1990-048NO. &nQ~19
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM SINGLE FAMILY 7 (SF-7) TO PLANNED DEVELOPMENT (PD) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 12.33 ACRES OF LAND
LOCATED EAST OF MALONE STREET AND SOUTH OF U.S. HIGHWAY 380, AS IS
MORE PARTICULARLY DESCRIBED HEREIN, PROVIDING FOR THE APPROVAL OF
A CONCEPT PLAN FOR THE DISTRICT; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Denton Independent School District has petitioned
for a change in zoning from Single Family 7 (SF-7) to Planned
Development District classification and use designation for the
12.33 acres of land herein described; and
WHEREAS, the School District has submitted alternative concept
plans based on the whether right-of-way may be released and incor-
porated for use in the District in the future; and
WHEREAS, the Planning and Zoning Commission approved the
petition at its meeting on February 28, 1990;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the zoning district classification and use
designation of the real property described in Exhibit A, attached
hereto and incorporated herein by reference, is changed from Single
Family 7 (SF-7) to planned development (PD) zoning district classi-
fication and use designation under the comprehensive zoning ordi-
nance of the City of Denton, Texas.
SECTION II. That the concept plan, attached hereto and
incorporated herein by reference as Exhibit B, is approved in
accordance with article 11 of Appendix B - Zoning of the Code of
Ordinances.
SECTION III. That the District shall be subject to the
following conditions:
(1) Site Plan B may be used as an alternative to Site Plan A
as part of the adopted Concept Plan if the State Depart-
ment of Highways and Public Transportation approves the
petitioner's request to release the 0.631 acres of land
within the existing right-of-way along University Drive
to the petitioner. Site Plan A shall be used as the site
plan for the approved Concept Plan if the additional
acreage is not released at the time a detailed plan is
submitted for the district.
(2) Median improvements to prevent outbound left turn lanes
from Lot lA shall be required along University Drive at
the time Lot lA is being developed, at no cost to the
city.
(3) The proposed driveway for Lot 1 shall be constructed with
separated right turn-in and turn-out lanes as required by
the concept plan.
(4) The intersection of Cornell and University Drive shall be
signalized and a left turn lane on westbound University
Drive shall be constructed. The required signalization
and improvements shall be made with the development of
Lot 1, at no expense to the City.
(5) The pedestrian bridge shall be built when Lot lA is
developed.
(6) A sanitary sewer line shall be extended across the front-
age of Lot 1A with the development of the lot, in accor-
dance with the Subdivision Regulations, at no expense to
the City. No additional service connections shall be
made to the existing sanitary sewer line that runs diag-
onally across Lot 1 and 2. The existing sanitary sewer
service line shall be relocated when Lot lA is developed,
at no expense to the City.
(7) If fill material is placed in the existing floodway to
build the parking lot proposed for Lot 1A, excavation and
grading of the drainage channel shall be required to
offset the effects of the fill material, as determined
necessary by the City Engineer. The drainage modifica-
tions shall be made at no expense to the City.
(8) With the development of Lot 1, drainage channel improve-
ments shall be made that meet the design requirements of
the flood study approved by F.E.M.A. The improvements
shall be made at no expense to the City.
SECTION IV. That the Zoning Map of the City of Denton, Texas,
adopted the 14th day of January, 1969, as an Appendix to the Code
of ordinances of the City of Denton, Texas, under Ordinance No. 69-
1, as amended, is further amended to show the change in the zoning
district classification and use designation for the property
described.
SECTION IV. That this ordinance shall become effective
immediately upon its passage and approval.
