2008-262sAour documents\ordinances\08\mpc07-0003 ver 2.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE INITIAL
ZONING OF APPROXIMATELY 484.84 ACRES OF LAND TO THE HILLS OF DENTON
NORTH MASTER PLANNED COMMUNITY (HILLS OF DENTON NORTH MPC) ZONING
DISTRICT, AND THE REZONING OF APPROXIMATELY 17.14 ACRES OF LAND FROM
NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT TO THE HILLS OF
DENTON NORTH MPC ZONING DISTRICT, LOCATED WEST OF LOCUST STREET
AND SOUTH OF MILAM ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR
SEVERABILITY, SUBORDINATION AND AN EFFECTIVE DATE. (MPC07-0003)
WHEREAS, 2006 Milam East Partners LP has applied for the initial zoning of
approximately 484.84 acres of land to the Hills of Denton North Master Planned Community
(Hills of Denton North MPC) zoning district, and the rezoning of approximately 17.14 acres of
land from Neighborhood Residential 2 (NR-2) zoning district to the Hills of Denton North MPC
zoning district; and
WHEREAS, on October 17, 2006, the City Council adopted an ordinance amending a
portion of subchapter 35.7 and 35.23 of the Denton Development Code pertaining to Master
Planned Communities; and
WHEREAS, on June 17, 2008, the City Council adopted an ordinance to voluntarily
annex approximately 484.84 acres into the City of Denton. The 484.84 acres is part of the
501.98 acres proposed as the Hills of Denton North MPC; and
WHEREAS, on August 27, 2008, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommended approval of the requested initial zoning and
zoning change, as further conditioned by them; and
WHEREAS, the City Council finds that the change is consistent with the Denton Plan
and the Development Code, specifically including those findings set forth at §35.7.12.6; 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 classification and use designation for approximately
501.98 acres of land described in Exhibit "B", attached hereto and incorporated herein, (the
"Property"), is hereby given an initial zoning of the Hills of Denton North MPC zoning district
for approximately 484.84 acres of land and hereby also changes approximately 17.14 acres of
land from Neighborhood Residential 2 (NR-2), zoning district to the Hills of Denton North MPC
zoning district.
Oour documents\ordinances\08\mpc07-0003 ver 2.doc
SECTION 3. The development of the Hills of Denton North MPC shall be in accordance
with the regulations and standards modified or excepted by the Hills of Denton North MPC as
particularly described in the Zoning Document and Development Standards Document attached
hereto and incorporated herein as Exhibit "A", and shall be in compliance with the Development
Plan Map and Phasing Plan attached hereto, and incorporated herein, as Exhibit "C". In addition,
the Hills of Denton North MPC shall provide for planning of Denton Independent School District
(DISD) schools in accordance with DISD guidelines, and in accordance with the note set forth on
the Development Plan Map. All other provisions of Chapter 35 not specifically excepted by the
Hills of Denton North MPC shall remain in full force and effect. Compliance with Denton's
Neighborhood Park Ordinance, being Chapter 22, Article III of the Code of Ordinance of the
City of Denton, as may be amended from time to time is specifically required. No subdivision of
the Hills of Denton North MPC by metes and bounds or plat, including by conveyance plat is
permitted.
Notwithstanding the above real property description, the property being zoned and rezoned
includes all property to the centerline of all adjacent street rights-of-way.
SECTION 4. The City's official zoning map is amended to show the change in zoning
district classification and use designation, and the Development Plan Map and Phasing Plan for
the Hills of Denton MPC, attached hereto and incorporated collectively herein as Exhibit "C",
are hereby approved.
SECTION 5. 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 6. The terms of this Ordinance are subordinate to any other ordinance of the
City of Denton, and any conflicts are intended to be resolved in favor of the other ordinance,
unless such conflicting provisions are specified and expressly excepted by this Ordinance.
SECTION 7. Any person violating any provision of this ordinance shall, upon
conviction, be fined a suin not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 8. 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.
PASSED AND APPROVED this the Z` day of '2008.
sAour documents\ordinances\08\mpc07-0003 ver 2.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: G.
APPR tDMADM LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
Exhibit A
Hills of Denton North MPC
Zoning Document
General Note: Except as clearly and specifically stated herein, the provisions of this document
are subordinate to all ordinances of general application in the City of Denton, Texas. The
provisions of this document do not modify or amend any ordinance of the City of Denton, and
have no applicability whatsoever outside the Hills of Denton North MPC. The terms of this
document serve as limited exceptions to the general zoning standards of the City of Denton, only
to the limited extent specified herein, and are intended to be construed narrowly and restrictively.
