HomeMy WebLinkAbout1990-069NOTE: AMENDED BY ORDINANCE 93-190 A COPY OF WHICH IS ATTACHED.
ORDINANCE NO. 7u
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DETAILED
PLAN FOR THE PLANNED DEVELOPMENT DISTRICT ESTABLISHED BY ORDINANCE
NO. 90-007 AND AMENDING A CONDITION THEREOF RELATING TO WASTEWATER
SERVICE FOR THE PROPERTY; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, by Ordinance No. 90-007, the City Council approved a
planned development district for 2.4 acres of land located east of
and abutting I-35E and west of the M.K.T. Railroad, between
Pockrus-Page Road and Shady Shores Road; and
WHEREAS, Al Lissberger has petitioned to amend the regulations
for wastewater facilities for the property; and
WHEREAS, the Planning and Zoning Commission has recommended
approval of the amendment; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Section II of Ordinance No. 90-007, is amended
to read as follows:
Section II That the First Amended Detailed Plan, attached
as Exhibit "B", is adopted for the district and the
property shall be constructed, used, and maintained in
accordance with the amended detailed plan, subject to the
following conditions:
(1) Corrugated or any other steel construction will not be
allowed on the front exterior of the building.
(2) The property shall be connected to a public sanitary sewer
system before any restaurant in the development begins
business.
(3) The existing house on the site shall be demolished or
removed when building development on the site exceeds
8,000 square feet of floor space.
(4) The dance floor in any restaurant or private club use
shall not exceed 2,000 square feet of floor space.
(5) Vehicles to be repaired or painted in conjunction with any
automotive service use shall be parked in the rear of the
building.
Page 1`
(6) Shared parking standards shall only apply in this PD
district when and if the district is used for restaurant
or private club purposes. Otherwise, parking require-
ments shall be determined from the Denton Code of
Ordinances Article 15, of Appendix B-Zoning, for all
phases of building development.
SECTION II. That a copy of this ordinance shall be attached to
Ordinance No. 90-007, showing the amendment approved.
SECTION III. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION IV. That 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, the official
newspaper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the day of �d , 1990.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: 421+
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: t �� f%1✓��
49059A J'
Page 2
EXHIBIT "A"
FIELD NOTES to all that certain tract of land situated in the G. Walker Survey
Abstract Number 1330 in the City and County of Denton Texas and being all of the
called 1.468 acre tract described in the deed from Estella H. Woodford to
Caraway/Fouts J.V. recorded in Volume 1468 Page 75 of the Real Property Records
of Denton County, Texas and being a part of the called 8.931 acre tract
described in the deed from Larry Schmitz to Bob Caraway recorded in Volume 1484
Page 146 of said Real Property Records as recognized and occupied on the ground;
the subject tract being more particulary described as follows:
BEGINNING for the Northwest Corner of the tract being described herein at an
iron rod found at the Northwest corner of the said 1.468 acre tract in the
monumented Northeasterly right-of-way line of Interstate Highway 35E;
THENCE North 42 Degrees 55 Minutes 48 Seconds East with the North line of said
1.468 acre tract a distance of 316.39 feet to an iron rod found at the Northeast
Corner thereof, in the Southerly right-of-way line of the M.K.3T. Railroad;
THENCE South 30 degrees 32 Minutes 43 Seconds East along said Railroad a
distance of 78.82 feet to the beginning of a curve to the left having a radius
of 1273.57 feet;
THENCE in a Southeasterly direction along the arc of said curve, along said
Railroad at 158.36 feet passing an iron rod set for the Southeast Corner of said
1.468 acre tract, same being the Northeast Corner of said 8.931 acre tract and
continuing along said curve, in all, a total arc distance of 347.74 feet ( chord
bearing of South 38 Degrees 22 Minutes 03 Seconds East a distance of 346.66 feet
) to an iron rod set for the Southeast corner of the herein described tract;
THENCE South 42 Degrees 56 Minutes 51 Seconds West with a line parallel with the
South line of said 1.468 acre tract a distance of 220.48 feet to an iron rod set
for the Southwest corner of the herein described tract in the Northeasterly line
of the abovementioned Highway;
THENCE North 49 Degrees 57 Minutes 00 Seconds West along said Highway as
monumented at 188.70 feet passing an iron rod set for the Southwest Corner of
said 1.468 acre tract and continuing along said course with said Highway, in
all, a total distance of 418.70 feet to the PLACE OF BEGINNING and enclosing
2.473 acres of land.
