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ORDINANCE NO 4K -11�69
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM
PLANNED DEVELOPMENT 12 (PD-12) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO OFFICE CONDITIONED (O[C]) AND COMMERCIAL CONDITIONED
(C[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 4 701 ACRES
OF LAND LOCATED AT THE SOUTHWEST CORNER OF INTERSTATE 35E AND STATE
SCHOOL ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00
FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A
SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-076)
WHEREAS, Goodwin and Marshall, Inc , on behalf of Physician Reliance, L P , has applied
for a change in zoning for 4 701 acres of land located at the southwest comer of Interstate 35E and
State School Road from the Planned Development 12 (PD-12) zoning district classification and use
designation to an Office Conditioned (O[c]) zoning district classification and use designation for the
northern 2 535 acres of said property and a Commercial Conditioned (C[c]) zoning district
classification and use designation for the southern 2 166 acres of said property, and
WHEREAS, on October 27, 1999, the Planning and Zoning Commission recommended
approval of the requested change in zoning, and
WHEREAS, the City Council finds that the change in zoning will be consistent with the
1998 Denton Plan Policies and the 1999 Growth Management Strategies and Plan and will provide
for a sensible and compatible arrangement of land uses, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the zoning district classification and use designation of the 2 535 acre
property described in the legal description attached hereto and incorporated herem as Exhibit A is
changed from the Planned Development 12 (PD-12) zoning district classification and use designation
to an Office Conditioned (O[c]) zoning district classification and use designation under the
comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions
Lighting on the property shall be designed and maintained so as not to shine on or otherwise
disturb adjoining property or to shine and project upward to prevent the diffusion into the
night sky
Maximum allowable floor area shall be 25,047 square feet, which is a floor to area ratio of
23 1
All buildings shall be constructed with a 100% masonry exterior
Canopy trees shall be planted along the property's frontage with State School Road at 35'
to 40' on center to mitigate noise and lighting impacts
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SECTION 2 That the zoning district classification and use designation of the 2 166 acre
property described in the legal description attached hereto and incorporated herein as Exhibit A is
changed from the Planned Development 12 (PD-12) zoning district classification and use designation
to a Commercial Conditioned (C[c]) zoning district classification and use designation under the
comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions
1 Lighting on the property shall be designed and maintained so as not to shme on or otherwise
disturb adjoining property or to shine and project upward to prevent the diffusion into the
night sky
2 Hours of operation for display lights shall be dusk until 00 p in , with the understanding
that security lights will operate from 9 00 p in to daybreak
3 Maximum allowable floor area shall be 21,721 square feet, which is a floor to area ratio of
23 1
4 Uses shall be limited to General Retail, Office and Auto Sales and Service uses
5 No public address system shall be installed as part of site operations
SECTION 3 That the City's official zoning map is amended to show the change in zoning
district classification
SECTION 4 That 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 That if any section, subsection, paragraph, sentence, clause, phrase, word, or
provisions of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not
affect the validity of this ordinance as a whole or part or provisions hereof, other than the part so
decided to be invalid or unconstitutional, and the City Council of the City of Denton, Texas hereby
declares it would have enacted such remaining portions despite any such validity
SACTION 6 That save and except as amended hereby, all the sections, sentences, clauses,
and phrases of PD 12 and Ordinance No 84-83, as amended, of the Code of Ordinances of the City
of Denton shall remain in full force and effect
SECTION 7 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 tlus ordinance to be
published twice in the Denton Record-Chromcle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage
Page 2
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PASSED AND APPROVED this the h day of 1999
JACICWLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
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APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY/�ilik+��i
Page 3
EXHIBIT A
PROPERTY DESCRIPTION
BEING a 2 535 acre tract of land in the M E P & P R R Company Survey, Abstract No 950,
situated in the City of Denton, Denton County, Texas and being a portion of Block 8 of
Wimbleton Village, Phase III, an addition to the City of Denton, Denton County, Texas as
recorded in Cabinet B, Page 349 of the Plat Records of Denton County, Texas (PRDCT), a
portion of said tract of land also being described in deed to Physician Reliance Network, Inc as
recorded in County Clerk's Document No 95-R0040143 of the Real Property Records of Denton
County, Texas (RPRDCT) and being more particularly described as follows
