec~ded to be mvahd or tmconst~tuttonal, and the C~ty Council of the City of Denton, Texas hereby
declares it would have enacted such remmmng pomons despite any such validity
~ That this ordanance shall become effective fourteen (14) days from the date
of~ts passage, and the C~ty Secretary m hereby d~rected to cause the caption of tins ordinance to be
pubhshed twtce m the Denton Record-Chromcle, a dmly newspaper pubhshed ~n the C~ty of Denton,
Texas, w~tlun ten (10) days of the date of~ts passage
PASSED AND APPROVED tlus the ~----~ day of f.~.~t2/J~/Z ,2000
!
JAC~LLER, MAYOR
Page 2
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By ~~
Page 3
EXHIBIT A
Z'J99J072
S~ngle Family (SF-7)
POINT OF BEGINNING being a ½" Iron Rod South 87'~ 39' 53" East a distance of 1.762 98 feet
to a %" Iron Rod for corner,
THENCE South 02^ 29' 20" West along Trinity Road a distance of 2.306 03 feet to a %" Iron Rod
for corner,
THENCE North 87^ 07' 53" West along Blagg Road a distance of 1,403 40 feet to a %" Iron Rod
for corner,
THENCE North 55/` 48' 41" West a distance of 131 63 feet to a point for corner.
THENCE North 40/` 29' 30" East a d~stance of 222 22 feet to a point for corner,
THENCE North 25/` 51' 36" West a d~stance of 164 43 feet to a point for corner,
West a d~stance of 40 87 feet to a point for corner,
THENCE North 59/` 01' 32"
THENCE North 11 ^ 41' 25"
THENCE North 70/` 06' 21"
THENCE North 57^ 31' 14"
THENCE North 02^ 08' 18"
THENCE North 34/` 46'
THENCE North 09^ 48'
THENCE North 03^ 07'
THENCE North 20/` 19'
THENCE North 89/` 34'
East a distance of 13 74 feet to a
East a d~stance of 54 81 feet to a
East a d~stance of 88 39 feet to a
point for corner,
point for corner,
point for corner.
West a distance of 88 68 feet to a point for corner,
24" West a distance of 133 12 feet to a point for corner,
53" East a d~stance of 213 32 feet to a point for corner,
11" East a d~stance of 349 74 feet to a point for corner,
10" East a d~stance of 116 20 feet to a point for corner,
54" West a distance of 280 71 feet to a point for corner,
THENCE North 00^ 25' 08" East a distance of 304 49 feet to a point for corner, sa~d point being
on the south right-of-way line of Appaloosa Drive (a 60' right-of-way),
THENCE North 05^ 05' 40" West departing said south right-of-way line a d~stance of 60 00 feet to
a point on the north right-of-way hne of said Appaloosa Drive. a c~rcular curve concave to the
Southeast and having a radius of 630 00 feet and a tangent bearing of South 84/` 54' 20" West,
THENCE run along the arc of sa~d right-of-way I~ne through a central angle of 04/` 58' 57" for a
distance of 54 79 feet to a point for corner,
THENCE North 00^ 25' 08" East departing said north nght-of-way line a distance of 588 52 feet to
the POINT OF BEGINNING
Containing 81 71 acres, more or less
EXHIBIT
Z-99-072
Single Family (SF-t 0)
POINT OF BEGINNING being in the south right-of-way line of Blagg Road (a 60' right-of-way)
South 87/` 13'J23" East along said right-of-way line a distance of 166 80 feet to a ½" Iron Rod for
comer,
THENCE South 02/` 15' 04" West departlng said right-of-way line a distance of 880 43 feet to a
polnt for comer,
THENCE South 87^ 44' 57" East a distance of 40 00 feet to a point for corner,
THENCE South 02^ 15' 04" West a distance of 1,912 92 feet to a point for corner, said point
being in the south rlght-of-wey line of Draught Horse Drive (a 60' nght-of-way),
THENCE South 87/` 44' 57" East along said right-of-way line a distance of 40 00 feet to a point for
corner,
THENCE South 02/` 15' 04" Wast departing said right-of-way line a d~stance of 841 69 feet to a
point for corner,
THENCE North 87/` 02' t2" West a distance of 102 72 feet to a W' Iron Rod for corner,
