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PD20-0002d - DENIEDORDINANCE NO. PD20-OO02d AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING A REZONING FROM GENERAL OFFICE (GO) AND RURAL RESIDENTIAL (RR) DISTRICTS TO A PLANNED DEVELOPMENT (PD) DISTRICT ON AN APPROXIMATELY 90-ACRE PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF LOOP 288, BETWEEN NORTH ELM STREET AND BONNIE BRAE STREET, 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. (PD20-OO02d) WHEREAS, Aimee Bissett applied on behalf of the property owner, First Baptist Church of Denton, for a zoning change from General Office (GO) and Rural Residential (RR) Districts to a Planned Development (PD) District on approximately 90 acres of land, legally described in Exhibit “A“ and depicted in Exhibit “B” (hereinafter, the “Property”); and WHEREAS, pursuant to Denton Development Code (DDC) Section 3.6.1, Planned Development districts are intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial, or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional base zoning districts WHEREAS, pursuant to Section 2.7.3 A, the purpose of rezoning to a PD is to achieve greater flexibility than allowed by the strict application of this DDC, and/or to encourage unique or innovative land use concepts, while providing greater benefit to the City and to ensure efficient provision of serves and utilities; specifically, the purpose of the PD is to define a use type (“Fleet Service Provider“) with use-specific standards not previously defined in the DDC in accordance with Sections 3.6.1 and 2.7.3A; and WHEREAS, on January 20, 2021, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, have given the requisite notices by publication and otherwise, and have held due hearings and afforded full and fair hearings to all property owners interested in this regard, and have recommended approval (5-1) of the change in the zoning classification of the property to a Planned Development (PD) District; and WHEREAS, on March 16, 2021 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 zoning change 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 and any other applicable adopted plans; and WHEREAS, the City Council finds that the uses allowed by the PD are compatible with the surrounding area, have minimal impacts on future development of the area, meets all other standards of the DDC and other applicable city codes, that any impacts associated with access, 1DENIED traffic, emergency services, utilities, parking, refuse areas, noise, glare, and odor have been adequately mitigated, and the uses do not adversely impact the health, safety, and welfare of the inhabitants of the area and the City of Denton; and 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, have 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 and found to be true. SECTION 2. The zoning district and use classification for the Property is hereby changed from GO and RR Districts to PD District. The PD Development Plan depicting the proposed development layout for the site is provided in Exhibit “C” attached hereto and incorporated herein by reference, and the Development Standards for the PD are described in Exhibit “D” attached hereto and incorporated herein by reference. Development of the Property shall be in accordance with the Development Plan shown in Exhibit “C” and the standards in Exhibit “D.” SECTION 3. The City’s official zoning map is hereby amended to show the change in the zoning district and use classification. 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 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. 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 approve this ordinance and seconded by ordinance was passed and approved by the following vote [_ - J : was made by the 2DENIED Aye LSJa ,_ Abstain Absent Gerard Hudspeth, Mayor: Birdia Johnson. District 1 : Connie Baker. District 2: Jesse Davis. District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of 202 1 GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY Digitally signed by Mack .