PD19-0005dS:\Legal\Our Documents\Ordinances\20\PD 19-0005 - Bucees Rezoining To PD.Docx
ORDINANCENO. PD19-OO05d
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING DISTRICT AND USE CLASSIFICATION ON 11.71-ACRES FROM PLANNED
DEVELOPMENT-MR (PD-MR) ZONING DISTRICT AND USE CLASSIFICATION TO
PLANNED DEVELOPMENT (PD) ZONING DISTRICT AND ON 0.93-ACRES FROM
MIXED USE NEIGHBORHOOD (MN) ZONING DISTRICT AND USE CLASSIFICATION
TO PLANNED DEVELOPMENT (PD) ZONNG DISTRICT, LOCATED ON THE
SOUTHWEST SIDE OF THE INTERSECTION OF THE SOUTHBOUND 1-35E SERVICE
ROAD AND BUC-EE’S BOULEVARD. IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS; ADOPTING AN AMENDMENT TO THE CITY’S OFFICIAL ZONING MAP;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (PD19-0005)
WHEREAS, Scott Ratcliff, on behalf of Buc-ee’s Ltd., applied for a zoning change on
approximately 12.64-acres of land from Planned Development-MR (PD-MR) District and Mixed-
Use Neighborhood (MN) District to Planned Development (PD) District, legally described in
Exhibit “A“ and depicted in Exhibit B, attached hereto and made a part hereof by reference (the
“Property”); and
WHEREAS, on May 20, 2020, the Planning and Zoning Commission, in compliance with
the laws of the State of Texas, gave the requisite notices by publication and otherwise, and held a
public hearing and afforded a full and fair hearing to all property owners interested in this regard,
and recommended approval (6- 1) of the amendment; and
WHEREAS, on June 16, 2020, the City Council likewise conducted a public hearing as
required by law, and finds that the request meets and complies with all substantive and procedural
standards for a rezoning to PD set forth in Section 2.7.3 of the Denton Development Code, and is
consistent with the Denton Plan 2030 and the Denton Development Code;
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for a change in the zoning classification of the property,
determined that the proposed use is in the best interest of the health, safety, morals, and general
welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the
opinion and finds that said zoning change is in the public interest and should be granted as set forth
herein; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The zoning district and use classification for the Property is hereby changed
from Planned Development-MR (PD-MR) District and Mixed-Use Neighborhood (MN) District
to Planned Development (PD) District. The Development Standards for the PD are described in
Exhibit “C,” attached hereto and incorporated herein by reference. The PD Development Plan
Map is depicted in Exhibit “D,” attached hereto and incorporated herein by reference.
Development of the Buc-ee’s outparcels shall be in accordance with the standards in Exhibit “C”
and the PD Development Plan Map shown in Exhibit “D.”
SECTION 4. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of the
remaining provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person, firm, partnership or corporation violating any provision of
this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished
by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this
ordinance is violated shall constitute a separate and distinct offense.
SECTION 6. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when
the offense was committed, and the former law is continued in effect for this limited purpose.
SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, 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 published twice in the Denton Record-
Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the
date of its passage.
The motion to aDDrove this ordinance was
seconded by
the following
,i
andmade
the mrovEd by
Aye Nay Abstain Absent
Mayor Chris Watts:xJ
,/Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2:r
Jesse Davis, District 3 :V/
./John Ryan, District 4:
Deb Al:minton At Large Place 5 :Z
Paul Meltzer, At Large Place 6:,/
PASSED AND APPROVED this, the
Page 2 of 3
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
//b)a
@{{ Cl
AARON LEAL. CITY ATTORNEY
Page 3 of 3
Exhibit A
Parcel 1
All that certain lot, tract or parcel of land lying and being a part of the Daniel Lombard Survey,
Abstract Number 784 and being a part of Joseph White Survey, Abstract Number 1433 and
being situated in the City of Denton, Denton County, Texas and being all of Lot 2, Lot 3, Lot 4,
and Lot 5, of Block A, Buc-ee’s #39 Subdivision Addition, as shown on Plat recorded in
Document Number 2016-2074, Plat Records, Denton County, Texas, being more fully described
by metes and bounds as follows:
BEGINNING at a TXDOT Monument Found at the Northwest corner of said Lot 2 ;
THENCE South 46 degrees 01 minutes 30 seconds East, 154.80 feet to a TXDOT monument
found;
THENCE South 60 degrees 38 minutes 36 seconds East, 103.06 feet to a TXDOT monument
found;
THENCE South 45 degrees 45 minutes 36 seconds East, 101.14 feet to a TXDOT monument
found;
THENCE South 50 degrees 45 minutes 06 seconds East, 20.31 feet to a TXDOT monument
found;
THENCE South 50 degrees 47 minutes 05 seconds East, 181.92 feet to a TXDOT monument
found;
THENCE South 56 degrees 41 minutes 16 seconds East, 130.50 feet to a TXDOT monument
found;
THENCE South 49 degrees 45 minutes 39 seconds East, 29.87 feet to capped iron rod found at
the beginning of a curve to the right with a radius of 1861.96 feet and a chord bearing and
distance of South 53 degrees 19 minutes 38 seconds East, 136.30 feet;
THENCE along said curve, an arc length of 136.33 feet to a capped iron rod found;
THENCE South 51 degrees 20 minutes 45 seconds East, 30 5.80 feet to a capped iron rod
found;
THENCE South 06 degrees 28 minutes 37 seconds East, 53.74 feet to a capped iron rod found;
THENCE South 38 degrees 31 minutes 08 seconds West, 1.78 feet to a capped iron rod found;
THENCE South 51 degrees 28 minutes 39 seconds East, 124.22 feet to a capped iron rod
found;
THENCE North 83 degrees 31 minutes 21 seconds East, 66.16 feet to a capped iron rod found;
THENCE South 50 degrees 47 minutes 43 seconds East, 59.02 feet to a point;
THENCE South 35 degrees 18 minutes 22 seconds East, 561.57 feet to a point;
THENCE South 38 degrees 31 minutes 55 seconds West, 65.67 feet to a capped iron rod
found;
THENCE South 32 degrees 44 minutes 11 seconds East, 25.67 feet to a capped iron rod found;
THENCE South 37 degrees 48 minutes 15 seconds West, 54.79 feet to a capped iron rod
found;
THENCE South 82 degrees 09 minutes 28 seconds West, 42.16 feet to a capped iron rod found
at the Southerly most Southeast corner of said Lot 8;
THENCE North 51 degrees 29 minutes 15 seconds West, 635.19 feet t o a capped iron rod
found at the Southerly most Southwest corner of said Lot 6;
THENCE South 38 degrees 31 minutes 19 second West, 56.38 feet to a capped iron rod found;
THENCE North 06 degrees 28 minutes 39 seconds West, 24.10 feet to a capped iron rod found;
THENCE North 50 degrees 57 minutes 09 seconds West, 98.00 feet to a capped iron rod found;
THENCE South 83 degrees 30 minutes 45 seconds West, 25.40 feet to a capped iron rod
found;
THENCE North 51 degrees 29 minutes 15 seconds West, 266.50 feet to a capped iron rod
found at the Southeast corner of said Lot 5;
THENCE North 51 degrees 29 minutes 15 seconds West, 583.06 feet to a capped iron rod
found at the beginning of a curve to the right with a radius of 488.41 feet and a chord bearing
and distance of North 45 degrees 49 minutes 40 seconds West, 97.24 feet;
THENCE along said curve, an arc length of 97.40 feet to a capped iron rod found;
THENCE North 40 degrees 10 minutes 10 seconds West, passing a capped iron rod found at
the Southwest corner of said Lot 3, and the Southeast corner of said Lot 2, 69.88 feet continuing
for a total distance of 331.16 to a capped iron rod found at the beginning of a curve to the right
with a radius of 98.00 feet and a chord bearing and distance of North 29 degrees 35 minutes 18
seconds West, 35.99 feet;
THENCE along said curve, an arc length of 36.20 feet to a capped iron rod found at the
Southwest corner of said Lot 2;
THENCE North 00 degrees 37 minutes 32 seconds West, along the West line of said Lot 2,
257.00 feet to a capped iron rod found;
THENCE North 54 degrees 34 minutes 33 seconds East, 18.71 feet to the POINT OF
BEGINNING and containing 11.71 acres of land, more or less.
Parcel 2
All that certain lot, tract or parcel of land lying and being a part of the Daniel Lombard Survey,
Abstract Number 784 and being a part of Joseph White Survey, Abstract Number 1433 and
being situated in the City of Denton, Denton County, Texas and being al l of Lot 6, Lot 7, and Lot
8, of Block A, Buc-ee’s #39 Subdivision Addition, as shown on Plat recorded in Document
Number 2016-2074, Plat Records, Denton County, Texas, being more fully described by metes
and bounds as follows:
BEGINNING at a concrete monument found at the Northeast corner of said Lot 8;
THENCE South 38 degrees 31 minutes 55 seconds West, 149.98 feet to a point;
THENCE North 35 degrees 18 minutes 22 seconds West, 561.57 feet to a point;
THENCE South 50 degrees 47 minutes 43 second East, 539.42 feet to the POINT OF
BEGINNING and containing 0.93 of an acre of land, more or less.