THENCE North 87/` 28' 16" West a distance of 683 76 feet to a point for corner,
THENCE North 02/` 37' 02" East a dlstance of 3,636 80 feet to a %" Iron Rod at a fence corner
post for corner, said point belng in the south right-of-way line of the aforementioned Blagg Road,
THENCE South 87^ 13' 23" East along said right-of-way line a distance of 516 45 feet to the
POINT OF BEGINNING
Containing 61 29 acres, more or less
EXHIBIT C
Z-99-072
Single Family (SF-10)
POINT OF BEGINNING being a %" Iron Rod South 87^ 02' 12" East a dmtance of 102 72 feet to
a point for comer,
THENCE South'87^ 02' 11" East a distance of 287 03 feet to a point for corner,
THENCE South 20^ 21' 07" West a d~stance of 52 88 feet to a pmnt for corner,
THENCE South 12^ 44' 38" East a d~stance of 194 93 feet to a point for corner,
TH ENCE South 15^ 05' 28" West a distance of 82 58 feet to a point for corner,
THENCE South 32^ 19' 01" East a d~stance of 68 94 feet to a point for corner,
THENCE South 77^ 34' 46" East a distance of 191 50 feet to a point for corner,
THENCE North 54^ 39' 49" East a distance of 497 70 feet to a point for corner, said point being
on the west right-of-way line of Lakevlew Boulevard (a 60' right-of-way),
THENCE North 182^ 35' 47" East departing said west right-of-way line a distance of 93 74 feet to a
point for corner,
THENCE South 02^ 32' 12" West a d~stance of 583 61 feet to a point for corner,
THENCE North,87^ 09' 07" West a d~stance of 76 28 feet to a point for corner, said point being on
the east right-of, way line of the aforementioned Lakewew Boulevard,
THENCE South 29^ 57' 13" West along said right-of-way line a distance of 333 44 feet to a point
of curvature on a c~rcular curve concave to the Southeast and having a radius of 480 00 feet and
a tangent bearing of South 29^ 57' 13" West,
THENCE run along the arc of said right-of-way hne through a central angle of 24^ 48' 06" for a
dmtance of 207 78 feet to a point for corner,
THENCE North 86^ 44' 34" West along M~lls Road departing said right-of-way line a d~stance of
85 76 feet to a ~" Iron Rod for comer,
THENCE North,86^ 44' 32" West conbnu~ng along Mills Road a distance of 731 55 feet to a ½"
Iron Rod for comer,
THENCE North~01 ^ 33' 30" East a d~stance of 1,157 79 feet to the POINT OF BEGINNING
Containing 22 80 acres, more or less
EXHIBIT D
Z-99-072
Single Family (SF-13)
POINT OF BEGINNING being a %" iron Rod South 86/` 44' 34" East along M~lls Road a distance
of 85 76 feet to a point for corner, said point being in the east right-of-way of Lakevlew Boulevard
(a 60' right-of-way),
THENCE South 86/` 44' 32" East continuing along Mills Road a d~stance of 124 50 feet to a point
for corner,
THENCE North 43/` 16' 17" East along Trinity Road a distance of 97 99 feet to a point for corner,
THENCE South 46/` 43' 40" East a distance of 62 76 feet to a point for corner,
THENCE South 61 ^ 26' 46" East a distance of 184 15 feet to a point for corner,
THENCE South 46/` 08' 37" East a distance of 116 88 feet to a point for corner,
THENCE South 78/` 31' 18" East a distance of 205 51 feet to a point for corner,
THENCE SoUth 34/` 26' 15" East a dmtance of 113 77 feet to a point for corner,
THENCE South 57^ 53' 03" East a distance of 124 36 feet to a point for comer,
THENCE South 86/` 43'51" East a d~stance of 103 64 feet to a point for corner,
THENCE South 32/` 05' 28" East a d~stance of 151 09 feet to a point for corner,
THENCE South 85/` 46' 40" East a d~stance of 51 22 feet to a point for corner,
THENCE North 45^ 18' 48" East a distance of 133 07 feet to a point for corner,
THENCE due East a distance of 60 95 feet to a point for corner,
THENCE South 53/` 41' 10" East a d~stance of 81 26 feet to a %" Iron Rod for corner,