„ a„z n--~DRein wand Date: 2021.03.10 23:43:40 DENIED Exhibit A BEING a 90.00 acre tract of land situated in the ALEXANDER WHITE SURVEY, Abstract Number 1406, and the NATHAN WADE SURVEY, Abstract Number 1407 in the City of Denton, Denton County, Texas and being all of a tract of land described in deed to First Baptist Church of Denton, recorded in Document Number 2003-R2009877 of the Real Property Records of Denton County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2” iron rod with cap stamped “ISBELL ENGR’ found at the Northeast corner of said First Baptist Church of Denton tract and in the South line of a called 125 acre tract of land described in deeds to Margaret Mays (undivided 25% of 80% interest), recorded in Volume 946, Page 25 1 of the Deed Records of Denton County, Texas, Billy H. Kellum (undivided 25% of 80% interest), recorded in Volume 946, Page 254 of the Deed Records of Denton County, Texas, Marcia L. Kellurn, (undivided 12-1/2% of 80% interest), recorded in Volume 946, Page 257 of the Deed Records of Denton County, Texas, Michael W. Kellum (undivided 12-1/2% of 80% interest), recorded in Volume 946, Page 260 of the Deed Records of Denton County, Texas and Barbara Kellum (undivided 25% of 80% interest), recorded in Volume 946, Page 263 of the Deed Records of Denton County, Texas and in the West line of Bonnie Brae (variable width public Right-of- Way 9 THENCE S OO'’O1'08" W, with the East line of said First Baptist Church of Denton tract and the West line of said Bonnie Brae, a distance of 1528.93 feet to a 5/8” iron rod with cap stamped “KHA“ found at the Southeast corner of said First Baptist Church of Denton tract and in the North line of a tract of land described in deed to the State of Texas, recorded in Volume 1169, Page 82 of the Deed Records of Denton County, Texas same being the North Right-of-Way (R.O. W.) line of Loop 288 (variable width R.O. W.); THENCE with the South lines of said First Baptist Church of Denton tract and the North R.O. W. line of said Loop 288 the following courses and distances; N 89'’58'52" W, a distance of 3.77 feet to an aluminum TxDOT R.O.W. monument found In concrete; S 32'’37'15'’ W, a distance of 105.33 feet to an aluminum TxDOT R.O. W. monument found in concrete; S 80'’24' 15" W, a distance of 311.70 feet to an aluminum TxDOT R.O. W. monument found rn concrete; S 85'’44'33'’ W, a distance of 209.04 feet to an aluminum TxDOT R.O. W. monument found rn concrete: S 74'’3 1'23'’ W, a distance of 656.82 feet to an aluminum TxDOT R.O. W. monument found in concrete; N81'’O1'5 1 " W. a distance of 52.80 feet to an “X” cut found at the intersection of the North R.O. W. line of said Loop 288 and the Northeast R.O. W. line of U.S. Highway No. 77/North Elm Street (a variable width R.O. W.) same point being at the Southeast corner of a tract of land described in deed to the State of Texas, recorded in Volume 4240, Page 1920 of the Real Property Records of Denton County, Texas;DENIED THENCE continuing with the South lines of said First Baptist Church of Denton tract and the Northeast R.O. W. line of said U.S. Highway No. 77/North Elm Street the following courses and distances; N 58c>45'52" W, a distance of 597.87 feet to a 5/8” iron rod with cap stamped “KHA” found; N 58'’44'15" W, a distance of 759.64 feet to a 1/2“ iron rod with cap stamped “EAGLE SURVEYING” set at the Southwest of said First Baptist Church of Denton tract and the common Southeast corner of a tract of land described in deed to CATDENTON 35 SIX, INC.. recorded in Document Number 2013-145689 of the Official Records of Denton County, Texas from which a 5/8” iron rod with cap stamped “KHA” found bears N 58'’44'15" W, a distance of 1.16 feet; THENCE N 00'’15'39" E, with the West line of said First Baptist Church of Denton tract and the common East line of said CATDENTON 