Z89-009/PAGE 2
,
PASSED AND APPROVED this the ~~day of ""7TT
1990. Of
RAY STE S, YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY: Z89-009/PAGE 3
EXHIBIT "A"
12.3 ACRES
All that certain tract of land situated in the Robert Beaumont Survey
Abstract Number 315, Denton County, Texas and being all of the called 2.431
acre tract described in the Deed from Newton Rayzor to Denton Independent
School District recorded in Volume 455, Page 663 of the Deed Records of
Denton County, Texas and a portion of the two tracts described the Deeds
from Newton Rayzor to Denton Independent School District recorded in Volume
453, Page 193 (called 11.014 acres) and in Volume 450, Page 260 (called 11
acres) of the said Deed Records of Denton County, Texas and a portion of
the U. S. Highway 380 right-of-way; the subject tract being more
particularly described from record information as follows:
BEGINNING for the Northeast corner of the tract being described herein at
the Northeast corner of the said 2.431 acre tract in the Southerly right-of-
way line of U. S. Highway 380 (West University Drive);
THENCE South 00 Degrees 59 Minutes West with the Easterly line of the said
2.431 acre tract, passing the Southeast corner thereof and the Northeast
corner of the called 1.733 acre tract described in the Deed from Denton
Independent School District to J. Newton Rayzor recorded in Volume 519,
Page 18 of the said Deed Records and continuing with the Westerly line of
the thereof, in all, a total distance of 811.5 feet more or less to the
Southwest corner thereof in the Southerly line of the said 11.014 acre
tract;
THENCE North 88 Degrees 34 Minutes West with the Southerly line of the said
11.014 acre tract a distance of 420 feet to the Southerly Southwest corner
of the herein described tract;
THENCE North 00 Degrees 59 Minutes East parallel with the Easterly line of
the herein described tract a distance 513.6 feet more or less to the
Southerly line of a proposed 60 foot Drainage Easement as shown on the
Concept Plan accompanying this description;
THENCE North 88 Degrees 26 Minutes West with the Southerly line of the
Drainage Easement, parallel with the Southerly right-of-way of University
Drive a distance of 682.7 feet more or less;
THENCE North 01 Degrees 30 Minutes East, passing the Southeast corner of
the called 1.004 acre tract described in the Deed from Denton Independent
School District to Newton Rayzor recorded in Volume 445, Page 661 of the
said Deed Records and continuing with the Easterly line of the thereof, in
all, a total distance of 290 feet more or less to the the Northeast corner
thereof in the Southerly right-of-way line of University Drive;
THENCE Easterly with the Southerly right-of-way of University Drive part of
the way the following 3 calls:
1. South 88 Degrees 26 Minutes East a distance of 550 feet more or less
to a reentrant corner in the right-of-way;
2. South 88 Degrees 26 Minutes East a distance of 275.2 feet more or
less to the beginning of a curve to the left having a radius of
4267.6 feet;
3. With the said curve an arc length of 275 feet more or less to the
PLACE OF BEGINNING and enclosing approximately 12.3 acres of land.
This description with the accompanying Concept Plan were prepared from
record information only.
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DEVELOPMENT STANDARDS
CONCEPT PLAN
DETAILED PLAN
1. Statement of Intent of Owner:
SEE APPENDIX NO. 1
2. Statement Indicating Relation to Denton DevelopmentPlan. APPROXI1'.AT EL Y 7.8
NACRES OF THIS SITE ALONG U.S. HIGHWAY 380 AND NORTH OF THE CREEK
IS LOCATED IN A MODERATE ACTIVITY CENTER. THE REP"iAINING 14 ACRES
SOUTH OF THE CREEK WHICH INCLUDES THE EXISTING SCHOOL BUILDING AND
THE PROPOSED PARK IS LOCATED IN A LOW INTENSITY AREA AND ZONED SF-7
3. Total Number of Acres in Proposed District:
12.33 acres
4. Land Uses and Total Number of Acres in Each Parcel or Tract: SEE APPENDIX NO. 2
Total Proposed Acreage
a. Single Family Detached
b. Single Family Attached (townhouses, cluster, etc.)
c. Attached Patio/Garden/Zero Lot Line
d. Duplex
e. Multi-Family
f. Office
g. Neighborhood Service
h. General Retail
i. Commercial
j. Light Industrial
k. Heavy Industrial
1. Other (specify)
3-1
Z89-009
Development Standards
Page 2
5. Off-Site Information - adjacent or surrounding land uses, zoning, streets,
drainage facilities, and other existing or proposed improvements.
(Shown on concept ordebailea plan.)
6. Traffic and Transportation - indicate existing and proposed streets, parking lots,
loading areas, access points. (Shown on concept of 'tea-plan.)
Projected Traffic Generation. (Based on traffic study, if required.)
Traffic study has been prepared by the Engineering staff City
of ueffLOn.