THENCE South 03/` 13' 45" West a distance of 832 91 feet to a %" Iron Rod for comer,
THENCE South 60/` 26' 45" East a distance of 546 69 feet to a Corps of Engineers Concrete
Monument marked Q-300-W for corner,
THENCE South 37/` 06' 22" East a distance of 406 29 feet to a Corps of Engineers Concrete
Monument marked Q-299-W for corner,
THENCE South 40/` 44' 09" East a distance of 551 29 feet to a Corps of Engineers Concrete
Monument marked Q-298-W for corner,
THENCE South 33/` 41' 46" East a dmtance of 277 90 feet to a Corps of Engineers Concrete
Monument marked Q-297-W for corner,
THENCE South 25/` 05' 59" West a distance of 152 09 feet to a Corps of Engineers Concrete
Monument marked Q-296-W for corner,
THENCE South 08/` 56' 29" West a distance of 296 82 feet to a Corps of Engineers Concrete
Monument marked Q-295-W for corner,
EXHIBIT D
Z-99-072
(Cont)
THENCE North 48/` 20' 23" East a distance of 258 99 feet to a Corps of Engineers Concrete
Monument marked Q-294-W for corner,
THENCE South 02/` 27' 35" West a distance of 443 88 feet to a Corps of Engineers Concrete
Monument marked Q-293-BW for corner,
THENCE South 02/` 28' 16" West a distance of 949 52 feet to a Corps of Engineers Concrete
Monument marked Q-293-W for corner,
THENCE South 02/` 30' 01" West a distance of 1,339 23 feet to a ~" Iron Rod for corner,
THENCE South 83/` 27' 47" East a distance of 352 07 feet to a '~" Iron Rod for corner,
THENCE South 02^ 27' 47" West a distance of 130 26 feet to a ~" Iron Rod for corner,
THENCE South 81/` 13' 33" West a dmtance of 86 24 feet to a point for corner,
THENCE South 68/` 27' 45" West a distance of 111 15 feet to a point for corner,
THENCE South 55/` 08' 07" West a distance of 134 14 feet to a point for corner,
THENCE North 83/` 40' 48" West a dmtance of 78 18 feet to a point for corner,
THENCE North 63/` 27' 22" West a distance of 149 69 feet to a point for corner,
THENCE South 25^ 57' 55" West a distance of 232 50 feet to a W' Iron Rod for corner,
THENCE due West a distance of 767 70 feet to a point for corner,
THENCE North 03^ 12' 57" East a distance of 550 34 feet to a fence comer post for corner,
THENCE North 64^ 35' 24" West a distance of 413 13 feet to a W' Iron Rod for corner,
THENCE North 01/` 59' 31" East a distance of 706 01 feet to a %" Iron Rod for corner,
THENCE North 02/` 40' 18" East a distance of 2,126 97 feet to a fence corner post for corner,
THENCE North 84/` 51' 02" West a distance of 554 33 feet to a fence comer post for corner,
THENCE North 05/` 48' 02" West a distance of 10 33 feet to a fence corner post for corner,
THENCE North 88/` 39' 36" West a distance of 856 14 feet to a ½" Iron Rod for corner,
THENCE North 02/` 51' 54" East along Trinity Road a d~stance of 527 49 feet to a ~" Iron Rod for
corner,
THENCE South 86/` 16' 15" East a distance of 669 42 feet to a ~" Iron Rod for corner,
THENCE North 16/` 57' 38" East a distance of 146 41 feet to a ½" iron Rod for corner,
THENCE North 82/` 26' 52" West a distance of 707 37 feet to a ~" Iron Rod for corner,
THENCE North 02/` 51' 54" East along Tnmty Road a distance of 560 38 feet to a %" Iron Rod for
corner,
]~XHIBIT D
~.-99-072 (Cont)
THENCE North 02" 51' 51" East continuing along Trinity Road a distance of 179 93 feet to a %"
Iron Rod for corner,
THENCE North 02" 51' 54" East continuing along and departing from Trinity Road a distance of
851 47 feet to,the POINT OF BEGINNING
Containing 191 72 acres, more or less
EXHIBIT E
Z-99-072
Field Notes for Parcel D - Single Family (SF-7)
(including School and Park sites)
POINT OF BEGINNING due East a d~stance of 767 70 feet to a ½" Iron Rod for corner,
THENCE South 63/` 27' 22" East a distance of 149 37 feet to a point for corner
THENCE North 26/` 02' 37" East a distance of 168 76 feet to a point for coroer
