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Z21-0017bORDINANCE NO. 221-O017b AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THEZONING DISTRICT AND USE CLASSIFICATION FROM RESIDENTIAL RURAL (RR)DISTRICT TO PLANNED DEVELOPMENT (PD) DISTRICT WITH A LIGHT [NDUSTRIAL(Ll) BASE ZONE ON APPROXIMATELY 3 1 1.5 ACRES OF LAND GENERALLY LOCATEDON THE NORTHEAST CORNER OF HAMPTON ROAD AND MASCH BRANCH ROAD INTHE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TOTHE CITY’S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUMAMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (221-O017b) WHEREAS, Kimley-Horn, on behalf of the property owner, RM Squared Denton, LLC, initially submitted a request to rezone approximately 311.5 acres of land from Residential Rural (RR) District to Light Industrial (LI) District„ legally described in Exhibit “A“ and depicted in Exhibit “B”, attached hereto and incorporated herein by reference (hereinafter, the “Property”); and WHEREAS, on April 27, 2022, 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 denial (4-2) of the request; and WHEREAS, Kimley-Horn, on behalf of the property owner, RM Squared Denton, LLC, has subsequently submitted a revised request to rezone approximately 311.5 acres of land from Residential Rural (RR) District to Planned Development (PD) District with a Light Industrial (LI) base zone, on the Property; and WHEREAS, on June 7, 2022, the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and proceduralstandards set forth in Section 2.7.2 of the Denton Development Code, and is consistent with the Denton 2040 Comprehensive Plan and the Denton Development Code; 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 isof 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 ORDA INS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. 1 of 3 SECTION 2. The zoning district and use classification for the Property is hereby changed from Residential Rural (RR) to Planned Development (PD) District. The Planned Development Standards for the Property are described in Exhibit C attached hereto and incorporated herein by reference. The PD Development Plan depicting the proposed landscape buffer location and building height restrictions for the property is attached hereto as Exhibit C– Attachment 1 : Planned Development Plan and incorporated by reference. The proposed landscape buffer plantings for the property are depicted in Exhibit C – Attachment 2: Landscape Buffer Exhibit attached hereto and incorporated herein by reference. Development of the Property shall be in accordance with the Planned Development Standards provided for in Exhibit C and including Attachments 1 and 2. SECTION 3. The City’s official zoning map is hereby amended to show the established zoning district and use classification. SECTION 4. If any provision of this ordinance or the application thereof to any person orcircumstance 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 was made by \Jesse bw\s and seconded by AtiSDn Empire , the ordinance was passed and approved by the following vote IL - D ] SJ Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 :Brian Beck, District 2 : Jesse Davis, District 3 : Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: ,/ i/ IZIZJdIZ 1/ PASSED AND APPROVED this the q& da, of 3KrLL , 2022. Page 2 of 3 GERARD HUDSPETH, MAYOR L\\\\\\!111111 ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY 'lh%'b JInnJ 14:39:32 -05' f)o’ Page 3 of 3 Exhibit A Zoning Legal Description BEING a tract of land located in the Robert Whitlock Survey, Abstract No. 1403, City ofDenton, Denton County, Texas, part of a called 345.47 acre tract described in the deed to Baker 345, LLC, recorded in Doc. No. 2021-114014 of the Official Records of Denton County, Texas(O.R.D.C. T.), and being more particularly described by metes and bounds as follows: BEGINNING at a point in the east line of Lot 19 of Little Brook Estates, an addition to Denton County, as shown on the plat recorded in Volume 489, Page 269 of the Deed Records of DentonCounty, Texas (D.R.D.C.T.), for the southwest corner of a called 57.663 acre Tract II describedin the deed to Westview Commercial, LP, recorded in Document No. 2006- 1 19845 O.R.D.C.T. and the northerly northwest corner of said 345.47 acre tract; THENCE South 89'16'23" East, along the south line of said Tract II and the northerly north line of said 345.47 acre tract, a distance of 1,598.12 feet to a point for the northwest corner of acalled 21.776 acre Parcel 1 described in the deed to Joneel J. Harris, Successor Trustee, recorded in Doc. No. 202 1-119845 O.R.D.C.T. and the northerly northeast corner of said 345.47 acre tract; THENCE South 0'’09’4 1 " West, along the west line of said Parcel 1 and the west line of a called 33.417 acre Parcel 2 described in the deed to Joneel J. Harris, Successor Trustee, recorded in Document No. 2021-6959 O.R.D.C.T., and the northerly