Any stated exceptions to specific sections of any ordinance or land use standard shall apply only
to the limited extent necessary to achieve the stated exception, and all other requirements of such
cited provisions that are not specifically excepted shall continue to apply in full force and effect
within the Hills of Denton North MPC.
Exhibit "A" Page - 1
Only those uses listed in the tables below shall be permitted in each phase of the Hills of Denton
North MPC development in the areas so designated on the Development Plan Map.
SF Single Family Residential
C Commercial
Permitted use Table:
Residential Land Use Categories
SF
C
Agriculture
HL 11
HL 11
Livestock
HL(2)
N
Single Family Dwellings
P
N
Accessory Dwelling Units
FSL P
N
Attached Single Family Dwellings
SUP
N
Dwellings Above Businesses
N
N
Live/Work Units
N
N
Duplexes
N
N
Community Homes For the Disabled
P
P
Group Homes
N
N
Multi-Family Dwellings
N
N
Manufactured Housing Developments
N
N
P = Permitted, N = Not Permitted, SUP = Specific Use Permit Required,
L(X) = Limited as defined on age 4 of this section
Exhibit "A" Page - 3
§ 35.5. shall be excepted and supplemented as follows:
General Regulations:
General Regulations
SF
C
Minimum lot area (square feet
5,500
2,500
Minimum lot width
None
50'
Minimum lot depth
None
None
Minimum front and setback
20'
None
Minimum side and
0'
None
Minimum setback between dwellings
10,
N/A
Minimum side and adjacent to a street
10'
None
Minimum rear and
10'
None
Minimum and abutting a residential use or district
N/A
20'
Density (dwelling units per acre
4
0
Maximum FAR
N/A
1.5
Minimum residential unit size (square feet)
1,800
500
Maximum lot coverage
70%
80%
Minimum Landscape area
30%
20%
Maximum building height
45'
65'
Minimum detached single-family residential unit size may be reduced to 1,300 square
feet for an Active Adult Retirement Community, (see Site Design Standards for required
architectural features)
Clustering Standards/Density Transfer
Non-Attached single-family residential units may be clustered within the SF (Single-Family)
zoning districts provided the following standards are met:
A. The maximum number of single-family units built is 1,684 units.
B. The total number of platted single-family lots shall be tracked by the developer as
individual Final Plats are submitted for review.
The following additional thresholds apply for residential development in the Hills of
Denton North MPC:
DEVELOPMENT THRESHOLDS:
Maximum Number of Single-Family Units
1,684
Average Single-Family Density
4.0 units per acre
Maximum number of Multi-family Units
0
Average Multi-family Density
N/A
Single-family to Multi-family Ratio
100% SF to 0% MF
Exhibit "A" Page - 2
Commercial Uses
SF
C
Home Occupation
P
N
Sales of Product Grown on Site
N
P
Hotels
N
P
Motels
N
P
Bed and Breakfast
N
P
Retail Sales and Service
N
P
Movie Theaters
N
SUP
Restaurant or Private Club
N
P
Drive-through Facility
N
P
Professional Services and Office
N
P
Quick Vehicle Servicing
N
P
Vehicle Repair
N
P
Auto and RV Sales
N
P
Laundry Facilities
N
P
Equestrian Facilities
SUP
N
Outdoor Recreation
P
P
Indoor Recreation
P
P
Major Event Entertainment
N
SUP
Commercial Parkin Lots
N
P
Administrative or Research Facility
N
P
Broadcasting of Production Studio
N
P
Sexually Oriented Business
N
N
Temporary Uses
HL(9)
HL(9)
Industrial Land Use Categories
SF
C
Printing / Publishing
N
P
Bakeries
N
P
Manufacture of Non-odoriferous Foods
N
N
Feed Lots
N
N
Food Processing
N
N
Light Manufacturing
N
N
Heavy Manufacturing
N
N
Wholesale Sales
N
N
Wholesale Nurseries
HL(12)
HL(12)
Distribution Center
N
N
Wholesale Storage and Distribution
N
N
Self-service Storage
N
N
Construction Materials Sales
N
N
Junk Yards and Auto Wrecking
N
N
Kennels
N
N
Veterinary Clinics
N
P
Sanitary Landfills, Commercial
Incinerators, Transfer Station
N
N
Gas Wells
SUP
HL(8)
SUP
HL (8
P = Permitted, N = Not Permitted, SUP = Specific Use Permit Required,
L(X) = Limited as defined on page 4 of this section
Exhibit "A" Page - 4
Institutional Land Use Categories
SF
C
Basic Utilities
HL(7)
SUP
Community Services
N
P
