Lakeside Business District

History:

The Lakeside Business District (LBD) is planned for large scale commercial and/or light industrial developments such as corporate offices, office parks, industrial parks, clean manufacturing, hotels, resorts and similar uses, in a planned campus setting. Retail, restaurant, hotel and similar uses serving the commercial/industrial uses could be appropriate, if they are planned as integral elements of the developments. No residential land uses are included in this district. However, according to the description of Campus Commercial within the area plan section, "Residential uses are appropriate only for a luxury condominium tower within a four-star hotel development to be located at 2900 Lakeside Parkway." The Lakeside Business District emphasizes high quality, regional commercial development enabling Flower Mound to effectively compete in the economic development arena and develop a balanced tax base which will lower the tax burden on homeowners.

Activity during the review:

Generally speaking, the light industrial development (warehouses) in the LBD has been a success and it is expected that more warehouses would be built if the area plan allowed. In addition to an apparent market for warehouses, the Town has seen residential development interest in the area including both single and multi-family development.

Documents:


Section 4 of the ordinance approved in 1984 states the following:

“Any party desiring to construct any improvements which require the obtaining of a building permit and/or a certificate of occupancy on any property which is located within the area delineated as Zone "B" and/or Zone "C" on the map shall execute an Avigation Easement and Release in the form described in Section 5 of this Ordinance as a condition precedent to the obtaining of a building permit and/or a certificate of occupancy. The Avigation Easement and Release shall be filed for record in the Deed Records of Denton County, Texas, and shall constitute a covenant running with the land.”

The language of the easement is as follows. The easement does not prevent development, but does put landowners and potential buyers on notice that aircraft will be flying over.

…Owner does hereby waive, release, remise, quitclaim and surrender to the Dallas-Fort Worth Regional Airport Board, the Cities of Dallas, Texas and Fort Worth, Texas, the Town of Flower Mound, Texas, municipal corporations, their successors and assigns, hereinafter collectively called "Cities," for the use and benefit of the public and its agencies, any and all claims for damages of any kind that Owner may now have or may hereafter have in the future by reason of the passage of all aircraft ("aircraft" being defined for the purposes of this instrument as any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air) by whomsoever owned and operated, in the air space over Owner's property above a level measured 150 feet from the average ground level of said property as same presently exists, to an infinite height above said 150 feet from the average ground level, or the causing in all air space above the surface of Owner's property such noise, vibration, fumes, dust, fuel and lubricant particles, and all other effects that may be caused by the operation of aircraft landing at, or taking off from, or operating at or on the Dallas-Fort Worth Regional Airport; and Owner does hereby fully waive, remise and release any right or cause of action which it may now have or which it may in the future have against Cities, their successors and assigns, whether such claim be for injury to person or damages to or taking of property, due to noise, vibration, fumes, dust, fuel and lubricant particles, and all other effects that may be caused or may have been caused by the operation of aircraft landing at, or taking off from, or operating and/or maintenance of aircraft landing at, or taking off from, or the operation and/or maintenance of aircraft or aircraft engines at or on said Dallas-Fort Worth Regional Airport. This instrument does not release the owners or operators of aircraft from liability for damage or injury to person or property caused by falling aircraft or falling physical objects from aircraft, except as stated herein with respect to noise, fumes, dust, fuel and lubricant particles. It is agreed that this Release shall be binding upon Owner's heirs and assigns, and successors in interest to said property described on the subdivision plat or in Exhibit "A" attached hereto, as the case may be, and it is further agreed that this instrument shall be a covenant running with the land, and shall be recorded in the Deed Records of Denton County, Texas.

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