These Field Notes were prepared from an on the ground survey made by me on
August 17, 1988.
-Mi�hael J. Kern R.P.S. No. 4158 Da e
Aft J. KEJ
4158
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ATTACHMENT3
OE' ELLPhiE'.i _A. ,D.\ROS
DETAILED PLAN
1. Statement of Intent of Owner:
Secure P.Q.-District zonin lat & build building for his business
and leasing. —
2. Statement Indicating Relation to Denton Development Plan:
This area is currently zoned agriculture, is located within a moderat
intensity area. Physical characteristics warrant consideration for -
the proposed uses and type of development
3. Total Number of Acres in Proposed District:
2.468 acres.
4. Land Uses and Total Number of Acres in Each Parcel or Tract:
Total Proposed Acreage
a. Single Family Detached
b. Single Family Attached (townhouses, cluster, etc.)
C. Attached Patio/Garden/Zero Lot Line
d. Duplex
e. Multi -Family -
f. office -
g. Neighborhood Service
h. General Retail
i. Commercial
J. Light Industrial
k. Heavy Industrial
1. other (specify)
See Exhibit A —1
3-1
:?-S:te Information - adjacent or surrounding land uses, zoning, streets,
drainage facilities, and other existing or proposed improvements.
(Shown on concept or detailed plan.)
6. Traffic and Transportation - indicate existing and proposed streets, packing lot
loading areas, access points. (Shown on concept or detailed plan.)
Projected Traffic Generation. (Based on traffic study, if required.)
7. Buildings:
a. Approximate location. (Shown on concept or detailed plan.)
b. Maximum height:
36 feet and not over 20 feet in T('PA easement.
c. Minimum
setbacks: (Shown
on
concept
or
detailed plan.)
18' to
northwest; 18'
to
rear;
18'
to southeast; 75'+ at front
d. Maximum gross floor area (square feet) for nonresidential:
Maximum: 33,377 sq.ft. one building size as shown
8. Residential Subdivision:
a. number of units per acre (density):
b. Number and location of lots: (Shown on concept or detailed plan.)
c. Minimum size, width and depth of lots:. (Shown on concept or detailed plan.)
d. Minimum front, side and rear yard setbacks: (Shown on concept or detailed pl
3-2
9. '�atec and :,carnage - appcoximat= location of all existing oc proposed cceexs,
ponds, lake:, floodplains, other water c,?tantion or major drainage facilities
and improvements. (Shown on concept or detailed plan.)
10. Utilities - location of all major se•-er, �-atec or electrical lines and tacilitie_
(Shown on concept or detailed plan.)
11. Location of trees 3• in diameter - six (6) feet from ground level.
(Shown on concept or detailed plan.)
12. Cpen Space - location and size of greenbelts, packs, common and recreational are,
(Shown on concept or detailed plan.)
13. Screening - location, type and size of all fences, berms or screening features.
(Shown,on concept or detailed plan.)
310' of Burford Holly hedge, 3' high and entrance facade along front
parking lots - grass elsewhere. An 8' screening fence along rear pro
t screen a �t�- o s o pas e1 er sl e.—
mco or as be pianteo sc een oors, wgicbui ding. il bea
14. Development Schedule (concept plan) - showing specific date detailed plan will
be submitted, date to start construction and complete construction, and rate of
development. All dates should indicate month and year.
ADDITIONAL REQUIP.EMSI:TS FOR A DETAILED PLAN
15. Landscaping Plan - major features and types of landscaping to be used.
Entrance -facade and 3' high Burford Holly hedge along 3101 of -'parkin
lot frontage as constructed; grass elsewhere Detail landscaping shoo
on Landscape Plans. All landscapinP incorporated in Planned Phasing
shall be installed as building is constructed.
3-3
16. Signs - 5n0. iOCation, type and size on detailed plan; otnerwise, suns rust
conform to Article 17 of the Zoning Ordinance.
A 10` high 10• by 25' sign shown on detail plan is proposed
17. Sidewalks. (Shown on detailed plan.)
All sidewalks shall be built in first phase.
