1999-142 O ANCENO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM
PLANNED DEVELOPMENT (PD-41) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 34 047 ACRES OF LAND I.OGATED ON THE WEST SIDE OF LOOP 288,
APRX 485' NORTH OF THE T-INTERSECTION OF MORSE RD AND LOOP 288,
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR
VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-98-049)
WHEREAS, John Ramey, on behalf' of Kent Key, has applied for a change in zoning for
34 047 acres of land from Planned Development (PD-41) zoning district classification and use
designation to Commercial (C) zomng district classification and use designation, and
WHEREAS, on October 28, 1998, the Planning and Zoning Commission recommended
demal of the requested change in zomng, and
WHEREAS, the City Council finds that the change in zomng will be in compliance with the
1988 Denton Development Plan and the 1998 Denton Plan Policies, NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the zoning district classification and use designation of the 34 047 acre
property described in the legal description attached hereto and incorporated herein as Exhibit A is
changed from Planned Development (PD-41) zoning district classification and use designation to
Commercial lC(c)] zomng district classification and use designation under the comprehensive zomng
ordinance of the City of Denton, Texas, subject to the following conditions
1 Llghimg on the property shall be designed and maintained so as not to shine on, or otherwise
disturb, adjoining property or to shine and project upward to prevent the diffusion into the
night sky
2 That the maximum allowable square footage be limited to 318,000 square feet (a floor area
ratio of about 0 38 to 1), mmntmnlng a traffic generation level at 11,130 trips per day based
on the estimated trip generation for the proposed use
3 Access to Loop 288 would be hmlted to the proposed Collector Street
4 8 395 acres of Floodplain and 2 255 acres of Floodway, a total of 10 65 acres adjacent to the
southern boundary of the tract, shall be dedicated as Open Space
5 Exterior building materials facing public streets shall be of masonry construction, with the
exception of doors and windows
6 Maximum building height is five (5) stones
7 The permitted and restricted land uses allowed within the Commercial (C) zoning district
shall be as hsted in Exhibit B
SECTION II That the City's officml zomng map is amended to show the change ~n zomng
district classification
SECTION III That any person vmlatmg any provision of this ordinance shall, upon
conwetlon, be fined a sum not exceedmg $2,000 00 Each day that a provision ofth~s ordinance ~s
wolated shall consUtute a separate and dasUnct offense
~ That th~s ordinance shall become effective fourteen (14) days from the date
of~ts passage, and the C~ty Secretary as hereby d~rected to cause the caption of th~s ordinance to be
pubhshed twice in the Denton Reeord-Chromcle, a dmly newspaper pubhshed in the C~ty of Denton,
Texas, withan ten (10) days of the date or,ts passage
PASSED AND APPROVED th~s the ~Tz~'-~-'~ day of [?Z~)~ ,1999
JACk'rifLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
TRACT I ~XHIB~T ~
All that certain tract or parcel of land s~tuated in the MARY L. AUSTIN
SURVEY, ABSTRACT NO. 4, Denton County, Texas. Being a part of a (called)
60.528 acre tract described in a Deed from Metroplex Equities, Inc., Trustee
to U.S. Independent Companlee, Trustee on the 24th day of August, 1983,
recorded in Volume 1249, Page 195, Deed Records of Denton County, and being
more fully described as follows~
BEGINNING at the Northwest corner of said 60,528 acre tract on the North
boundary line of the M.L. Austin Survey, Abstract 4;
THENCE North 89 degrees 44'minutes 58 seconds East with the North boundary
line of the M.L. Austin Survey along and near a fence a distance of 911,05
feet to an iron pin at the West Northwest corner of a 16.1605 acre tract
described in a deed from U.S. Independent Companies, Trustee to U.S.
Independent Companies, recorded tn Volume 1249, Page 758, Deed Records of
Denton County;
THENCE South 01 degrees 15 minutes O0 seconds West a distance of 528.78 feet
past an iron pin at the Southwest corner of said 16.1605 acre tract and
continuing a total distance of 1148.21 feet to the middle of Pecan Creek;
THENCE Westerly with the middle of Pecan Creek the Following 3 courses and
distances;
(1) South 65 degrees 36 m~nutes lb seconds West a distance of 241.39 feet,
(2) North 35 degrees 09 minutes 44 seconds West a distance of 233.98 feet,
(3) North 83 degrees 22 minutes 25 seconds West a d~stance of 147.26 feet to a
corner in said creekl
THENCE North 83 degrees 45 minutes 36 seconds West with a fence a distance of
421.87 feet to a fence corner at the Southwest corner of said 60.528 acre
tractt
THENCE North 01 degree 58 minutes 52 seconds East along and near a fence a
distance of 990,12 feet to the POINT OF BEGINNING and containing 22.8092 acres
of land.