35 SIX, INC.,tract, a distance of 1 158.93 feet to a 1/2” iron rod with cap stamped “ISBELL ENGR” found at the Northwest corner of said First Baptist Church of Denton tract and the common Southwest corner of said called 125 acre tract; THENCE S 89'’44'22" E, with the North line of said First Baptist Church of Denton tract and the common South line of said called 125 acre tract, a distance of 2417.29 feet to the POINT OF BEGINNING and containing 90.00 acres of land more or less.DENIED XI 'NOIN3a 88Z oai V LL .WH H3V8H)SXIH NOINaa 1181HX] ad a <E E : C)5 g ;;: I : 1 I - I -- : f f/ l={ / nd +-0 W/W\\ alva IarHAmaNDa Bala Kg aLICIaDENIED Xl 'NOIN3a 88Z 001 V it A/KH H)V8H)SXIH NOINaa NVld IllS ad a\1 >k LU ;!;;; i gg I!! g ii Q WI LarouJ\sr3rouA a IOU+WI nd SOS OZOZ/ n/ZI alva lawIHONOa AIBa ;La aLlaHDENIED XI 'NoINaa 88Z 001 ? 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BS = : Iggy CD g# 8 b (DIg [nTAEZIHMA1] [] a&a'srNoiNra B6H\NOIN30 H3nv8bOSUH r6H\arrav30Inv\srbonrw<AWIWvrruou\sUn\:3 :hOUV301nd tII lcoe/taI alva lordwIMlruu09s :Aa aQUOIJDENIED XI 6NoINaa 88Z 001 T LL AMR 1; H)V8H}SHIH NOINaa NVld adVDsal+v1 q:11 ! 8666 {}{}gg if g;84486;bd) iJI a ZIU CS LI an3 DE =in t 3 $ 388 gB ! ! ! ! ! ! ! ! a2 LU CDy iiI Bias : a 8 ig I :.: : OZ g \$ ! ii gi ! ! i ! ! ! ! !i ! !+g g,I; :1 re/ I R I II I I LU gUlZLUa0 I !!I I 0 B wi (9Z nc 11! in- g}-I a .& I 8 a\ IS I nBXZl=tMHD E ] !na'sl-NorN30 nsH\Norwa bnnv8bnsuH nR\avrav30rnv\£LboHrwcAwl#lrtrLro5s\iu3gn\:3 –:rouv30rnd tI:[ lcoe/tr/l alva lordwlnlruu03s iAg QnLIQldDENIED XI 'NOINaa 88Z 001 V LL AMa IDV8H)SHIH NOINaa FqVld advDscNvi li : g 3 i :1 iiiii; ii g: 44466 id:) iii a SL Cg 11 onaDE = th 38 $ 3 gB 88 ! ! ! ! ! ! ! ! agE : 18 gg I I I ii 8 I I I g 8aa I J 8BP( 8 (b 0 r ! i 8 ;:i;;:-'; \\ \I I I I '\ \ CO COLn CO [Tj4?ExeHMHn £ ] 9KO'sl-NOIN3a F6H\NOIN30 H3nY8H9SUH HEH\Qrrav90lrw\£L}eHIDoa\urIHlruu03s\saBin\D :NOUV301nd tl€ 1coe/tl/l :lrva IOldNruiruuoos :Aa a3uoldDENIED XI 'NOINaa 88Z 001 T LL AMH lg H)VaH3SHIH NOINaa Wld advDsaNv1 J g 8 iR i ii ii Rg :b ! ! ! E ! i i iii ;i ;;+a i g{:::;;; i g }}{}{iii©6dd 1144i86id)b; Ii aZ LU b gac1U) 1 8 ii 8888 ! ! ! ! ! ! ! ! a fIQy = BIa 86 : E Big NFU JO NOUYrwiN03 dOJ 91 llaHS 01 d3 JaH ' 3MIH31VH nEMTHvmb–amrMua-srNoiN3a nH\NorN30 bonv8bOSUH rs}Aarrav30rnv\srbenrwcNuIHvuu03s\sun\:3 :hnuv301 nd SIT lcae/tl/l alva IOUHBiHRiruuoos a8 DILIONDENIED S XI 'NOINaa 88Z 001 ? LL AMH H)V8H}SHIH NOLNaa £IIVlaa HdvDsaNv1 1!bJ !! $8 D -g (9ZFZ Sa 0( LU >0 C)aZD0 nc (9 g li=J a10 E Ea C/) a)CafI g 8 y)laC 10J i ! ! }}:ii ii Eii iII ! ! } { } gg i !!!j iiiii ;}it iE-„ - " a a9a g b 8a)t g) a } q) rD F:g liEgE BBI 8bb &) b a10 E E3 C/) g Cr) j g a)a) CD !)0O aTaC CD C) Q) E bbl b gil: th g le Cg i)a jF a }; iii 8 a i i ! ! iii Eb g ::;;} 88 big b » xii hIgh kgb }} } } IS } all StIll } #!!!!; iiiI g g;}{ g }g {}{ ! ! ! ! ! !6;i S a Hd Z+ [ 0ZOZ/3/ ll :3\ vS ISv-SRa-sl-NOIN3a F6H\NOIbBO bDIW8H9SUH HEH\aFraY30lnY\sIFQHIDOCF\NBnHlrLlu03s\suBsn\:3 :hDUV901 nd SIX reoz/tt/l alva lordWHKlruLl03s :A8 a3uoldDENIED Exhibit D – TURNKEY DEVELOPMEbrr SERVICES – PD20-0002 Hirschbach Trucking Terminal PD Development Standards Hirschbach is a privately-owned freight carrier service that has delivered innovative transportation solutions since 1 935. Hirschbach opened their Denton, Texas campus in 2014 on North Elm Street, which is one of five transportation and logistics hubs across the United States. Hirschbach is seeking to expand their presence and investment in Denton by developing an innovative, complete trucking terminal on a portion of 90 acres located at the northeast intersection of Loop 288 and North Elm St. This property is located within the same corridor as their existing facility. The proposed land use has not previously been defined in the Denton Development Code and is intended to be established through the creation of a Planned Development zoning district and Detailed Plan. The purpose of the proposed