7. Buildings:
a. Approximate location. (Shown on concept plan.)
b. Maximum height:
Three stories
c. Minimum set %W $UILW& ~{}I,~.~&epf0 fT ~i. )
SIDE BUILDING SETBACK: 20 FT. MINIMUM
d. Maximum gross floor area (square feet) for nonresidential:
SEE APPENDIX NO. 2
8. Residential Subdivision: N/A
a. Number of units per acre (density):
b. Number and location of lots: (Shown on concept or detailed plan.)
c. Minimum size, width and depth of lots: (Shown on concept or detailed plan.)
d. Minimum front, side and rear yard setbacks: (Shown on concept or detailed plan.)
3-2
Z89-009
Development Standards
Page 3
9. Water and Drainage - approximate location of all existing or proposed creeks,
ponds, lakes, ftoodplains, other water retention or major drainage facilities
and improvements. (Shown on concept or detailed plan.)
10. Utilities - location of all major sewer, water or electrical lines and facilities.
(Shown on concept o--4e*e#zcd plan.)
11. Location of trees 3" in diameter - six (6) feet from ground level.
(Shown on concept _vz-494A4-1e4 plan.)
12. open Space - location and size of greenbelts, parks, common and recreational areas.
(Shown on concept rn-4etai4ed plan.)
NEIGHBORHOOD PARK: 3.9 ACRES
13. Screening - location, type and size of all fences, berms or screening features.
(Shown on concept or detailed Fla-A-) 25 / FRONT YARD LANDSCAPING ALONG
-41UNIVERSITY DRIVE WILL BE PROVIDED TO ENHANCE THE CHARACTER OF THIS
DEVELOPMENT. THE DRAINAGE EASEMENT WILL ACT AS A NATURAL SCREEN
BETWEEN THE DEVELOPED LANDS AND THE SCHOOL & PARK LANDS.
14. Development Schedule (concept plan) - showing specific date detailed plan will
be submitted, date to start construction and complete construction, and rate of
development. All dates should indicate month and year.
SEE APPENDIX NO. 3
ADDITIONAL REQUIREMENTS FOR A DETAILED PLAN
15. Zandscaping Plan - major features and types of landscaping to be used.
3-3
Z89-009
Development Standards
Page 4
16. Signs - show location, type and size on detailed plan; otherwise, signs must
conform to Article 17 of the zoning Ordinance.
17. Sidewalks. (Shown on detailed plan.)
18. All information required for preliminary plat in accordance with Appendix A
(Denton Development Code) of the Code of Ordinances.
(A separate plat is required.)
19. Development Schedule (detailed plan) - indicating start and completion of
construction and the rate of development. All dates should indicate month
and year.
ab
3/87
3-4
Z89-009
DENTON I.S.D. PLANNED DEVELOPMENT DISTRICT
APPENDIX NO. 1
1. STATEMENT OF INTENT OF OWNER:
Denton Independent School District owns the 21.8 acre tract as
indicated on the accompanying Concept Plan. Denton I.S.D. wishes to
reclaim potentially valuable land along the University Dr. frontage
now occupied by Pecan Creek drainage facilities (unimproved). The
plan is to obtain approval for PLANNED DEVELOPMENT DISTRICT Zoning
on approximately 12 acres (shown as Lots 1 s 2) at the Concept Plan
stage and marketing, as a package, the land and the Plan to private
developers on a bid basis. Foremost is the requirement of creating
a quality development which would serve as an example for other
development in the City of Denton. Approval of this plan and
subsequent development would: 1) add considerable value to the tax
base by converting currently exempt property; 2) create a safer
environment for the children at Newton Rayzor Elem. by adding an
improved buffer between the school and the major thoroughfare; 3)
improve the drainage in the area; 4) add a neighborhood park to the
City of Denton park system; 5) encourage economic development along
the "compact growth" guidelines called for in the Denton Development
Plan by utilizing existing infrastructure.
It is the District's intention to submit all of Lot 1 as a single
development. Plan A shows the proposed development utilizing all of
the lands currently under it's ownership. Plan B shows an
alternative scheme including lands contained within a 50 foot strip
of U. S. 380 R.O.W. should negotiations with the State Department of
Highways and Public Transportation allow its use in this
development.