Parks and Open Space
P
P
Churches
P
P
Semi-public, Halls, Clubs and Lodges
SUP
P
Business / Trade School
N
P
Adult or Child Da Care
SUP
P
Kindergarten, Elementary School
P
N
Middle School
P
N
High School
N
N
Colleges
N
P
Hospital
N
N
Elderly Housing
N
N
Medical Centers
N
P
Cemeteries
N
N
Mortuaries
N
P
§ 35.5.8. shall be excepted to provide the following additional limitations with respect to the
zoning classifications and use designations defined by this document:
HL(1) = Accessory dwelling units are permitted, subject to the following additional criteria:
1. The proposal must conform to the overall maximum lot coverage and setback requirements of the
district. 1
2. The maximum number of accessory dwelling units shall not exceed 1 per lot.
3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not
exceed 50% of the GHFA of the primary residence on the lot.
4. One additional parking space shall be provided that conforms to the off-street parking provisions
of the Denton Development Code.
HL(2) = Limited to two (2) animals on parcels one (1) to three(3) acres in size. Additional animals may
be added at a rate of one per each acre over three.
HL(3) = Purposely left blank
HL(4) = Purposely left blank
HL(5) = Purposely left blank
HL(6) = Purposely left blank
HL(7) = If propose use is within 200 feet of a residential zone, approval is subject to a Specific Use
permit.
HL(8) = Must comply with the provisions of § 35.22 of the Denton Development Code, Gas Well Drilling
and Production.
HL(9) = Must meet the requirements of § 35.12.9 of the Denton Development Code, Temporary Uses.
HL(10) = Limited to a maximum density of 12 units per acre.
HL(11) = Permitted on undeveloped parcels or future phases of multi-phased developments. Crops such
as hay or row crops are permitted. Livestock shall be limited to tracts of 5 acres or larger.
HL(12) = Allowed as a temporary, non-retail use benefiting the Hills of Denton North development.
Exhibit "A" Page - 5
Hills of Denton North MPC
Development Standards Document
General Note: Except as clearly and specifically stated herein, the provisions of this document
are subordinate to all ordinances of general application in the City of Denton, Texas. The
provisions of this document do not modify or amend any ordinance of the City of Denton, and
have no applicability whatsoever outside the Hills of Denton North MPC. The terms of this
document serve as limited exceptions to the general development standards of the City of
Denton, only to the limited extent specified herein, and are intended to be construed narrowly
and restrictively. Any stated exceptions to specific sections of any ordinance or design standard
shall apply only to the limited extent necessary to achieve the stated exception, and all other
requirements of such cited provisions that are not specifically excepted shall continue to apply in
full force and effect within the Hills of Denton North MPC.
Exhibit "A" Page - 6
Landscape and Tree Canopy Requirements:
Landscape and tree canopy requirements shall comply with §35.13.7.13 of the Denton
Development Code with, the following exceptions:
Hills of Denton North Landscape and Tree Canopy Requirements
Percent
Percent Tree
Hills of Denton Districts
Canopy
Landscape Area
Coverage
SF
Single Family Residential
30%
40%
C
Commercial
20%
30%
Street Tree Requirements:
§35.13.7.C.3.a.i.a. shall be excepted to allow the following:
A minimum of one (1) tree per lot for developments with spacing not to exceed 60 feet on
center.
§35.13.7.C.3.a.i.b. shall be excepted in its entirety from application in this development.
Exhibit "A" Page - 7
Access, Parking and Circulation Requirements:
§35.13.10.B.1.c. shall be excepted to allow the following:
Surface parking lots with greater than 150 parking spaces or more shall:
i. Be divided into separate areas by landscaped areas or walkways at least 10 feet in
width, or by a building or group of buildings.
ii. Provide adequate pedestrian circulation within the site. Pedestrian walkways
shall be directly linked to entrances and the internal circulation of the building(s).