BEGINNING at a 1/2" iron pin found at the westerly most northwest comer of said Block 8 of
Wimbleton Village, Phase III, said iron pin being the southerly end of a right-of-way cutback
line at the intersection of the east right-of-way line of State School Road (called 100' R O W )
with the southwesterly right-of-way line of Interstate Highway No 35E (IH-35E)(called 300'
ROW)
THENCE N 71046'48" E along the said right-of-way cutback line, a distance of 109 61 feet to a
capped 1/2" iron pin set near a disturbed wooden right-of-way marker at the northerly end of said
right-of-way cutback line,
THENCE S 55013'20" E along the said southwesterly right-of-way line ofIH-35E and the
northeasterly line of said Block 8, at 130 16 feet, passing a 1/2" iron pin found at the northerly
most comer of said Physician Reliance Network, Inc tract, continuing a total distance of 283 80
feet to a 1/2" iron pin found in the southwesterly right-of-way line of said IH-35E and the
northeasterly line of said Block 8, said iron pin also being on the northeasterly line of said
Physician Reliance Network, Inc tract,
THENCE S 47015'56" E, along the southwesterly line of said IH-35E and the northeasterly line
of said Block 8 and the northeasterly line of said Physicians Reliance Network, Inc tract, a
distance of 118 14 feet to a capped 1/2" iron pin set in the northeasterly line of said Block 8, said
iron pin also being in the southwesterly line of said IH-35E,
THENCE departing the southwesterly right-of-way line of said IH-35E and the northeasterly
line of said Block 8 and the northeasterly line of said Physicians Reliance Network, Inc tract the
following,
S 42044104" W, a distance of 257 36 feet to a capped 1/2" iron pm set,
N 55113'24" W, a distance of 236 69 feet to a capped 1/2" iron pin set,
N 84046'13" W, a distance of 78 57 feet to a capped 1/2" iron rod set in the west line of
said Block 8, said iron pin also being on the said east right-of-way line of said State
School Road,
THENCE N 05013'47" E along the east right-of-way line of said State School Road, a distance
of 255 71 feet to the Point of Beginning and containing 110,406 square feet or 2 535 acres of
land, more or less
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EXHIBIT B
PROPERTY DESCRIPTION
BEING a 2 166 acre tract of land in the M E P & P R R Company Survey, Abstract No 950,
situated in the City of Denton, Denton County, Texas and being a portion of Block 8 of
Wimbleton Village, Phase III, an addition to the City of Denton, Denton County, Texas as
recorded in Cabinet B, Page 349 of the Plat Records of Denton County, Texas (PRDCT), a
portion of said tract of land also being described in deed to Physician Reline Network, Inc as
recorded in County Clerk's Document No 95-R0040143 of the Real Property Records of Denton
County, Texas (RPRDCT) and being more particularly described as follows
BEGINNING at a 1/2" iron rod found at the easterly most northeast comer of said Block 8, said
iron pin also being the northerly most northwest comer of Lot 3 of Lots 2 & 3, Block A of the
McNatt Addition, Phase Two, an addition to the City of Denton as recorded in Cabinet A, Page
244 (PRDCT), said iron pin also being on the southwesterly right-of-way line of Interstate
Highway No 35E (M-35E)(called 300' R O W), said iron pin also being at the most
northeasterly corner of said Physician Reliance Network, Inc tract
THENCE S 42046'40" W, departing the southwesterly right-of-way line of said IH-35E, along
the east line of said Block 8 and the east line of said Physician Reliance Network, Inc tract and
the west line of said Lot 3 of the said McNatt Addition, Phase Two, a distance of 180 30 feet to a
1/2" iron pin found,
THENCE S 04046'22" W, along the east line of said Block 8 and the east line of said Physician
Reliance Network, Inc tract and the West line of said Lot 3 of said McNatt Addition, Phase
Two, a distance of 176 28 feet to a 1/2" iron pin found at the southeast corner of said Physician
Reliance Network, Inc tract,
THENCE N 84050'46" W, departing the west line of said Lot 3 and the east line of said Block 8,
along the south line of said Physician Reliance Network, Inc tract, a distance of 382 06 feet to a
1/2" iron pin found in the west line of said Block 8, said iron pin also being on the east
right-of-way line of State School Road (called 100' R O W ),
THENCE N 05013'47" E, along the east right-of-way line of said State School Road and the
west line of said Block 8 and the west line of said Physicians Reliance Network, Inc tract, a
distance of 270 17 feet to a capped 1/2" iron pin set in the west line of said Block 8, said iron pin
also being in the east nght-of-way line of said State School Road,
THENCE 1 departing the east right-of-way line of said State School Road and the west line of
said Block 8 and the west line of said Physician Reliance Network, Inc tract the following,
S 84°46' 13" E, a distance of 78 57 feet to a capped 1/2" iron pin set,
S 55013'24" E, a distance of 236 69 feet to a capped 1/2" iron pin set,
N 42°44'04" E, a distance of 257 36 feet to a capped 1/2" iron pin set in the northeasterly
line of said Block 8, and the northeasterly line of said Physician Reliance Network, Inc
tract, said iron pin also being in the southwesterly right-of-way line of said IH-35E,
THENCE S 47015'56" E along the said southwesterly nght-of-way line of IH-35E and the
northeasterly line of said Block 8 and the, a distance of 62 23 feet to the Point of Beginning and
containing 94,349 square feet or 2 166 acres of land, more or less
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