planned development is to establish a defined land use for the Hirschbach campus, facilitate an innovative private trucking terminal, and to facilitate future development compatible with the surrounding land uses and the Denton Plan 2030 Comprehensive Plan. Introduction of a New Proposed Land Use Definition Fleet Service Provider: a business which supports the movement of goods by means of truck transport and is not open to the general public. Primary activities include driver training/support services, company administration, and customer support/sales. Accessory uses include fleet storage, maintenance facilities (major or minor vehicle repair services), fueling station, and truck wash bays. This definition excludes the warehousing, storage, or transfer of goods. Base Zoning District Established The proposed Planned Development will have a base zoning of General Office (GO) District. The GO District is intended to provide locations for a variety of workplaces and complementary uses. The GO District provides area for flexible office space to encourage the establishment of research and development enterprises, start-ups, and opportunities for business innovation. This district applies to areas throughout the city that are in close proximity to commercial use areas and employment hubs. The proposed PD is located along a short 0.8 mile section of North Elm Streeet that connects Interstate 1-35 with North Loop 288 within an area predominately zoned GO today. The future land use designation of this corridor is Business Innovation. IOO West OaR, Suite IOI, Denton, TX 76201 B 222 West Walnut, Suite 200, Celina, TX 75009 971andcompany.comDENIED HIRSCHBACH PD20-0002 PD Standards Page 2 of 5 Exhibit D Current Zoning Map of Highway 77 Corridor PEt\Air Pi The proposed base zoning district of GO is consistent with the existing zoning pattern and the future land use designation. The Hirschbach PD will be developed in multiple phases, currently identified as Sub-District 1 and Sub-District 2 on the Detailed Plan. Development Standards Established Development Standards for entire PD (Sub-District 1 and Sub-District 2): • Development will be consistent with the minimum lot area dimensions and setbacks required within the GO Zoning District • Minimum required landscape area will be 20% and tree canopy will be 30%, consistent with the percentages required within the GO Zoning DistrictDENIED HIRSCHBACH PD20-0002 PD Standards Page 3 of 5 Exhibit D PD Permitted Uses • Permitted uses will include all permitted uses within GO Zoning, with the following additional new use, as defined below: Fleet Service Provider: a business which supports the movement of goods by means of truck transport and is not open to the general public. Primary activities include driver training/support services, company administration. and customer support/sales. Accessory uses include fleet storage, maintenance facilities (major or minor vehicle repair services), fueling station, and truck wash bays. This definition excludes the warehousing, storage, or transfer of goods. Additional usespecific standards are established as follows: Accessory uses allowed within the Fleet Service Provider land use designation, as defined above, shall be confined to the side or rear yard only, shall be opaquely fenced as shown on the Detailed, shall be set back at least five feet from the property line, and maintained so as to not create a nuisance to the public or any adjoining property. In addition to meeting landscape requirements for GO zoning, a minimum 20’ landscape buffer is required along the boundaries of adjoining parcels, as shown on the Detailed Plan. The buffer shall include the following: a. Proposed 6-foot vinyl fence as shown on the Detailed Plan b. Three ornamental trees planted every 25 linear feet of buffer for a total of 474 additional ornamental trees c. One large canopy tree planted for every 30 linear feet of buffer (minimum 4“ caliper) for