2000-216FILE REFERENCE FORM 2000-216
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records
Act
Other
FILE(S) Date Initials
Amended b Ordinance No. 2009-302 12/01/2009 JR
Amended b Ordinance No. 2010-254 10/05/10 JR
Amended b Ordinance No. 2013-076 03/19/03 JR
Amended b Ordinance No. 2013-182 07/16/13 JR
Amended b Ordinance No. 2015-303 09/15/15 JR
ORDINANCE NO 9a4V /(o
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 99-
257, ORDINANCE NO 99-367, AND ORDINANCE NO 99-405 TO PROVIDE FOR A
DETAILED PLAN FOR APPROXIMATELY 253 ACRES LOCATED WITHIN PLANNED
DEVELOPMENT 170 (PD-170), PLANNED DEVELOPMENT 172 (PD-172), AND
PLANNED DEVELOPMENT 176 (PD-176) ZONING DISTRICTS AND LAND USE
CLASSIFICATIONS, THE SUBJECT PROPERTY BEING GENERALLY LOCATED EAST
OF TEASLEY BETWEEN ROBINSON AND HICKORY CREEK IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS, 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-99-104)
WHEREAS, on August 3, 1999, by Ordinance No 99-257, the City Council approved a
change in zoning for 65 17 acres of land in Planned Development 172 (PD-172) Zoning District,
and
WHEREAS, on October 5, 1999, by Ordinance No 99-367, the City Council approved a
change in zoning for 167 477 acres of land in Planned Development 176 (PD-176) Zoning
District, and
WHEREAS, on November 2, 1999, by Ordinance No 99-405, the City Council approved
a change in zoning for 38 6 acres of land in Planned Development 170 (PD-170) Zoning District,
and
WHEREAS, on December 7, 1999, Wheeler Ridge L P submitted a Detailed Plan for
253 36 acres located in the PD-170, PD-172 and PD-176 zoning districts with the intent to
develop a single-family residential subdivision, and
WHEREAS, on May 24, 2000, the Planning and Zoning Commission recommended
approval of a Detailed Plan for such 253 36 acres, and
WHEREAS, the City Council finds that the Detailed Plan is consistent with the approved
Concept Plans for PD-170, PD-172 and PD-176 and is consistent with the 1999-2020 Denton
Comprehensive Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 Ordinances No 99-257, 99-367 and 99-405, providing for the approval of
Planned Development Zoning District Classifications and Use Designations for the properties
described as PD-170, PD-172 and PD-176 are hereby amended by approving the Detailed Plan
attached hereto and incorporated herein by reference as Exhibit B for 253 36 acres located within
PD-170, PD-172 and PD-176, more particularly described by the legal description attached
hereto and incorporated herein by reference as Exhibit A, subject to the following conditions
\CII LOLWOLASHARBON6PN.CLWm Omum~Wl-v OP "[.H AONinweda
1 Traffic improvements, as outlined in the letter from the developer to City of Denton
staff dated May 2, 2000 and attached hereto as Exhibit C, shall be required
2 If Denton County fails to purchase the right of way dedication reserve at the
northwest corner of the adjacent Wynstone at Oakmont development, the applicant
shall pay for the purchase of the property, as outlined in the letter from the developer
to City of Denton staff dated May 2, 2000 and attached hereto as Exhibit D
A 40 to 50 foot wide pedestrian access easement shall be provided between the
commercial area and residential area at the northwest corner of the detailed plan
SECTION 2 The provisions of this ordinance as they apply to the 253 36 acres shown in
the detailed plan herein approved, shall govern and control over any conflicting provisions of
Ordinance No 99-257, Ordinance No 99-367, and Ordinance No 99-405, but all the provisions
of Ordinance No 99-257, Ordinance No 99-367, and Ordinance No 99-405, as they apply to
that remaining portion 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 No 99-257,
Ordinance No 99-367, and Ordinance No 99-405 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
PASSED AND APPROVED this the O?® 0 day of 2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
PAGE 2
\\CH LGL\VOLI\SHARBDWBPTLOLWur DOCmnmtAWNlnm OM 93 IM4 ft ONimrcnd.l
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE3
EXHIBIT A
LEGAL DESCRIPTION
BEING a troct of land situated in the B Merchant Survey, Abstract No 800 in the City of Denton, Denton
County, Texas and being more particularly described as follows
COMMENCING at a point of intersection of the approximate centerline of Robinson Road (a variable width
right-of-way) with the east line of Teasley Lone (FM Road No 2181)(0 variable width right-of-way)
Thence S 89'08'17" E , 640 87 feet along the said approximate centerline of Robinson Road to the POINT
OF BEGINNING,
THENCE continuing along the said approximate centerline of Robinson Road the following courses and
distances
S 89'08'17" E, 575 99 feet to a point for corner,
S 89 19'53" E, 1278 70 feet to a point for corner,
S 89'10'14" E , 951,33 feet to a point for corner,