TRACT II
BEGINNING at an iron pin on the East boundary line of sa~d 60.528 acre tract
and on the West Right-of-Way of Highway Loop 288 at the Southeast corner of
a certain 16.1605 acre tract described in a Deed from U.S. Independent
Companies, Trustee to U.S. Independent Companies, recorded in Volume 1249,
Page 758, Deed Records, Denton County;
THENCE South 01 degree 15 minutes 01 second West with the West boundary line
of Highway Loop 288, along and near a fence a distance of 60.96 feet to a
Right-of-Way Post;
THENCE South 09 degrees 45 minutes 57 seconds West with said Right-of-Way
along and near a fence a distance of 200.2 feet to a Right-of-Way Post~
THENCE South 01 degree lS minutes O0 seconds West with said Right-of-Way along
and near ~ fence a distance of 392.17 feet t¢ the Southe,et corner of said
60.528 acre tract in the middle of Pecan Cre~k;
THENCE Westerly with the middle of Pecan Creek the following 4 courses and
dlstanoes=
(1) North 87 degrees 30 minutes 47 seconds West a distance of 181.7 feet,
LEGAL DE$CRIPTION~
GF#920616§
~X~IBIT A~ ~&~e 2
(2) South 73 degrees O0 minutes 02 seconds West a distance of 209.64 feet,
(3) South 84 degrees 23 minutes 22 seconds West a distance of 132.38 feet,
(4) South 65 degrees 36 minutes 16 seconds West a d~stance of 237.89 feet for
a cornerz
THENCE North 01 degree 15 minutes O0 seconds East a distance of b19.43 feet to
an iron pin;
THENCE Northeasterly around a curve to the left having a central angle of 14
degrees 13 minutes 27 seconds, a chord of North 55 degrees 25 minutes 34
seconds East 90.39 feet, a Radius of 365.03 feet and an arc length of 90.62
feet to an iron pln;
THENCE North 48 degrees 18 minutes 51 seconds East with the South boundary of
sa~d tract a distance of 72.04 fset;
THENCE Easterly around a curve to the R~ght having a central angle of 42
degrees 56 minutes 09 seconds, a chord of North 69 degrees 46 m~nutes 56
seconds East 301.15 feet, a radius of 411.42 feet, and an arc length of 308.31
feet to an iron pin;
THENCE South 88 degrees 45 m~nutes O0 seconds East w~th the South boundary
line of said 16.1605 acre tract a distance of 350.0 feet to the POINT OF
BEGINNING and containing 11.2380 acres of land, more or less.
'~ ,
~ EXHIBIT B
"C', Commercial D~striot
Primary Residential Uses
One Family Dwelling Restricted
Community Unit Development
Dormitory, Boarding or Rooming House
Hotel or Motel
Educational~ Institutional & Special Uses
Art Gallery or Museum
Cemetery or Mausoleum
Church or Rectory
College or University or Private School
Community Center (Public)
Day Camp
Day Nursery or Kindergarten School
Group Homes
Halfway House
Home for Care of Alcoholic, Narcotic or Psychiatric Patients
Hospital (General Acute Care)
Hospital (Chronic Care)
Institutions of Religious or Philanthropic Nature
Public Library
Monastery or Convent
Nursing Home or Residence Home for Aged
Occasional Sales
Park, Playground or Public Community Center
School, Private Primary or Secondary
School, Public or Denominational
School, Business or Trade
utility. Accessory and Incidental Uses
Accessory Building
Community Center (Private)
Electrical Substation
Electrical Transmission Line
Temporary Field or Construction Office (Subject to Approval and
Control by Building Inspector)
Fire Station or similar Public Safety Building
Gas Transmission Line and Metering Station
Home'Occupation
Off Street Parking Incidental to Main Use
off Street Remote Parking
Public Building, Shop, Yard of Local, State or Federal Government
Radio and/or Television Microwave Tower
Sewage Pumping Station
Private swimming Pool
Telephone, Business Office
Telephone Line and Exchange Switching or Relay Station
Water Reservoir, Water Pumping Station or Well
Water Treatment Plant
,'0,' Commercial District goontinued~
Recreational and Entertainment Uses
Amusement, Commercial (Outdoor)
Amusement, Commercial (Indoor)
Country Club (Private) with Golf Course
Dance Hall or Night C~ub
Fairground or Exhibition Area
Public Golf Course
Commercial Golf Course
Public Park or Playground
Public Play field or Stadium
Rodeo Grounds
Roller or Ice Skating Rink