'ii. A raised walkway, of a minimum un-obstructive width of 5 feet, shall be installed
through parking areas for developments involving a gross floor area in excess of
40,000 square feet.
§35.13.10.B.1.d. shall be excepted to allow the following:
Permeable paving is not required for those surface parking spaces that exceed the number of
parking spaces required. For each additional parking space that exceeds the number of parking
spaces required;
i. 100 sq ft of parking lot tree canopy above and beyond the minimum required, or
ii. 10% of additional parking lot open space shall be provided in the parking lot, or
iii. Permeable paving, or
iv. The equivalent amount of open space (i.e. 1,000 sq. ft. excess parking = 1,000
excess open space above and beyond minimum required) shall be provided within
100' of the parking lot, or
v. Any combination of the above.
§35.13.10.B. shall be excepted to add the following additional standard in the Hills of
Denton North MPC:
Parking Structures. Parking structures shall require approval of an Alternative Development
Plan meeting the criteria of Subchapter 35.13.5, along with an additional finding that the
proposed architectural elevation is appropriate for the character of the area.
§35.13.10.C.2. shall be excepted as follows:
Any one or combination of the following shall be used. These requirements are in addition to the
street tree requirements.
§35.13.10.C.2.c. shall excepted to apply the following additional standard in the Hills of
Denton North MPC:
A 3 foot high berm with a maximum 3 on 1 side slopes, planted with one large tree for every 40
linear feet, except along areas where parking in front of buildings is permitted.
§35.13.10.C.3. shall be excepted to allow the following:
Parking between the building and the street is permitted in the Commercial district, provided:
a. That the perimeter parking is screened by any one or any combination of the following:
A 36" high masonry wall, or
Exhibit "A" Page - 8
ii. A minimum 48" high tubular steel / wrought iron style fence with masonry columns
evenly spaced approximately 40' on center, or
iii. A 25' wide landscape buffer with a minimum 42" high berm with 1 on 4 maximum side
slopes. Landscape area must contain one large tree for every 40 linear feet.
b. That the parking area between the building and the street shall receive:
i. An additional 5% tree canopy above and beyond the 15% required (for a total of 20%).
Additional canopy coverage cannot be credited towards other canopy requirements;
ii. An additional 3% open space above and beyond the 7% required (for a total of 10%).
Additional open space cannot be credited towards other open space requirements; and
Ili. Parking lots shall provide interior planting islands between parking spaces at an average
of every 10 parking spaces to avoid long rows of parked cars. The planting islands shall
be a minimum of 153 square feet and be protected by a 6-inch high curb on all sides and
a 12-inch wide concrete step-off area adjacent to parking spaces. A large tree shall be
planted within this planting island.
Exhibit "A" Page - 9
Single-Family Architectural Standards:
§35.13.13.1.A.4. shall be excepted to provide the following additional restriction:
Covered front porches (The depth of the porch must be at least 6-feet in depth to receive credit as
an architectural feature).
§35.13.13.1.A. shall be excepted to allow the following design feature as an additional
option:
Covered front porches that extend along at
shall receive credit as two features.
least 50% of the front facade (excluding the garage)
§35.13.13.1.C. shall be excepted as follows:
Houses with the same facade on either side of a given street (represented by "A" and "B" below)
must be separated by a minimum of three lots.
10
A C J E K F A
E D K F A D C J E
§35.13.13.1.D. shall be excepted in its entirety from application in this development.
§35.13.13.1.E. shall be excepted as follows:
All walls along the front facade
building entrance/address is locat
door areas (excluding garage door
way (excluding alleys) must con
(excluding garage doors), or one
whichever is greater. Shutters,
minimum requirement.
private right-of-way where the
of the wall space in window or
face a public or private right-of-
space in window or door areas
defined by the Building Code),
will not be counted towards the
§35.13.13.1.F. shall be excepted as follows:
Primary entrance shall face a public street and sidewalk or be a courtyard entrance.
Exhibit "A" Page - 10
(front adjoining a public or
ed) must contain at least 25%
s). All other facades, which
tam at least 10% of the wall
opening per sleeping area (as
trims, and faux windows
§35.13.13.1.H., § 35.13.13.1.1, and § 35.13.13.1.J shall be excepted as follows:
H. 100% of the surface area of the front side of the residential structure, excluding dormers,
gables, porches, windows, doors, and bay windows, shall be masonry. The total percentage
of masonry on the entire residential structure, excluding dormers, gables, porches, windows,
doors, and bay windows, shall be a minimum of 80%. Masonry includes brick, stone, or
stucco.
