PDA22-0006bFILE REFERENCE FORM
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
X
FILE(S)
1986-109
87-084
97-368
1999-088
2005-241
2010-116
Date
2-9-
2023
2-9-
2023
2-9-
2023
2-9-
2023
2-9-
2023
2-9-
2023
Initials
EC
EC
EC
EC
EC
EC
ORDINANCE NO. PDA22-OO06b
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DETAILED
PLAN FOR 7.12 ACRES OF LAND IN PLANNED DEVELOPMENT 12 (PD-12),GENERALLY LOCATED ON THE SOUTHBOUND SERVICE ROAD OF 1-35E,
APPROXIMATELY 4,900 FEET SOUTH OF STATE SCHOOL ROAD, IN THE CITY OFDENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY’SOFFICIAL ZONING MAP; PROVIDING FOR A PENALTY rN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSEAND AN EFFECTIVE DATE. (PDA22-OO06B; AUTOMOTIVE EXPANSION)
WHEREAS, Group I Realty, Inc. applied for an amendment to the detailed plan for Planned
Development 12 (PD-12) on approximately 7.2 acres of land legally described in Exhibit “A,”
attached hereto and incorporated herein by reference (hereinafter, the “Property”) to; and
WHEREAS, on June 3, 1986, the City Council adopted Ordinance 1986-109, approving a
change in zoning for 74.8 acres of land to Planned Development 12 (PD-12) Zoning District,
including the Property, as more particularly described therein; and
WHEREAS, on May 5, 1987, the City Council adopted Ordinance 87-084, approving a
concept plan for 43.4 acres of land in of Planned Development 12 (PD-12), Zoning Districtincluding the Property, as more particularly described therein; and
WHEREAS, on December 16, 1997, the City Council adopted Ordinance 97-368,
approving a detailed plan of Planned Development 12 (PD-12) for 5.491 acres of land, includingthe Property, as more particularly described therein; and
WHEREAS, on March 23, 1999, the City Council adopted Ordinance 1999-088, approving
an amendment to the detailed plan of Planned Development 12 (PD-12) zoning district for 5.491
acres of land, including the Property, as more particularly described therein; and
WHEREAS, on September 6, 2005, the City Council adopted Ordinance 2005-241,
approving a detailed plan of Planned Development 12 (PD-12) zoning district for 1.775 acres of
land, including the Property, as more particularly described therein; and
WHEREAS, on May 10, 2010, the City Council adopted Ordinance 2010-116, approving
an amendment to the detailed plan of Planned Development 12 (PD-12) zoning district for 5.491
acres of land, including the Property, as more particularly described therein; and
WHEREAS, on January 25, 2023, 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 held a public hearing for all property owners interested in this regard, and have recommended
approval (6-0) of the request; and
WHEREAS, on February 7, 2023, 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
1
standards for a Detailed Plan Amendment set forth in Section 2.7.3.D of the 2019 Denton
Development Code; and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, have determined that the proposed Detailed Plan Amendment 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 Detailed Plan Amendment 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 Detailed Plan for PD-12 is hereby approved as shown in Exhibit “B“,
subject to the following conditions:
1
2.No public address system shall be installed as part of site operations.
Any exterior lighting installed after the approval date of this ordinance shall be in
compliance with exterior lighting standards as set forth in Denton Development CodeSection 7, and as follows:
a. A photometric plan with fixture details will be required prior to issuance of a
building permit.
b. Hours of operation for display lights shall be dusk until 9:00 pm, with the
understanding that security lights will operate from 9:00 pm to daybreak.
The site must conform to the tree preservation requirements outlined in Denton
Development Code Section 7.7.4.
A minimum 6-foot-taII masonry screening wall shall be maintained along the south
property line.
3.
4.
SECTION 4. The provisions of this ordinance, as they apply to the subject site as shown
in Exhibit B are herein approved and shall govern and control over any conflicting provision of
Ordinance Nos. 1986- 109, 87-084, 97-368, 1999-088, 2005-241, and 2010- 116, but all provisions
of Ordinance Nos. 1986-109 and 87-084 as they apply to that remaining portion of the PD district
not herein affected, shall continue in force and effect and apply to the remainder of the PD district.
SECTION 5. 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 6. 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.
Page 2 of 4
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.
