1999-430O ANCENO
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 MAXIMLrM 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, Goodw~n and Marshall, Inc, on behalf of Physacian Rehance, L P, has applied
for a change m zoning for 4 701 acres of land located at the southwest comer of Interstate 35E and
State School Road fi:om the Planned Development 12 (PD-12) zomng dlsmct classlficataon and use
demgnaUon to an Office CondaUoned (O[c]) zomng dtsmct classlficahon and use deslgnaUon for the
northern 2 535 acres of smd property and a Commermal Conditioned (C[c]) zomng dmtnct
clasmficataon and use demgnataon for the southern 2 166 acres of said property, and
WHEREAS, on October 27, 1999, the Planmng and Zoning Commission recommended
approval of the requested change m zomng, and
WHEREAS, the C~ty Councd finds that the change in zomng will be conmstent w~th the
1998 Denton Plan Pohmes and the 1999 Growth Management Strategies and Plan and will pmwde
for a scnmble and compaUble arrangement of land uses, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the zoning chstnct clasmficaUon and use demgnatlon of the 2 535 acre
property described ~n the legal description attached hereto and ~ncorporated herean as Exhibit A ~s
changed from the Planned Development 12 (PD-12) zomng dlstnct clasmficatlon and use demgnation
to an Office Cond~taoned (O[c]) zomng thstnct classification and use demgnatmn under the
comprehenmve zoning ordinance of the C~ty of Denton, Texas, subject to the following condmons
Lighting on the property shall be designed and mmntalned so as not to shine on or otherwase
dmmrb adjmmng property or to slune and project upward to prevent the dlffumon into the
mght sky
Maxnnum allowable floor area shall be 25,047 square feet, whmh m a floor to area ratio of
23 1
All bmldangs shall be constructed w~th a 100% masonry exterior
Canopy trees shall be planted along the property's frontage w~th State School Road at 35'
to 40' on center to m~t~gate no,se and hghtmg ~mpacts
SECTION 2 That the zomng district classification and use designation of the 2 166 acre
property described ur the legal descnpUon attached hereto and incorporated herein as Exhxint A is
changed from the Planned Development 12 (PD-12) zoning district classfficataon and use desagnatton
to a Commercial Conditioned (CIe]) zomng dlSmCt classification and use designation under the
comprehensive zoning ordananee of the City of Denton, Texas, subject to the following con~tlons
Llginmg on the property shall be designed and maintained so as not to sinne on or otheranse
disturb adjoining property or to sinne and project upward to prevent the diffusion into the
mght sky
Hours of operation for &splay lights shall be dusk until 9 00 p m, with the understanding
that security lights will operate from 9 00 p m to daybreak
Maxnnum allowable floor area shall be 21,721 square feet, winch is a floor to area ratio of
23 1
4 Uses shall be hmlted to General Retail, Office and Auto Sales and Servme uses
5 No public address system shall be ~nstalled as part of site operations
SECTION 3 That the City's official zoning map is amended to show the change in zoning
dlstnct classification
~IECTION 4 That any person violating any provision of this ordinance shall, upon
conv~ct~on, be freed a sum not exceeding $2,000 00 Each day that a provision of tins ordanance is
violated shall constitute a separate and distinct offense
SECTION 5 That if any section, subsection, paragraph, sentence, clause, phrase, word, or
provisions of tins ordinance shall be adjudged invalid or held unconstitutional, the same shall not
affect the validity of tins ordinance as a whole or part or provisions hereof, other than the part so
decided to be mvahd or unconstitutional, and the City Council of the City of Denton, Texas hereby
declares it would have enacted such remmmng portions despite any such vahdity
~CTION 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 Orchnances of the City
of Denton shall remain in full force and effect
~ECTION 7 That this ordinance shall become effective fourteen (14) days from the date
of its passage, and the Caty Secretary is hereby directed to cause the caption of tins ordinance to be
pubhshed twice m the Denton Record-Chromcle, a daily newspaper published in the City of Denton,
Texas, witinn ten (10) days of the date ofgs passage
Page 2