3-5
Z89-009
APPENDIX #2
DENTON I.S.D. PLANNED DEVELOPMENT DISTRICT
1. LIST OF PERMITTED USES (PLAN A)
LOT 1 - 7.8 Acres
A. Restaurant:
Maximum floor area: 7,000 sq. ft.
Maximum floor area to be used for dancing: 2,000 sq.
ft.
B. Offices:
Maximum floor area: 17,900 sq. ft.
C. Retail:
Maximum floor area: 34,400 sq. £t.
Antique Shop
Cafetaria
Cleaning and Pressing
Small Shop and Pickup
Drapery,Needlework or
Weaving Shop
Handicraft Shop
Household Appliance
Service and Repair
Mimeograph, Stationery
or Letter Shop
Offices, Professional
and Administrative with
accessory uses
Licensed Private Club
Pawn Shop
Retail Stores and Shops
Secondhand Store, Used
Furniture or Rummage Store
Video Store
2.
3
2128x
Bakery or Confectionery
Shop or Retail
Custom Personal Service
Shop
Florist or Garden Shop
Greenhouse or Plant
Nursery (Retail)
Laundry or Cleaning
Self Service
Mortuary or Funeral
Parlor
Off-Premise Sale of
Beer and/or Wine
On-Premise Sale of
beer and/or wine
Tool or Trailor Rental
Studio for Photographer
Musician, Artist or
Health
Parking requirement for Plan A is 248 parking spaces.
Lot 2 - 3.9 Acres, Proposed for use as a Park.
3-6
Z89-009
APPENDIX #2
DENTON I.S.D. PLANNED DEVELOPMENT DISTRICT
1. LIST OF PERMITTED USES (PLAN B)
Lot 1 - 8.4 Acres
A. Restaurant:
Maximum floor area: 7,625 sq. ft.
Maximum floor area to be used for dance hall: 2,000
sq. ft.
B. Offices:
Maximum floor area: 18,000 sq. ft.
C. Retail:
Maximum floor area: 37,375 sq. ft.
Antique Shop
Bakery or Confectionery
Cafetaria
Shop or Retail
Cleaning and Pressing
Custom Personal Service
Small Shop and Pickup
Shop
Drapery,Needlework or
Florist or Garden Shop
Weaving Shop
Greenhouse or Plant
Handicraft Shop
Nursery (Retail)
Household Appliance
Laundry or Cleaning
Service and Repair
Self Service
Mimeograph, Stationery
Mortuary or Funeral
or Letter Shop
Parlor
Offices, Professional
Off-Premise Sale of
and Administrative
Beer and/or Wine
with accessory uses
On-Premise Sale of
Licensed Private Club
beer and/or wine
Pawn Shop
Tool or Trailor Rental
Retail Stores and Shops
Studio for Photographer
Secondhand Store, Used
Musician, Artist or
Furniture or Rummage Store
Health
Video Store
2. Parking requirement for Plan B is 269 parking spaces.
3. Lot 2 - 3.9 Acres, Proposed for use as a Park.
3-7
2128x Z89-009
u ~
16,
~FNj ~'OL~6~NT
Attachment #4 Z-89-009
Parking Standards for Mixed Use Development
Parkine Requirements - Plan A:
WEEKDAY
Daytime Evening
(9 a.m. - (6 p.m. -
4 p.m.) midnight)
Office 60 6
Retail 103 154
Restaurant 35 70
WEEKEND NIGHTTIME
Daytime Evening -
(9 a.m. - (6 p.m. - midnight
4 p.m.) midnight) - 6 a.m.)
6 3 3
172 120 9
70 70 7
TOTAL 198 230 248 193 19
Parking requirement is 248 spaces.
Parking Requirements - Plan B:
WEEKDAY
Daytime
Evening
(9 a.m. -
(6 p.m. -
4 p.m.)
midnight)
Office 00
6
Retail 112
168
Restaurant 38
76
TOTAL 210 250
Parking requirement is 269 spaces.
WEEKEND
NIGHTTIME
Daytime
Evening
-
(9 a.m. -
(6 p.m. -
midnight
4 p.m.)
midnight)
- 6 a.m.)
6
3
3
187
130
11
76
76
8
269
209
22
2128x
Z89-009