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
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