THENCE South 83/` 40' 47" East a distance of 122 65 feet to a point for corner
THENCE North 55/` 08' 07" East a distance of 150 52 feet to a point for corner
THENCE North 68/` 27' 44" East a distance of 101 42 feet to a point for corner
THENCE North 81 ^ 13' 33" East a distance of 62 77 feet to a point for corner,
THENCE South 87/` 32' 22" East a distance of 15 00 feet to a ½" Iron Rod for corner,
THENCE South 02/` 27' 48" West a d~stance of 1,800 00 feet to a ½" Iron Rod for corner,
THENCE South 26/` 28' 54" West a d~stance of 274 05 feet to a ½" Iron Rod fur corner,
THENCE South 42/` 52' 48" West a dmtance of 220 14 feet to a ½" Iron Rod for corner,
said point being on the north right-of-way line of McKinney Street (F M 426),
THENCE North 47/` 27' 12" West along said right-of-way line a dmtance of 319 59 feet t,u a ½"
Iron Rod for corner,
THENCE North 46/` 46' 12" West along said right-of-way line a d~stance of 956 20 feet to a ½"
Iron Rod for a point of curvature on a circular curve concave to the Southwest and hawng a
radius of 710 61 feet to a point for corner and a tangent bearing of North 47/` 07' 12" West,
THENCE run along the arc of said right-of-way line through a central angle of 16/` 29' 19" for a
d~stance of 204 50 feet to a W' Iron Rod for corner,
THENCE North 03/` 12' 57" East departing sa~d right-of-way I~ne a d~stance of 1,016 11 feet to the
POINT OF BEGINNING
Contaimng 80 84 acres, more or less
Traffic Impact Study - Addendum
Lakewew Ranch - Denton, T~cas
March 28, 2000
Table 1
Traffic Design-Generated Roadway Improvements
Ahgnment 1 Ahgnment 2
By End of Stage... Trimty Road Interior Development Route
(No access to Mills Road) (No access to Mills and
Budd 2 lanes of Lakevtew from US 380 to Build 2 lanes of Lakevlew from US 380 to
1 Cooper Creek Brldse (DONE) Cooper Creek Bridge (DONE)
(3% or Cul de sac Trinity north of Cooper Bridge Cul de sac Trinity north of Cooper Bridge
50 platted lots) (DONE) (DONE)
2
(10% or Signalize US 380 at Lakevlew Signalize US 380 at Lakeview
175 platted Iot~) (25% is developer's responsibility) (25% is developer's responsibility)
Let construction contract for 2 lanes of Bmld 2 lanes of Lakevlew to McKmney
permanent Cooper Creak Bnd~;e
3 Route trucks via US 380 for northern
Build Residential Road through
(25% or developmant (as development proceeds) development and McKinney for southern
437 platted lots) ! development
Let construction contract for 2 lanes of
permanent Cooper Creek Bridge
Assume McKmney will be under Build 2 lanes of permanent Cooper Creek
construction (TxDOT)I Brtd~e
Rebuild Trm,ty from Cooper Creek Bridge Construct temporary connection between
to McKinne}, (rural standards) Trinity and Mills
4 Widen SB approach to 2-lanes on Tnnlty Prowde ROW for future connections from
(44% or at McKmney Trinity and Mills to Lakeview
757 platted lots) Build 2 lanes of permanent Cooper Creek Provide left-turn lanes on McKmney at
Brld$e Lakevlew (TxDOT)~
Complete Residential Road to McKmney,
include a 2-lane approach at McKtnne¥
Provide Laft-turn lanes on Tr,mty at
5 Residential Road
(64% or 1,097
platted lots) Provide Left-turn lanes on McKmney at
Trinity (TxDOT) i
6 Provide Left-turn lanes on McKmney at
(84% or Residential Road (TxDOT) ~
17445 platted lo,ts)
Provide escrow money for future
7 All improvements completed connections from Trlmty and Mills to
(100% or Lakemew
1,717 platted lots) All improvements completed
i IfTxDOT does not complete the improvement by the time noted, the developer will be held responsible for his/her pomon of
the improvement cost or the rate of development will need to be adjusted until the road improvement is completed by others
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