east line of said 345.47 acre tract, a distance of 3,005.54 feet to a point for the southwest corner of said Parcel 2 and an interiorcorner of said 345.47 acre tract; THENCE South 89'’34’22" East, along the south line of said Parcel 2 and the easterly north line of said 345.47 acre tract, a distance of 1,261.86 feet to a point in the southwest right-of-way line of the Kansas City Southern Railroad, for the southeast corner of said Parcel 2 and a southerlynortheast corner of said 345.47 acre tract; THENCE along the southwest right-of-way lines of said Kansas City Southern Railroad and the northeast lines of said 345.47 acre tract, the following courses and distances: South 16'’07'2 1 " East, a distance of 692.60 feet to a point at the beginning of a non-tangent curve to the left having a central angle of 1'’34'58", a radius of 9,242.20 feet, a chord bearing and distance of South 16'’52’48'’ East, 255.30 feet; In a southeasterly direction, along said curve to the left, an arc distance of 255.31 feet to a point at the beginning of a non-tangent curve to the left having a central angle of 2'52'56", a radius of 6,950.60 feet, a chord bearing and distance of South 19'’04'05 " East, 349.60 feet; In a southeasterly direction, along said curve to the left, an arc distance of 349.64 feet to a point for corner; South 28'’ 15’05" East, a distance of 99.03 feet to a point for corner; 1 of 7 THENCE departing the southwest right-of-way line of said Kansas City Southern Railroad, across said 345.47 acre tract, the following courses and distances: South 67'’53’06'’ West, a distance of 154.28 feet to a point for corner; South 73'’09’37" West, a distance of 150.76 feet to a point for corner; South 13'’34’12" East, a distance of 140.20 feet to a point for corner; South 56'’47’03" West, a distance of 307.55 feet to a point for corner; South 16'’29'1 I " West, a distance of 88.21 feet to a point for corner; South 53'’12'39'’ East, a distance of 106.43 feet to a point for corner; South 43'’40’ 16" East, a distance of 135.34 feet to a point for corner; South 22'’50'28" West, a distance of 567.82 feet to a point for corner; South 5 1'’32'52" West, a distance of 165.33 feet to a point for corner; South 89'’57'57" West, a distance of 2, 173.08 feet to a point for corner; South 38'’17'3 1 " West, a distance of 1 10.02 feet to a point for corner; South 5 1 '’42’29" East, a distance of 141.77 feet to a point at the beginning of a tangent curve to the left having a radius of 629.92 feet, a central angle of 20'’34’42", and a chord bearing and distance of South 61'’59’49" East, 225.03 feet; In a southeasterly direction, along said tangent curve to the left, an arc distance of 226.24 feet to a point for corner within the margins of Hampton Road, in the south line of said345.47 acre tract; THENCE South 89'57'57" West, within the margins of said Hampton Road, along the south lineof said 345.47 acre tract, a distance of 657.76 feet to a point at the intersection Masch Branch Road and said Hampton Road, for the southwest corner of said 345.47 acre tract; THENCE North 0'’14’06" East, within the margins of said Masch Branch Road, along thesoutherly west line of said 345.47 acre tract and the east lines of Lot 26, Lot 25 and Lot 24 of said Little Brook Estates, a distance of 2,272.90 feet to a point for the southeast corner of Lot 23 of said Little Brook Estates, the northeast corner of said Lot 24, and an interior corner of said 345.47 acre tract; THENCE South 89'’57’03" West, along the north line of said Lot 24, the south line of said Lot 23, and the northerly south line of said 345.47 acre tract, a distance of 947.78 feet to a point in Page 2 of 7 the east right-of-way line of Lovers Lane, for the northwest corner of said Lot 24, the southwest corner of said Lot 23, and the northerly southwest corner of said 345.47 acre tract; THENCE North 0'’04'3 1 " East, along the east right-of-way line of said Lovers Lane, the west line of said Lot 23 and a west line of said 345.47 acre tract, a distance of 918.80 feet to a pointfor the southwest corner of Lot 22 of said Little Brook Estates, the northwest corner of said Lot 23, and the southerly northwest corner of said 345.47 acre tract; THENCE North 89'’57'03" East, along the south line of said Lot 22, the north line of said Lot 23, and the westerly north line of said 345.47 acre tract, a distance of 948.62 feet to a point forthe southeast corner of said Lot 22, the northeast corner of said Lot 23, and an interior corner of said 345.47 acre tract; THENCE along the east line of said Lot 22, Lot 21 and Lot 20 of said Little Brook Estates, said Lot 19, and the northerly west lines of said 345.47 acre tract, the following courses anddistances : North 0'’04'46" East, a distance of 1 374.73 feet to a point; North 0'’ !7'12" East, a distance of 687.54 feet to a point; North 0'06’50'’ East, a distance of 668.98 feet to the POINT OF BEGINNING