1. No exterior combination of brick color, mortar color, and sand color shall be repeated within
200 lineal feet on either side of the same street.
J. A/C compressors, utility meters, and plumbing cleanouts shall be screened from view of the
public right-of-way using landscaping or fences. Height on planting material after two
growing seasons shall be a minimum of 30 inches. For energy efficiency, A/C compressors
shall be located on the east or north face of the house, unless doing so would place the
compressor in the front yard, or facing any street.
§35.13.13.1. shall be excepted to require the following additional standards:
K. Garage access shall not be from a primary or side street, when alley access is available.
L. Each detached single-family dwelling shall have a 2 car enclosed garage or larger.
M. The minimum square footage of detached single-family dwellings shall be 1,800 square feet
of total floor area that is air conditioned.
This requirement may be reduced to 1,300 square feet for areas approved on the
Development Plan Map for active adult retirement community development, limited by
private deed restriction to require that at least one person residing in each household shall
have attained an age of fifty-five (55) years. In such cases, a minimum of four (4) of the
architectural elements listed in "A" above must be utilized on each structure.
N. At least 10% of the detached single family dwellings shall contain a minimum of 2,000
square feet of total floor area that is air conditioned and utilize at least four (4) of the
architectural features listed in "A" above.
0. At least 10% of the detached single family dwellings shall contain a minimum of 2,200
square feet of total floor area that is air conditioned and utilize at least four (4) of the
architectural features listed in "A" above.
P. The minimum square footage of attached single-family dwellings shall be 1,400 square feet
per unit of total floor area that is air conditioned.
Q. All dwellings shall have a roof of slate, tile or 20 year composition singles with a weight of
at least 240 pounds per 100 square feet.
R. The roof pitch of the primary structure shall be 6-in-12 slope minimum.
Exhibit "A" Page - I 1
Non-Residential/Commercial and Office Buildings:
Non-residential/Commercial buildings or mixed-use buildings and their lots shall comply with
the following additional standards and exceptions.
§35.13.13.3.A.1. shall be excepted to provide as follows:
Building frontages greater than 100 feet in length shall have offsets, jogs, or other distinctive
changes in the building fagade to create shadow lines. Offsets and jogs shall be a minimum of 2
feet in depth.
§35.13.13.3.A.4. shall be excepted to provide as follows:
Buildings shall have their primary orientation towards the street and/or parking lot.
§35.13.13.3.A. shall be excepted to provide the following additional provision:
Parking areas that are located between the building and the street shall conform to the regulations
identified in the Access, Parking and Circulation Requirements.
§35.13.13.3.B.2. shall be excepted as follows:
Fronts and street sides of buildings visible from the public right of way shall be 100% masonry,
excluding dormers, gables, porches, windows, doors, and trim.
§35.13.13.3.C. shall be excepted from application in this development.
Exhibit "A" Page - 12
Parking Standards:
§35.14.4.A. shall be excepted to add the following additional parking standard in the Hills
of Denton North MPC:
Amenity Center. Two (2) spaces peer one thousand (1,000) square feet of gross floor area.
§35.14.4.B.3. shall be excepted as follows:
Business, general retail, personnel services.
a. General - one (1) space for two hundred (200) square feet of gross floor area.
b. Furniture and appliances - one (1) space per five hundred fifty (500) square feet of gross
floor area.
§35.14.4.B.4. shall be excepted as follows:
Chapels and mortuaries. One (1) space per three (3) fixed seats in the main chapel.
§35.14.4.B.5. shall be excepted as follows:
Offices. Medical and dental - one (1) space per one hundred fifty (150) square feet of gross floor
area. General - one (1) space per two hundred fifty (250) square feet of gross floor area.
§35.14.4.B.6. shall be excepted as follows:
Restaurants, bars, ice cream parlors and similar uses. One (1) space per four (4) seats or one (1)
space per 100 sq. ft. of gross floor area (including outdoor serving areas) up to 4,000 square feet,
whichever is less, plus one (1) space for each 80 square feet of gross floor area over 4,000 square
feet. A minimum of three (3) spaces is required.
