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1991-034FILE REFERENCE FORM 91-034 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. 99-317 09/07/99 JR Amended b Ordinance No. 2002-147 05/14/02 )R Amended by Ordinance No. 2003-166 06/03/2003 JK mi Iiero 3 << Note Amended by Ordinance No 99-317 Note Amended by Ordinance No 2002-147 ORDINANCE NO ?1-0.6-41 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CHANGE FROM AGRICULTURE (A) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSI- FICATION AND USE DESIGNATION FOR 450 6 ACRES OF LAND LOCATED ALONG U S INTERSTATE 35W AND BOUNDED BY BONNIE BRAE, ROARK BRANCH, AND HICKORY CREEK, APPROVING A GENERAL CONCEPT PLAN FOR THE DISTRICT, PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, HSM Inc , Trustee for Southwest Denton Joint Venture, has applied for a change in zoning for 450 6 acres of land from agriculture (A) to planned development (PD) zoning district classi- fication and use designation and for approval of a general concept plan for the district, and WHEREAS, on February 27, 1991, the Planning and Zoning Commis- sion recommended approval of the requested change in zoning and the approval of the general concept plan, WHEREAS, the City Council finds that the change in zoning and approval of the general concept plan will be in compliance with the Denton Development Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the zoning district classification and use designation of the 450 6 acres of land described in Exhibit A, attached to and incorporated into this ordinance by reference, is changed from agriculture (A) to planned development (PD) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas SECTION II That Exhibit B, attached to and incorporated into this ordinance by reference, is approved as the General Concept Plan for the district in accordance with article 11 of Appendix B- Zoning of the Code of Ordinances SECTION III That the City's official zoning map is amended to show the change in zoning district classification SECTION IV It shall be unlawful for any person to violate any condition or restriction imposed upon the use of any land under the provisions of this ordinance and any person found to be in viola- tion thereof shall, upon conviction, be fined a sum not exceeding $2,000 Each day that a violation occurs shall constitute a sepa- rate and distinct offense SECTION V 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 this ordinance to be pub- lished twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage J PASSED AND APPROVED this the-6 day of , 1991 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY fl` PAGE 2 EXHIBIT A ( 1 of 3 ) TRACT I BEING all that lot, tract or parcel of land out of the JAMES EDMONSON SURVEY, Abstract No 401 and the JAMES L HARRIS SURVEY, Abstract No 555 and a part of the S A PRITCHETT SURVEY, Abstract No 1021, situated about 4 miles South 35 West from the courthouse in Denton County, Texas, and embracing Parcel No 1, Parcel No 2 and Parcel No 3 described in the dead to Henry S Miller Company recorded in Volume 2240, Page 481 of the Denton County Dead Records; BEGINNING at the Southeast corner of said J E Edmonson Survey in the middle of a County Road for the Southeast corner of said Parcel No 1, from which an 8" pipe post bears N 88 50-1/2' W, 30-5/10 feet; THENCE N 88 50-1/2' W, to and along a fence for the South line of said Parcel No 1, a distance of 2,658-8/10 feet to a 1-inch iron on the west side of a corner post of a fence, for the Southwest corner of said Edmonson Survey and the Southeast corner of said S A Pritchett Survey and Southerly Southwest corner of said Parcel No 1; THENCE N 00 33' E, along the common line of said Edmonson and Pritchett Surveys for the Southerly West line of said Parcel No 1, a distance of 2,217-5/10 feet to a 1-inch iron on the East side of an old 10-inch oak corner post of a fence for a reentrant corner of said Parcel No 1, THENCE N 89 07' W, along a South line of said Parcel No 1, a distance of 1,997-5/10 feet to a 1-inch iron for the Westerly Southwest corner of said parcel No 1 and the Southerly Southeast corner of the 42-526/1000 acres tract described in the deed to the State of Texas for highway right-of-way recorded in Volume 529, Page 538 of the said Deed Records; THENCE NORTHERLY, along the Westerly line of said Parcel No 1 and Easterly line of said State of Texas tract 1 N 27 24' E, 67-4/10 feet, 2 N 30 31' E, 599-9/10 feet to a damaged highway monument; 3 N 77 38' E, 312-5/10 feet to a highway monument; 4 N 27 43' E, 644-5/10 feet to a highway monument; 5 N 17' 37' W, 183-1/10 feet to a damaged highway monument; 6 N 62 28' W, 139-2/10 feet to a highway monument; 7 N 27 28' E, 426 feet to a highway monument; 8 N 22' 23' E, 99-7/10 feet to a damaged highway monument; 9 N 27 