Th, m,ti,„ t, ,pp„„, thi, „di„,„„ w„ m,d, by Je,J' thy ; S ,„d
seconded by B,,nJ,.,, c\AbS-C h' G'+ , the od bythe following vote U - A :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:/
,/
./
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3 :./
VACANT. District 4 :
Brandon Chase McGee, At Large Place 5 ://
1 '-
Chris Watts, At Large Place 6:
PASSED AND APPROVED this the d,y ,f fL'„',y , 2023.
aiM#MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
b\\\11111111
BY:lb•hZ ,4%ew
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
IhM\ tWh gjI ; ;To: FoR r : : : 3 9 : 4 9
BY : J v -06’OO'
Page 3 of 4
EXHIBIT A
Tract 1 :
5.4907 acres known as Lot 1 R, Block A, Denton Lincoln-Mercury Addition
Tract 2:
1.775 ACRE TRACT
Gideon Walker Survey, Abstract No. 1330
City of Denton, Denton County, Texas
DESCRIPTION, of a 1.775 acre tract of land situated in the Gideon Walker SurvEy, Abstract No. 1330,
Denton County, Texas; said tract being part of Lot 1, Block 9, Pecan Creek Addition, an addition to the
City of Corinth, Texas according to the plat recorded in Volume 10, Page 26 of the Plat Records of Denton
County, Texas; said tract also being part of that certain tract of land described in General Warranty Deed
to Timberglen Company recorded under Denton County Clerk's File No. 95-R0079950 in the Deed Records
of Denton County, Texas; said 1.775 acre tract of land being more particularly described as follows:
BEGINNING, at a 1/2-inch iron rod with '’Pacheco Koch" cap found for comer in the southwest right-of-
way line of Interstate Highway 1-35E (a variable width right-of-way); said point also being the easternmost
comer of Lot 1, Block A, Denton Lincoln-Mercury, an addition to the City of Denton, Texas according to
the plat recorded in Cabinet P, Page 149 of said Plat Records;
THENCE, South 50 degrees, 20 minutes, 00 seconds East, along the southwest line of said Interstate
Highway 1-35E, a distance of 441.78 feet to a point for comer; said point being in the south line of the said
Gideon Walker Survey and in the north line of the M.E.P. & P.R.R. Survey, Abstract No. 911; said pointalso being in a south City Limits Line of the City of Denton, Texas according to Section 1 of the City of
Denton, Texas Ordinance Number 74-44, same being a north City Limits Line of the City of Corinth, Texas;
THENCE, NORTH 86 DEGREES, 00 MINUTES, 15 SECONDS WEST, DEPARTING THE SAIDSOUTHWEST LINE OF INTERSTATE HIGHWAY 1-35E AND ALONG THE SAID SOUTH LINE OFTHE GIDEON WALKER SURVEY, THE SAID NORTH LINE OF THE M.E.P. & P.R.R. SURVEY,ABSTRACT NO. 911, THE NORTH LINE OF THE M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 950,THE SAID SOUTH CITY LIMITS LINE OF THE CITY OF DENTON, TEXAS AND THE SAIDNORTH CITY LIMITS LINE OF THE CITY OF CORINTH, TEXAS, A DISTANCE OF 600.21 FEET
TO A 1/2-INCH IRON ROD FOUND FOR CORNER; SAID POINT BEING AN ANGLE POINT IN THENORTH LINE OF THE WOODS AT OAKMONT, PHASE 2, AN ADDITION TO THE CITY OFCORINTH, TEXAS ACCORDING TO THE PLAT RECORDED IN CABINET N,PAGE 97 OF SAID PLAT RECORDS AND THE SOUTHEAST CORNER OF SAID LOT I, BLOCKA
THENCE, North 47 degrees, 07 minutes, 28 seconds East, departing the said south line of the Gideon
Walker Survey, the said north line of the M.E.P. & P.R.R. Survey, Abstract No. 950, the said south City
Limits Line of the City of Denton, Texas and the said north City Limits Line of the City of Corinth, Texasand along the southeast line of said Lot 1, Block A, a distance of 352.98 feet to the POINT OFBEG[NNING;
CONTAINING, 77,311 square feet or 1.775 acres of land, more or less.
Exhibit B
Detailed Plan
Page 5 of 4
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