THENCE S 00'41'57" W, 130760 feet leaving the said approximate centerline of Robinson Road to a point
for corner,
THENCE S 28'05'45" W, 28297 feet to a point for corner, said point being on the southerly line of a 10C
foot wide easement to the Texas Municipal Power Agency as recorded in Volume 374, Page 155 and Volume
517, Page 518 of the Deed Records of Denton County, Texas,
THENCE S 48031'20" W. 98203 feet along the southerly easement line of the said Texas Municipal Power
Agency to a point for corner,
THENCE N 89031'08" W, 477 feet leaving the southerly line of said easement to a point for corner
THENCE S 01'52'13" E , 4 14 feet to o point for corner being on the said southerly easement line to the
Texas Municipal Power Agency,
THENCE S 48'31'20" W, 1056 94 feet along the southerly line of said easement to a point for corner,
THENCE N 89'44 42" E , 814 62 feet leaving the said southerly easement line to the Texas Municipal Power
Agency to a point for corner,
THENCE S 01'50'18" E , 18 33 feet to a point for corner,
THENCE N 89'40'50" W, 6004 feet to o point for corner,
THENCE S 01'50'18" E , 60 04 feet to a point for corner,
THENCE S 89 40'50" E , 60 04 feet to o point for corner,
THENCE S 01'50'18" E , 1230 22 feet to a point for corner,
THENCE S 89'42'48" W, 207609 feet to a point for corner, said point being in a non-tangent curve to
the left running in a westerly direction and having a central angle of 02 32'43" a radius of 800 00 feet and
o chord bearing of N 68 39'00" W,
THENCE along sa,d curve 35 54 feet to the end of said curve, a point for corner, said point being the
beginning of another curve to the left having o central angle of 22'54'33" a radius of 700 00 feet and a
chord bearing of N 78 49'55" W ,
THENCE along said curve 279 89 feet to the end of said curve, a point for corner,
THENCE S 89'42'48" W, 100 00 feet to a point for corner being on the said east line of Teasley Lone
THENCE N 01'13'50" W, 704 67 feet along the said east line of Teasley Lane to a point for corner,
THENCE S 85'05'31" E, 680 87 feet leaving the said east line of Teasley Lane to a point for corner,
THENCE N 03'56'18" E, 599.45 feet to a point for corner,
THENCE S 89'44'42" W. 73499 feet to a point for corner being on the said east line of Teasley Lone,
THENCE N 02'07 00" W , 2223 45 feet along the said east line of Teasley Lane to a point for corner,
THENCE N 87'53 00" E, 640 45 feet leaving the said east line of Teasley Lane to a point for corner,
THENCE N 02'07'00" W, 71132 feet to the Point of Beginning and containing 253361 acres of land
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Eastern EXHIBIT C
Development
Companies
5225 Nallage Creek Drive, Suite 400, Plano, Texas 75093
(972) 267 6888, Flax (972) 818 8885
May 2, 2000
Mr David Salmon PE
Engineering Administrator
City of Denton
221 N Elm Street
Denton Texas 76201
Dear Mr Salmon
I have received your letter dated April 25, 2000 regarding the specific improvements required for
our Wheeler Ridge Community located on Teasley lane and Robinson Road
This letter is to serve as our acknowledgement that the road improvements required for the
entirety of this community will be
1) Left and Right turn lanes into the community from Teasley Lane at the entrance
2) A two lane approach on Robinson Road at Teasley Lane
3) 25' asphalt road with curb and gutter along our frontage for Robinson Road
4) 25' asphalt road with curb and gutter along our frontage for Hickory Creek
5) Wheeler Ridge will contribute $31,000 00 to the cost of signalization on Teasley
Lane at Hickory Creek Road and Robinson Road
If you have any questions please contact me
Sincerely,
Elvin Brunt
Eastern
Development
Companies
EXHIBIT D
5225 Village Creek Drive, Suite 400, Plano, Texas 75093
(972) 267 6888, Fax (972) 818 8885
May 2, 2000
Mr David Salomon
Mr Paul Williams
City of Denton
221 N Elm Street
Denton Texas 76201
Dear Sirs,
During a meeting held at City Hall several months ago with Mike Jez, Dave Hill and
Rick Svehla from the City of Denton, Bill Anderson of Dowdy Anderson Engineering
and myself a discussion was held about the future alignment of the proposed 2499
roadway Though the alignment has not been finalized by the county or the city,
preliminary indications from discussions with the county engineers have indicated the
probable need to use part of the "dedication reserve" held by Pulte homes at the
northwest corner of their development As discussed during this meeting if the county, as
indicated by the attached letter from County Commissioner Krueger, fails to pay for the
condemnation expense and land cost of the "dedication reserve", Eastern Development
Companies as general partner for the Wheeler Ridge development agreed to cover those
cost Please allow this letter serve as our confirmation of that agreement
bert
Ro Prendergast
For Wheeler Ridge