and containing 311.456 acres (13,567,021 square feet) of land, more or less. Page 3 of 7 Exhibit B – Zoning Exhibit Page 4 of 7 Exhibit C – Planned Development Standards Page 5 of 7 Exhibit C – Attachment 1: Planned Development Plan Page 6 of 7 Exhibit C – Attachment 2: Landscape Buffer Exhibit Page 7 of 7 Exhibit B : jIg ? }-BEon = ac LU ;Z :FJ;A ! ! i :gigi //E ! i ; ! !: i I,I !!iI iF I[ i;;! iFi ! ! ! ! ! I Exhibit C – Planned Development Standards 22 1 -0017 NORTHWEST DENTON INDUSTRIAL PARK – Planned Development (PD) District General Planned Development Standards For 3 1 1 .456 Acres City of Denton, Denton County, Texas SECTION 1: Purpose. The regulations set forth in this section of the development standards are for the Planned Development (PD) District. This Planned Development District provides for development standards for the Northwest Denton Industrial Park. The PD encompasses a total of 311.456- acres described in Exhibit A (“Property”), Zoning Legal Description, and depicted on Exhibit B, Zoning Exhibit. The regulations for the LI – Light Industrial District, per the City of Denton Development Code effective upon execution of this PD, shall apply except as modified herein. SECTION 2: Use Regulations. Allowable uses shall be per the Denton Development Code, Subchapter 5: Use Regulations forLI SECTION 3: Dimensional Standards. If not specifically stipulated below, Dimensional Standards shall follow the LI Zoning District. Buffers As shown in Exhibit C – Attachment 1: Planned Development Plan, an eighty-five-foot buffer will be located on the south side of the Property adjoining the existing RR (Rural Residential) zoning district generally from the west point of the RR zoning to the east side of the existing gas well pad site. Located in the eighty-five-foot buffer will be a six-to-eight-foot berm with plantings along the top and beside the berm. Details of planting are shown in Exhibit C – Attachment 2: Landscape Buffer Exhibit. In addition to the buffer, development shall also be required to meet the minimum points required for development of LI adjacent to Single-family detached uses per the Denton Development Code Section 7.7.6A Buildings, parking, and other paving or structures may not be located within this eighty-five-footbuffer area. As shown on Exhibit C – Attachment 2: Landscape Buffer Exhibit, plantings will be located along the southern and eastern side of the Property to create a landscape screen wall. The planting locations on the east side around the existing pond may be adjusted during civil engineering plans (CEPs) and final plat (FP) to accommodate planning location constraints, such as detention pond or drainage that could affect the survivability of the plantings. Plantings on page 1 both the southern and eastern sides of the Property must meet the intent of a screening buffer as shown on the Exhibit C – Attachment 2. Species of plants and trees may be exchanged, based on availability, with the City of Denton Planning Director’s approval if they meet the intent of the plans attached in Exhibit C – Attachment 2. Evergreen species may only be exchanged for other native evergreen species; however, deciduous species may be exchanged for other species of equivalent mature size. SECTION 4: Building Design Regulations. Building Design shall be per the Denton Development Code, Subchapter 7: Development Standards except as modified herein. Building Height Any building located within three hundred sixty-five feet from the predominant southern property line of the PD boundaries as shown on Exhibit C – Attachment 1: Planned Development Plan may not be taller than forty-five (45) feet in height from the finished floor to the highest point of the building, excluding mechanical units on rooftop and associated screening. Building Dock DoorsBuilding dock doors shall not face Hampton Rd along the eighty-five-foot buffer for the southernmost buildings on the Property. SECTION 5: Access Control. Property access shall be per the Denton Development Code, Subchapter 7: Development Standards and per the City of Denton Transportation Criteria Manual except as modified herein. Access to Hampton Road Access to the Property shall be prohibited from Hampton Road, with exception that the current access to the existing gas well site, as shown on Exhibit C – Attachment 2: Landscape Buffer Exhibit, will continue to be used to access gas wells and may also be used for emergency fire access to the Property (this access must be gated). Following the realignment and reconstruction of Hampton Road and Masch Branch Road, access to the Property from Hampton Road may be allowed subject to the Denton Development Code and the City’s adopted criteria manuals. page 2 Exhibit C - Attachment 1 bb9a acLaon =DZ1-OLUdaca P LI Fc I HI()6 B 8 bE F- ongLUar\' gUy ; 8 Sji 3g a g igl :a gBa Ra =! E=E;\ ? 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