37' E, 1,270-5/10 feet to a 1-inch iron in the North line of sa id Pritchett Survey and for the Northwest corner of said Parce l No 1; EXHIBIT A ( 2 of 3 ) THENCE S 89 02' E, along the said North line of Pritchett Survey, to and along the North line of said Harris Survey, for the North line of said Parcel No 1, a distance of 3,061-8/10 feet to a f- inch iron for the Northwest corner of said Harris Survey and said Parcel No 1, Thence S 00 08' W, to and along the said middle of County Road, being along the East line of said Harris Surv ey, to and along the East line of said Edmonson Survey for the East line of said Parcel No 1, a distance of 5,299-2/10 feet to the PLACE OF BEGINNING, containing 401-23/100 acres of which 3-96/100 acres lie within said County Road, leaving 397-27/100 acres exclusive of said Road PARCEL 2 BEGINNING at a 1-inch iron on the Northwest side of a corner post of a fence for the Northwest corner of said Parcel No 2 and by previous deed call to be the Northwest corner of said S A Pritchett Survey, Abstract No 1021, THENCE S 89 02' E, along the North line of said Pritchett Survey for the North line of said Parcel No 2, a distance of 1,602-6/10 feet to a 1-inch iron for the Northeast corner of said Parcel No 2 and the Northerly Northwest corner of the 42-526/1000 acres tract described in the deed to the State of Texas for highway right-of-way recorded in Volume 529, Page 538 of the said Deed Records; THENCE SOUTHWESTERLY, along the Easterly line of said Parcel No 2 and Westerly line of said State of Texas tract; 1 S 27 33' W, 789-3/10 feet to a damaged highway monument, 2 S 37 33' W, 405-2/10 feet to a highway monument, 3 S 27 44-1/2' W, 424-4/10 feet to a highway monument, 4 N 62 24' W, 490-2/10 feet to a damaged highway monument for a Northwest corner of said State of Texas tract in the North line of the right-of-way of the Denton to Ponder Road, THENCE N 61 52' W, along the said North line of right-of-way of the Ponder Road for a Southwesterly line of said parcel No 2, a distance of 423-8/10 feet to a 1-inch iron for the Southwest corner of said Parcel No 2; THENCE N 00 53' E, along the West line of said Parcel No 2, a distance of 996-8/10 feet to the PLACE OF BEGINNING, containing 35-6/10 acres EXHIBIT A ( 3 of 3 ) TRACT II PARCEL 3 BEGINNING at a 3/4-inch iron for the Southwest corner of said Parcel No 3 and being by deed call in the West line of said S A Pritchett Survey, Abstract No 1021, THENCE N 00 53' E, along the West line of said Parcel No 3, a distance of 1,963 feet to a 1-inch iron for the Northwest corner of said Parcel No 3 in the Southerly line of right-of-way for the Denton to Ponder Road, THENCE S 62 171 E, along the said Southerly line of right-of-way, for the Northerly line of said Parcel No 3, a distance of 372 feet to a highway monument for a Southwest corner of the 42-526/1000 acres tract described in the deed to the State of Texas for highway right-of-way recorded in Volume 529, Page 538 of the said Deed Records, THENCE SOUTHEASTERLY and SOUTHWESTERLY, along the Easterly line of said Parcel No 3 and said Westerly line of State of Texas tract 1 S 38 261 E, 208-5/10 feet, 2 S 6 10-1/2' W, 204 feet to a 7/8-inch iron, 3 S 27 39' W, 400-2/10 feet to a highway monument, 4 S 27 411 E, 351-5/10 feet to a damaged highway monument, 5 S 27 401 W, 856-5/10 feet to a 1-inch iron for the Southeast corner of said Parcel No 3 and the Southerly Southwest corner of said State of Texas tract, THENCE N 89 07' W, along the South line of said Parcel No 3, a distance of 47-1/10 feet to the PLACE OF BEGINNING, containing 13-83/100 acres GENERAL CONCEPT PLAN FOR 450 6 ACRE PLANNED DEVELOPMENT BUSINESS VILLAGE (Henry S Miller/Grubb & Ellis Tract) 1 Relation to comprehensive Plan This tract is located southwest of the Denton Municipal Airport and within the Special Purpose Activity Center 2 Size of District The district includes 450 6 acres 3 Terms Terms used in this General Concept Plan shall have the meanings as defined in the Code of Ordinances of the City of Denton, unless defined in this Plan 4 Ordinance Governing This District and General Concept Plan are approved in accordance with and shall be governed by the provisions of article 11 of Appendix B-Zoning of the Code of Ordinances 5 Permitted Uses The following uses and combination of uses are permitted (a) Hospitality Uses Facilities which offer transient lodging accommodations to the general public and which may provide additional services such as, but not limited to, restaurants, meeting rooms, and recreation facilities Uses such as hotels, motels, and convention, meeting, and conference facilities will provide support for the office, institution and manufacturing and distribution uses in the district (b) Institutional Uses Facilities for large