§35.14.4.B.7. shall be excepted as follows:
Skating rinks. One (1) space per one-hundred (100) sq. ft. of gross building area.
§35.14.4.B.8. shall be excepted as follows:
Theaters, auditoriums, stadiums, gymnasiums and similar uses. One (1) space per three (3) seats.
§35.14.4.B. shall be excepted to add the following additional parking standard in the Hills
of Denton North MPC:
Stables. One (1) space for each five (5) horses kept on the premises.
Coin Operated Laundry. One (1) space for each three (3) washing machines.
§35.14.4.C.1. shall be excepted as follows, which shall govern over the existing provision in
this development:
Industrial uses, except warehousing. One (1) space per five hundred (500) square feet of gross
floor area or for each two (2) employees on the largest shift, whichever is greater.
§35.14.4.C.2. shall be excepted as follows, which shall govern over the existing provision in
this development:
Warehousing.
a. (If used exclusively for storage). One (1) space per one thousand (1,000) square feet of
Exhibit "A" Page - 13
gross floor area or for each two (2) employees, whichever is greater.
b. (If not used exclusively for storage). One (1) space per five hundred (500) square feet of
gross floor area, plus one (1) space per two-hundred fifty (250) square feet of office or
sales area.
§35.14.4.D., including all subsections, shall be excepted as follows, which shall govern over
the existing provision:
1. Day care facilities having 13 or more children/adults. Two (2) spaces per three (3) employees
plus one (1) loading space for every 8 children; a minimum of two (2) spaces are required.
2. Churches, temples and other places of assembly not specified elsewhere. One (1) space per
three (3) seats within the main auditorium or one (1) space for every thirty-five (35) square
feet of seating area within the main auditorium where there are no fixed seats; eighteen (18)
lineal inches of bench shall be considered a fixed seat.
3. Golf courses.
a. Regulation Course - Eight (8) spaces per hole, plus additional spaces for auxiliary uses on
the site set forth in this section.
b. Driving Range - One (1) space per tee, plus additional spaces for auxiliary uses on the
site set forth in this section.
c. Miniature golf courses - Three (3) spaces per hole, plus additional spaces for auxiliary
uses on the site set forth in this section.
4. Hospitals. One and three quarters (1.75) spaces per patient bed.
5. Nursing and convalescent homes. One (1) space per four (4) patient beds.
6. Rest homes, homes for the aged, or assisted living. One (1) space per four (4) patient beds or
one (1) space per apartment unit.
7. Schools, elementary and junior high. One and one-half (1 1/2) spaces per classroom, or the
requirements for public assembly areas as set forth herein, whichever is greater.
8. High schools. One (1) space for each member of the faculty and each employee, plus one (1)
space for each six (6) full-time student capacity, or the requirements for public assembly as
set forth herein, whichever is greater.
9. Colleges, universities and trade schools. One and one-half (1 1/2) spaces per classroom, plus
one (1) space per three (3) students the school is designed to accommodate at one time, plus
requirements for on-campus student housing.
§35.14.4.F. shall be excepted as follows:
Any spaces over the required number of spaces shall be mitigated per the Access Parking and
Circulation Requirements of this document. Spaces provided on-street, or within the building
footprint of structures, such as in rooftop parking, or under-structure parking, or in multi-level
parking above or below surface lots, shall not apply towards the maximum number of allowable
spaces.
§35.14.5.A. shall be excepted as follows:
The amount of off-street parking required shall be reduced by the following credit provided for
on-street parking: one (1) off-street parking space credit for every one (1) on-street space.
Exhibit "A" Page - 14
§35.15.17.5. shall be excepted as follows:
The illustration for exceptions to the effective area of signage on perimeter fencing and entry
monuments within SF district is as follows:
Exhibit "A" Page - 15
EXCLUDED FROM
EFFECTIVE AREA
§35.17.8.A.1. shall be excepted as follows:
Up to 10% of the area may be disturbed for private yard and/or non-private yard structures
including but not limited to: gardens, yards, trails, and clearings, but which are no closer than 25
feet from the stream bank or riparian buffer. No disturbance is permitted in delineated wetlands.
§35.17.8.A.10. shall be excepted to add the following additional use and activity:
Public and private roads.