iiy
Stable, Private Club
Stable, Commercial Rental
Stable, Boarding
Swim or Tennis club
Theater, Drive-in
Theater, Other than Drive-in Type
Transportation Related Uses
~Airport Landing Field or Heliport
Bus Station or Terminal
Hauling or Storage Company
Motor Freight Terminal
~>Railroad Freight Terminal
~Railroad Passenger Station
~Railroad Track or Right-of-Way
~Railroad Team Track
Truck Parking Lot
commercial Parking Lot or Structure
Automobile Service Uses
Auto Laundry
Auto Fainting and Body Repair
Auto Sales and Repair (In Building)
Gasoline Service Station
New Auto Parts Sales Stores
New or Used Car Sales Lot (in Open)
Seat Cover and Muffler Installation Shop
Tire Retreading or Capping
Used Auto Farts Sales (In Building)
Retail and Service TVDe Uses
Antique Shop
Bakery or Confectionery Shop (Retail)
Cafeteria
Cleaning and Fressing Small Shop and Pickup
Custom Personal Service Shop
Drapery, Needlework or Weaving Shop
Florist or Garden Shop
Greenhouse or Plant Nursery (Retail)
Handicraft Shop
Honsehold Appliance Service and Repair
Laundry or Cleaning Self Service
'Z
"C'. -Commercial Distr%~ (oont.nued)
Retail and Service Type USeS tcontinued)
Mimeograph, Stationery or Letter Shop
Mortuary or Funeral Parlor
Offices, Professional and Administrative
Off Premise Sale of Beer and/or Wine
on Premise Sale of Beer and/or Wine
Licensed Private Club
Pawn Shop
Restaurant
Retail Stores and Shops - 4,000 square feet or less
Retail Stores and Shops - Over 4,000 square feet
Studio for Photographer, Musician, Artist or Health
Secondhand Store, Used Furniture or Rummage Sale
Tool or Trailer Rental
Agricultural Type Uses
Animal Clinic or Hospital (no outside runs or pens)
Animal clinic, Hospital or Kennel (with outside runs or pens)
Farm or Ranch
Greenhouse or Plant Nursery
Commercial Tvoe Uses
Bakery (Wholesale)
Building Material Sales
Cabinet and Upholstery Shop
Cleaning and Dyeing Plant (Commercial)
Cleaning Plant, Bags or Carpets (Special Equipment)
Clothing Manufacture or Light Compounding or Fabrication
Contractors Shop and Storage Yard
Engine and Motor Repairing
Feed Store
Heavy Machinery Sales and Storage
Job Printing or Newspaper Printing
Laundry Plant (Commercial)
Milk Depot, Dairy, or Ice Cream Plant
Paint Shop
Plumbing Shop
Scientific or Research Laboratories
Storage and Sales of Furniture or Appliances (Outside a Building)
Storage or Sales Warehouse
Trailer Rental or Sales
Transfer, Storage and Baggage Terminal
Wholesale office and Sample Room
PERMITTED USES WITH ~PPROVED SPECIFIC USE PERMIT=
Primary Residential Uses
Educational. Institutional & Special Uses
Fr~ternity, Sorority, Lodge or civic Club
,,~0, commercial District ¢con~inued~
~tilitv. A~cesso~v and Yncidental Uses
Electrical Generating Plant -
Private Utility Shop or Storage Yard
Sewage Treatment Plant
Recreational and Entertainment Uses
Drag Strip or commercial Racing
Go Cart Track
Agricultural Type Uses
Animal Pound (Public or Private)
Commercial Type Uses
Flea Market
Natural Resource Storage and Extraction
~/'~r~"~4 .... ~ ~ ................. SLO~e, Clay ~k
Special Industrial Processes
Temporary Asphalt or Concrete Batching Plant
Mixing and Sale of Concrete
Floor/Area Ratio 2:1 Maximum
YARD R~OUIREM~NTS:
Front Yard: Minimum 25 feet.
Side Yard: No side yard is specified for non-residential use
except where a non-residential use abuts upon a
district boundary line dividing such districts from
a residential district or when the side yard is
adjacent to the street, in which event a ten (10)
foot side yard shall be provided.
Rear Yard: No rear year is specified for non-residential use
except where retail, commercial or industrial uses
back upon a common district line, whether separated
by an allay or not, dividing the district from any
of the residential districts listed, a minimum of
ten (10) feet shall be provided.
~ET~HT RE~UL~TIONS~
Twenty (20) stories, except as noted in special setback
required for all structures over three (3) stories.
SUPPLEMENTAL RE~U~T~ONS~
1. Parking (Based on use. See Article 34-115.)
2. Signs
3. Lighting
4. Landscaping
5. Screening & Fencing