a total of 1 32 additional large canopy trees d. 50% of the ornamental and canopy trees must be evergreen •Use-specific standards for GO zoning will apply to other permitted uses, where applicable • Sub-District 2 is reserved for future development. As development occurs, a Detailed Plan must be approved for each phase of development through the Major PD Amendment Process outlined in the DDCDENIED HIRSCHBACH PD20-0002 PD Standards Page 4 of 5 Exhibit D PD Design Standards The proposed PD and all development within the boundaries of the PD will comply with the Commercial Design Standards of DDC 7.10.5 Nonresidential and Mixed-Use Buildings, with amendments as follows: These design standards will apply to all buildings within PD Sub-District 1 and Sub-District 2 including permitted industrial uses. 1. Site Design and Orientation • The primary entrance of a building shall have a clearly defined, highly visible customer entrance with distinguishing features such as a canopy, portico, or other prominent element of the architectural design. • Buildings shall have their primary orientation toward the street rather than the parking area • Buildings that are within 30 feet of the street shall have an entrance for pedestrians from the street to the building interior. • Trash storage areas, mechanical equipment, loading areas, and similar areas shall not be visible from public view, and shall not be located between the building and the street. 2. Multi-Building Developments For developments with three or more buildings, the buildings shall be arranged using one or more of the following techniques: • Organize units around a central courtyard that maintains a consistent side yard setback between units along the street frontage; • Locate the buildings on the corner of an adjacent street intersection or entry point to the development to frame the corner; •Provide outdoor dining and/or common gathering spaces between buildings; and/or •Other site improvements as approved by the Director that do not conflict with this DDC. 3 Building Mass and Form • Buildings shall have no more than 50 continuous feet without a horizontal and vertical break of at least three feet. Such breaks may include recesses, projections, windows, roofs, alcoves, porticoes, awnings, and other architectural features to provide visual interest and relief.DENIED HIRSCHBACH PD20-0002 PD Standards Page 5 of 5 Exhibit D 4. Building Transparency/Windows e Use of glass for displays and to allow visual access to interior space is permitted. Buildings may not incorporate glass for more than 70 percent of the building skin. e Windows shall be provided with trim. Windows shall not be flush with exterior wall treatment. Windows shall be provided with an architectural surround at the jamb. 5. Building Materials e Fronts and street sides of buildings visible from the public right-of-way shall be non- reflective and shall be of wood, masonry, stucco, EIFS (Exterior Insulation Finishing System), architecturally finished metal or cementitious siding. e Masonry shall comprise a minimum of 50 percent of the exterior finishes visible from the public right-of-way. @ A maximum of 10 percent of architecturally finished metal can be used as an accent material or for embellishments on buildings classified as commercial uses. Industrial uses, as identified in the Table of Allowable Uses in DDC 5.2.3, may use architecturally finished metal for up to 50 percent of the building fa9ade. @ Other building materials may be approved by the Director provided they meet the intent of this section. Parking Standards PD Sub-District 1 PD Sub-District 1 will comply with the Parking Ratios required in the 2019 Denton Development Code, unless amended as a part of future Detailed Plan submittals. PD Sub-District 2 PD Sub-District 2 will comply with the Parking Ratios required in the 2019 Denton Development Code. unless amended as a part of future Detailed Plan submittals.DENIED