§35.20.2.G.3. shall be excepted as follows, and this provision shall govern over the
corresponding Code provision in this development:
Block width. Double fronted lots shall be avoided except where essential to provide separation
of residential development from major traffic arteries or adjacent nonresidential activities or to
overcome specific disadvantages of topography and orientation. Through lots shall have a
minimum average depth of one hundred (100) feet.
§35.23.2. shall be excepted as follows:
Lot, Double Frontage: A lot having frontage on two nonintersecting streets, as distinguished
from a corner lot.
Exhibit "A" Page - 16
EXHIBIT B
BEING a 501.98 acre tract of land situated in the J.A. Burns Survey, Abstract No. 130,
the B.B.B. & C.C.C.R. Survey, Abstract No. 134, the E. Pritchett Survey, Abstract No.
1025, the W. Pea Survey, Abstract No. 1054, the F. McKettrick Survey, Abstract No.
846, the J. Stewart Survey, Abstract No. 1150, the J. Ayres Survey, Abstract No. 0002,
the A. Fry Survey, Abstract No. 1639, the L.W. White Survey, Abstract No. 1408, and the
S. Blish Survey, Abstract No. 40, Denton County, Texas, further being all of those
certain called 165.46, 79.9951, 90.0542, 38.3235, 123.192, and 5.0318 acre tracts
described to 2006 Milam East Partners, L.P. by Special Warranty Deeds recorded as
Instrument No's. 2007-61548, 2006-134981, 2006-134987, 2006-134991, 2006-134976,
and 2006-134972, respectively, in the Official Records of Denton County, said 501.98
acre tract being more particularly described as follows:
BEGINNING at a capped 5/8" iron rod marked "CARTER BURGESS" found in the west
line of F.M. 2164, at the northeast corner of that certain called 79.9261 acre tract
described to DENTON 288, L.P. by Special Warranty Deed recorded as Instrument No.
2006-21489, Official Records of Denton County, also the southeast corner of
aforementioned 5.0318 acre tract;
THENCE N 89°02'13" W departing the said west line of F.M. 2164 and along the north
line of said 79.9261 acre tract, a distance of 3172.71 feet to a 1/2" iron rod found at the
northwest corner of said 79.9261 acre tract;;
THENCE S 00°20'44" E along the west line of said 79.9261 acre tract, a distance of
582.00 feet to a 1/2" iron rod found for corner at the northeast corner of that certain
called 91.0934 acre tract described to DENTON 288, L.P. by Special Warranty Deed
recorded as Instrument No. 2006-56316, Official Records of Denton County;
THENCE departing the west line of said 79.9261 acre tract and along the north line of
said 91.0934 acre tract the following:
N 88°49'45" W a distance of 1627.90 feet to a 1/2" iron rod found for corner;
S 01 027'08" W a distance of 144.68 feet to a fence corner post found for corner;
N 88°47'17" W a distance of 245.52 feet to a fence corner post found for corner at the
northwest corner of said 91.0934 acre tract and the northeast corner of that certain
called 154.1246 acre tract described to DENTON 288, L.P. by Special Warranty Deed
recorded as Instrument No. 2006-67448, Official Records of Denton County;
THENCE N 89007'15" W a distance of 1838.29 feet to a fence corner post found at the
northwest corner of said 154.1246 acre tract;
THENCE S 00°32'20" W along the west line of said 154.1246 acre tract, a distance of
426.52 feet to a fence corner post found in the north line of that certain called 87.452
acre tract described to Rancho Vista Development Company by Special Warranty Deed
recorded in Volume 2695, Page 465, Deed Records of Denton County;
Page 1 of 3
THENCE N 89°10'00" W along the north line of said 87.452 acre tract and the north lines
of those certain called 19.23, 20.747, 10.80, and 19.23 acre tracts described in deeds
recorded as County Clerk File No's. 96-R0003867, 97-R0003249, Instrument No. 05-
78217, and County Clerk File No. 93-R0075347, respectively, in the Official Records of
Denton County, in all, a total distance of 2457.02 feet to the northwest corner of said 93-
R0075347 tract, in the east line of that certain called 572.029 acre tract described in the
aforementioned deed to Rancho Vista Development Company;
THENCE N 01 008'35" E along the east line of said 572.029 acre tract, the east line of
that certain called 160.6002 acre tract described to Joseph E. Stockard, et al by
Substitute Trustee's Deed recorded in Volume 3290, Page 881, Deed Records of
Denton County, Texas, and the east line of that certain called 0.844 acre tract described
to Gerald E. Jungjohan by deed recorded in Volume 897, Page 413, Deed Records of
Denton County, Texas, in all, a total distance of 2996.05 feet to the south line of F.M.