governmental, educational, medical and cultural facilities compatible with business and industrial park uses (c) Manufacturing and Distribution Uses This category permits the development of manufacturing and distribution uses, but excludes any residential or multifamily land uses This category encourages manufacturing, assembly and warehouse and distribution type facilities (d) Office Uses The office use category (along with interior secondary support retail facilities serving the office employees and guests, such as but not limited to, sundries, eating facilities) is encouraged as support for the Manufacturing and Distribution and Hospitality uses Office uses may also consist of independent office develop- General Concept Plan-Business Village Page 2 ments which are well planned, amenity oriented facilities for service, industrial, and institutionally related users (e) Residential/Multifamily Uses The residential/multi- family use category will provide for convenient nearby housing for a portion of the population to be employed in the "Business Village" A mix of mid to high density residential uses (single-family to multi-family) and the residential uses will be no more intensive than the parameters shown in the Development Standards The front yard of every single family home must have a minimum of two hardwood trees prior to occupancy (f) Retail and Service Any establishment whose primary purpose is to provide goods and services to the general public for their use or consumption The retail uses category includes community shopping centers, automobile services, and other retail and personal services These facilities are compatible with the freeway corridor and will be well planned amenity oriented facilities designated to serve the regional population The permitted uses exclude residential/multifamily uses (g) Recreational Uses The Manufacturing and Distribution, Hospitality, Office, and Institutional uses may have recreational facilities to support the health and welfare of employees including but not limited to golf courses, racquetball, polo, soccer, etc These types of recre- ational uses are proposed to be developed in conjunction with the open spaces and the intent of the overall planned development (h) Accessory Uses A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with a principal use 6 Prohibited Uses The following uses are prohibited in the district Cement, lime, gypsum or plaster manufacturing Cemetery Concrete or asphalt batch plants (permanent facilities) Contractor's yard Fat rendering or animal reduction Fertilizer manufacturing Forge plant General Concept Plan-Business Village Page 3 Gas, butane, propane operations Halfway house Hazardous and/or toxic chemical manufacturing Junk or salvage yard Machine shop or welding Mining or topsoil extraction Mobile home display or sales Paper or pulp manufacture Pawn shop Petroleum products refining Radio or T V broadcast or microwave towers Railroad yard or roundhouse Sexually oriented businesses Smelting of ores or metals Stockyards or slaughterhouse Development Standards (a) Hospitality The development standards for property designated for hospitality uses shall be as follows Minimum lot area Minimum lot width Minimum lot depth Front yard setback Rear yard setback Side yard setback Corner lot requirement Maximum building height Maximum lot coverage Maximum floor to area ratio Parking 5 AC 200 FT NONE 25 FT 10 FT 10 FT 25 FT 20 stories 50% 2 1 As listed for each use in the Denton zoning ordinance (b) Institutional The development standards for property designated for institutional uses shall be as follows Minimum lot area None Minimum lot width None Minimum lot depth None Front yard setback 25 FT Rear yard setback 10 FT Side yard setback 10 FT Corner lot requirement 25 FT Maximum building height 43 FT* Maximum lot coverage 50% Maximum floor to area ratio 2 1 General Concept Plan-Business Village Page 4 Parking As listed for each use in Denton zoning ordinance * Height may be increased by 1 ft above 43 ft for each one foot of increase in the front, side, and rear yard setbacks, up to a maximum of 20 stories (c) Manufacturing and Distribution The development standards for property designated for manufacturing and distribution uses shall be as follows Minimum lot area 2 5 AC Minimum lot width 200 FT Minimum lot depth NONE Front yard setback 25 FT Rear yard setback 10 FT Side yard setback 10 FT Corner lot requirement 25 FT Maximum building height 43 FT* Maximum building coverage 75% Maximum floor to area ratio 1 1 Parking As listed for each in the Denton zoning ordinance * Height may be increased by 1 ft above 43 ft for each one foot of increase in the front, side, and rear yard setbacks, up to a maximum of 8 stories (d) Office The development standards for property designated for commercial