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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 m the City of Danton, Denton County, Texas and being a portion of Block 8 of
Wlmbleton 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 smd tract of land also being described m deed to Physiman Reliance Network, Inc as
recorded m 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
Wlmbleton Village, Phase III, said iron pin being the southerly end of a right-of-way cutback
line at the lntersectlon 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)(ealled 300'
ROW)
THENCE N 71o46'48" E along the smd nght-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 55o13'20'' E along the smd southwesterly nght-of-way line of IN-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 smd Physician Rehance Network, Inc tract, contlnmng 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 smd
Physician Reliance Network, Inc tract,
THENCE S 47°15'56" E, along the southwesterly line of smd IH-35E and the northeasterly line
of smd 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 nght-of-way line of smd IH-35E and the northeasterly
line of said Block 8 and the northeasterly line of said Physicians Reliance Network, Inc tract the
following,
S 42°44'04" W, a distance of 257 36 feet to a capped 1/2" iron pin set,
N 55013'24'' W, a distance of 236 69 feet to a capped 1/2" iron pin set,
N 84°46'13'' W, a distance of 78 57 feet to a capped 1/2" iron rod set m the west line of
said Block 8, sa~d ~ron pin also being on the smd east nght-of-way line of said State
School Road,
THENCE N 05°13'47'' E along the east nght-of-way line of said State School Road, a distance
of 255 71 feet to the Point of Beginning and contmmng 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 m 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 Rehnace Network, Inc as
recorded in County Clerk's Document No 95-R0040143 of the Real Property Records of Denton
County, Texas 01PRDCT) and being more particularly described as follows
BEGINNING m a 1/2" iron md found at the easterly most northeast comer of said Block 8, smd
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 addmon to the City of Denton as recorded in Cabinet A, Page
244 (PRDCT), smd iron pin also being on the southwesterly right-of-way llne of Interstate
Highway No 35E (lI-I-35E)(ealled 300' R O W ), said iron pin also being at the most
northeasterly comer of smd Physician Reliance Network, Inc tract
THENCE S 42°46'40'' W, departing the southwesterly nght-of-way line of said IH-35E, along
the east line of smd Block 8 and the east line of smd Physician Reliance Network, Inc tract and
the west line of smd Lot 3 of the smd MeNatt Addition, Phase Two, a distance of 180 30 feet to a
1/2" iron pin found,
THENCE S 04°46'22'' W, along the east line of smd Block 8 and the east hne of said Physician
Reliance Network, Inc tract and the West line of smd Lot 3 of said McNatt Addition, Phase
Two, a distance of 176 28 feet to a 1/2" iron pin found at the southeast comer of said Physician
Reliance Network, Inc tract,
THENCE N 84050'46" W, departing the west line of smd Lot 3 and the east lme of said Block 8,
along the south line of said Phymclan Reliance Network, Inc tract, a distance of 382 06 feet to a
1/2" iron pin found in the west line of smd Block 8, said iron pin also being on the east
right-of-way line of State School Road (called 10fi R O W ),
THENCE N 05013'47'' E, along the east nght~of-way line of said State School Road and the
west line of smd Block 8 and the west lme of smd Physicians Reliance Network, Inc tract, a
distance of 270 17 feet to a capped 1/2" iron pin set in the west line of smd Block 8, said iron pin
also being m the east right-of-way line of said State School Road,
THENCE Idepartmg the east right-of-way line of said State School Road and the west line of
smd Block 8 and the west line of smd 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 55°13'24" 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
hn¢ of smd Block 8, and the northeasterly hne of smd Physician Rehance Network, Inc
tract, sa~d non pm also being ~n the southwesterly right-of-way hne of said IH-35E,
THENCE S 47015'56'' E along the sa~d southwesterly right-of-way hne ofg-I-35E and the
northeasterly line ofsa~d Block 8 and the, a d~stance of 62 23 feet to the Poant of Beglnmng and
eonta~mng 94,349 square feet or 2 166 acres of land, more or less
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