3163 (Milam Road);
THENCE along the said south line of F.M. 3163 (Milam Road) the following:
S 83°05'51" E a distance of 322.49 feet to the beginning of a curve to the left which has
a central angle of 06°20'36", a radius of 2924.73 feet, and a chord which bears S
86 °13'32" E - 323.64 feet;
With said curve to the left, an arc distance of 323.80 feet to the end of said curve;
S 89°26'15" E a distance of 4495.96 feet to a 1/2" iron rod with a plastic orange cap
stamped "PIBURN PARTNERS" set for corner;
THENCE S 0202533" W departing the aforementioned south line of F.M. 3163 (Milam
Road), a distance of 531.34 feet to a 1/2" iron rod with a plastic orange cap stamped
"PIBURN PARTNERS" set for corner;
THENCE S 89°05'56" E a distance of 50.02 feet to a metal fence corner post found at
the southwest corner of those certain tracts described to Wallace R. and Sondra L.
Trietsch - Trustees, by General Warranty Deed recorded as County Clerk File No. 98-
0112293, Official Records of Denton County, Texas;
THENCE S 89°16'31" E along the south line of said Trietsch tract, a distance of 386.51
feet to a 1/2" iron rod with a plastic orange cap stamped "PIBURN PARTNERS" set for
corner at the southeast corner of said Trietsch tract, in the west line of that certain tract
described to Ricky Wayne Smith by Warranty Deed recorded in Volume 1027, Page
324, Deed Records of Denton County;
THENCE S 02°50'11" W along the west line of said Smith tract, a distance of 40.47 feet
to a 3/8" iron rod found at the southwest corner of said Smith tract;
THENCE S 89°33'59" E along the south line of said Smith tract, a distance of 152.00
feet to a 3/8" iron rod found at the southeast corner of said Smith tract;
Page 2 of 3
THENCE N 02°28'07" E along the east line of said Smith tract, a distance of 572.86 feet
to the aforementioned south line of F.M. 3163 (Milam Road), at the northeast corner of
said Smith tract, from which a 1/2" iron rod found bears N 02 °28'07" E - 0.54 feet;
THENCE along the said south line of F.M. 3163 (Milam Road) the following:
S 89°26'15" E a distance of 110.83 feet to a 1/2" iron rod found for corner;
S 89°34'13" E a distance of 193.02 feet to a wooden TXDOT marker found;
S 50°28'17" E a distance of 9.51 feet;
S 89°34'15" E a distance of 88.00 feet to a wooden TX DOT marker found;
S 89034'21" E a distance of 138.73 feet to a 1/2" iron rod with a plastic orange cap
stamped "PIBURN PARTNERS" set for corner;
S 87°53'12" E a distance of 102.08 feet to a wooden TXDOT marker found;
N 89°28'22" E a distance of 359.29 feet to a wooden TXDOT marker found;
S 89°34'18" E a distance of 233.70 feet to a wooden TXDOT marker found;
S 89°43'11" E a distance of 40.00 feet to a wooden TXDOT marker found;
S 89°43'11" E a distance of 343.40 feet to a wooden TXDOT marker found;
S 89°38'17" E a distance of 171.65 feet to a wooden TXDOT marker found;
S 89°34'32" E a distance of 210.00 feet to a wooden TXDOT marker found;
S 89°11'22" E a distance of 480.00 feet to a wooden TXDOT marker found;
S 89°11'22" E a distance of 20.00 feet to a wooden TXDOT marker found;
S 89°18'15" E a distance of 693.42 feet;
S 88°58'14" E a distance of 239.94 feet;
S 45°44'04" E a distance of 141.56 feet to the west line of aforementioned F.M. 2164;
THENCE S 00°48'05" E along the west line of said F.M. 2164 a distance of 1752.62 feet
to the POINT OF BEGINNING and containing 21,866,277 square feet or 501.98 acres of
land, more or less.
• Bearings are based upon that certain called 748.983 acre tract described in Special Warranty Deed recorded as
Instrument No. 2006-12144, Official Records of Denton County, Texas.
PIBURN & PARTNERS, LLC
(214) 328-3500
www.metrosurveyor.com
Page 3 of 3
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