uses shall be as follows Minimum lot area Minimum lot width Minimum lot depth Front yard setback Rear yard setback Side yard setback Corner lot requirement Maximum building height Maximum lot coverage Maximum floor to area r Parking use in None None None 25 FT 10 FT 10 FT 25 FT 43 FT* 50% do 3 1 As listed for each Denton zoning ordinance * Height may be increased by 1 ft above 43 ft for each one foot of increase in the front, side, and rear yard setbacks, up to a maximum of 20 stories General Concept Plan-Business Village Page 5 (e) Residential/Multifamily Uses The development stan- dards for property designated for residential/multifamily uses shall be as follows Minimum lot area Minimum lot width Minimum lot depth Front yard setback Rear yard setback Side yard setback Corner lot requirement Maximum building height Maximum lot coverage Maximum Density Parking use in 6000 SQ FT 60 FT 100 FT 25 FT S F 20 FT M F S F 6 FT M F 16 FT S F 2 1/2 stories M F 3 stories 40% 20 0 DU/AC As listed for each Denton zoning ordinance * * Multifamily rear yard 20 ft minimum, if greater than 2 stories, the rear yard setback shall be equal to one foot per each 2 ft of height to a maximum setback of 50 ft Multifamily side yard 10 ft minimum, if greater than 2 stories, the side yard setback shall be equal to one foot per each 2 ft of height to a maximum setback of 50 ft (f) Retail The development standards for property desig- nated for retail uses shall be as follows Minimum lot area Minimum lot width Minimum lot depth Front yard setback Rear yard setback Side yard setback Corner lot requirement Maximum building height Maximum lot coverage Maximum floor to area r Parking use in the None None None 25 FT 10 FT 10 FT 25 FT 43 FT 50% do 0 8 1 As listed for each Denton Zoning Ordinance General Concept Plan-Business Village Page 6 (g) Adjacency Relationships for residential/multifamily uses (1) At least 50% of the total perimeter of a tract used for residential use (including multifamily) shall be adjacent to one or a combination of the following uses (i) open space (ii) Existing residential/multifamily uses or residential/multifamily zoned property (iii) Existing or proposed arterial roadway or in- terstate highway right-of-way (iv) Existing undeveloped property (2) No residential/multifamily use shall be located adjacent to manufacturing or bulk distribution uses, unless said residential/multifamily use is separated from those uses by an arterial roadway or a non- residential to residential/multifamily building-to- building separation distance of not less than 150 feet (h) Setbacks The following setbacks shall control over any other specified setbacks (1) The minimum setback for buildings and parking facilities shall be forty (40) feet from the right-of- way line of I H -35W (2) No residential and multifamily buildings shall be permitted within 250 feet of the centerline of inter- state 35 W (3) Residential and multifamily buildings to be locat- ed adjacent to undeveloped property zoned for non- residential or multifamily uses shall observe an 80 foot building setback from the common property line (4) Non-residential and multifamily uses shall observe a minimum 100 foot building-to-building setback from existing adjacent residential and multifamily build- ings General Concept Plan-Business village Page 7 (5) Residential and multifamily buildings to be lo- cated adjacent to existing non-residential or multifam- ily uses shall observe a 100 foot building-to-building setback from existing adjacent non-residential build- ings (i) Denton Airport Zoning Regulations All buildings and structures in the district shall also be subject to the height limitations of the Municipal Airport Zoning Regula- tions and federal regulations (j) Open Space The open Space in the district shall con- tain 15% (or over one-seventh) of the gross land area in the existing 450 6 acre tract The open space will consist of at least all Roark Branch Floodway and those flood prone areas generally north of the first USGS elevation 576 con- tour which is south of the original channel of Hickory Creek The areas along the edge of the original channel of Hickory Creek will provide an ideal alignment and location for a future "hike/bike/pedestrian" trail (k) Landscaping and Trees The regulations of the Denton Landscape Code in effect on the date of the approval of this Plan shall apply to the District (1) Development Intensity The overall intensity of development for the gross area, 450 6 acres, shall not exceed a floor to area ratio of 1 5 to 1 Miller2 _ ggE ~ ff M i E C Y C UW EI' a ~ ' 711' g + n c j g ~s iy ~ E ~S II Duos auuol)-l-uvou eluno~ 1 Will MY 11% AY 1114 1j,, k,r k 4 I s ~6i y 4y~ IR I 1 It ~ r r~ o I I J z as a ~ V171A A =41610Y M` w a M~ V g abed abeTTtn ssauisng--ueTd }daouoo TezauaD