Exhibit B
Exhibit C
PD Development Standards
Dimensional Standards shall follow the approved concept plan.
Regulations
[1] Buildings adjacent to a Residential Zoning District shall comply with the standards in
Subsection 7.10.6: Building Height in Transition Areas.
[4] Additional height may be allowed with a specific use permit pursuant to Subsection
2.5.2: Specific Use Permit (SUP).
Standard
Minimum Lot
Area 2,500 square feet
Minimum Lot
Width 20 feet
Minimum Lot
Depth 50 feet
Minimum
Front Yard
Setback
20 feet
Side Yard
Setback None [1]
Rear Yard
Setback None [1]
Maximum
Building
Height
100 feet [1] [4]
Maximum
Building
Coverage
90%
Minimum
Landscape
Area
10%
Tree Canopy
Coverage
30%; each lot is responsible for 30% tree canopy being added to the
subdivision. If the individual lot plan cannot achieve 30% on their
respective lot, the trees required to achieve 30% are to be located
elsewhere within the Subdivision. A minimum of 20% of the required tree
canopy is to be placed on the respective developed lot. This will insure
adequate space for the trees and achieve the City’s goal of 30% tree
canopy with each lot development
Parking
Requirement
s
Per Use in PD Development Standards (Exhibit 11)
Tree Preservation – approved with the plat in 2016. This Planned Development cannot modify
the approved Tree Survey/Preservation Plan.
Subdivision and Vehicular Access Design – The subdivision intersection analysis was approved
by the City of Denton with CP16-0001 and SP17-0030. Any modification to the approved plan
will require additional review and approval of the subdivision inters ection analysis. Should the
revisions to the intersection analysis result in a revision of the PD Development Plan Map, the
revision must be approved per the requirements in Section 2.7.3C.6.d, PD Amendment
Procedures in the Denton Development Code.
Subdivision Drainage Design – The overall subdivision drainage design was approved by the
City of Denton with CP16-0001 and SP17-0030. Any modification to the approved plan will
require additional review and approval. Should the revisions to the approved drainage design
result in revision(s) to the PD Development Plan Map, the revision(s) must be approved per the
requirements in Section 2.7.3C.6.d, PD Amendment Procedures in the Denton Development
Code.
PD Development Plan – Development of the site shall be in accordance with Exhibit “C”, the PD
Development Plan Map. Any modification to the concept plan will require a revision of the PD
Development Plan Map, following the PD amendment procedures in Section 2.7.3C.6.d of the
Denton Development Code.
Subdivision Signage Regulations – Signage requirements shall be in accordance with
Subchapter 33 of the City Code of Ordinances.
Amenities Plan – This is a commercial subdivision; no amenities are proposed.
Parking Standards
The number of parking spaces required shall be based on the following:
A. Commercial Uses.
1. Business, general retail, personal services. General - one (1) space for three hundred (300)
square feet of gross floor area. Furniture and appliances - one (1) space per seven hundred
fifty (750) square feet of gross floor area.
2. Offices. Medical and dental - one (1) space per two hundred (200) square feet of gross floor
area. General - one (1) space per four hundred fifty (450) square feet of gross floor area.
3. Fast food restaurants, bars, ice cream parlors and similar uses. One (1) space per four (4)
seats or one (1) space per one hundred (100) sq. ft. of gross leasable floor area, whichever is
less. A minimum of three (3) spaces is required.
4. Sit-down restaurants and similar uses. A minimum of one (1) space per one hundred (100)
square feet of gross floor area to a maximum of one (1) space per forty (40) square feet of
gross floor area.
Where parking requirements for any use are not specifically defined in this section, such
requirements shall be governed by Subchapter 7.9 and Table 7.9-I in the 2019 Denton
Development Code.
EXHIBIT R.1 - MASTER PHASING PLANCopyright 2017 Ratcliff Engineering Services, L.L.C.Warning: This document is protected by U.S. Copyright Law Under Section 102 of the U.S. Copyright Act and the Architectural Works Copyright Protection Act of 1990. Unauthorized reproduction and distribution ofthis document or any portion of it, other than for use of this particular project, is prohibited and may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.(;+,%,7%