IS. All information required for preliminary plat in accordance with Appendix A
(Denton Development Code) of the Code of Ordinances.
(A separate plat is required.)
19. Development Schedule (detailed plan) - indicating start and completion of
construction and the rate of development. All dates should indicate month
and year.
See Exhibit B for First Phase construction and Second and later
phase construction. -
ab
3/87
3-4
EXHIBIT A -1
The Planned Development District may include the following type of uses.
Art Gallery or Museum
School, Business or Trade
Telephone, Business Office
Roller or Ice Skating Rink
Bus Stop or Repair
Amusement Center
Auto Laundry
New Auto Parts Sales Store
New or Used Car Sales Lot
(In Open)
Antique Shop
Cafeteria
Custom Personal Service Shop
Florist or Garden Shop
Handicraft Shop
Laundry or Cleaning
Self Service
Licensed Private Club
Pawn Shop
Restaurant
Retail Store and Shops
Over 4,000 Sq. Ft.
Secondhand Store, Used
Furniture or Rummage Sale
Bakery (Wholesale)
Cabinet and Upholstery Shop
Engine and Motor Repairing
Laundry Plant (Commercial)
Heavy Machinery Sales and
Storage
Plumbing Shop
Storage or Sales Warehouse
Wholesale Office and Sample
Room
Theatre, Other Than Drive -In Type
Hauling or Storage Company
Auto Painting and Body Repair
Auto Sales and Repair (In Building)
Seat Cover and Muffler Installation Shop
Used Auto Parts Sales (In Building)
Bakery or Confectionery Shop (Retail)
Cleaning and Pressing Small Shop and Pickup
Drapery, Needlework or Weaving Shop
Greenhouse or Plant Nursery (Retail)
Household Appliance Service and Repair
Mimeograph, Stationery or Letter Shop
Office, Professional and Administrative
Off Premise Sale of Beer and/or Wine
On Premise Sale of Beer and/or Wine
Retail Stores & Shops 4,000 Sq. Ft. or Less
Studio for Photographer, Musician, Artist
or Health
Tool or Trailer Rental
Animal Clinic or Hospital (No Outside Runs
or Pens)
Animal Clinic or Hospital With Outside Runs
or Pens
Cleaning and Dyeing Plant (Commercial)
Greenhouse or Plant Nursery
Cleaning Plant, Bags or Carpets (Special
Equipment)
Feed Store
Clothing Manufacture or Light Compounding
or Fabrication
Job Printing or Newspaper Printing
Petroleum Products Storage Wholesale
Scientific or Research Laboratories
The following type of uses will be prohibited.
(a) Sewage pumping station
(b) Sewage treatment plant
(c) Stable or related facilities for horses
(d) Truck parking lot
(e) Commercial parking lot with structure
(f) Auto wrecking or Salvage yard
(g) Tire retreading or capping
(h) Poultry hatchery
W Storage yard
(j) Sand or gravel sales or storage
(k) Heavy manufacturing or industrial uses
processes
(1) Private utility shop or storage yard
(m) Storage and sales of used furniture or
building
(a) Outside storage in front or side yards
(o) Sexually oriented businesses
2069x
6-5
requiring special
appliances outside a
19 October 1989
EXHIBIT B-1
FIRST PHASE: 1990-1995
*Construct initial 49332 sq. ft. of building
*Construct 18-foot fire lane around entire building
*Construct entrance facade and driveway
*Construct grade and install 24-inch drainage culvert
*Construct 20 parkfag spaces
*Construct and install landscaping in front of building (68 sq. ft.)
*Construct landscape area at top of parking area (102 sq. ft.)
*Install trees in front of bay doors
*Construct and install landscape area at front entrance (640 sq. ft.)
*Install screening hedge in front of parking lot (40 ft.)
*Construct all sidewalk
*Construct and install evapotranspiration system
*Upgrade well to meet city code and supply water as needed
*Grade and install rip -rap and 24-inch culvert in 15-foot easement at
southwest corner of property
*Clear out I35 culvert in front of property (southwest corner)
*Construct and install island for dumpster in rear
*Construct and install island and landscaping for transformer (70 sq. ft.)
*Construct an 8-foot screening fence along the entire length of the
property on the rear property line
SECOND AND LATER PHASES 1996-2010
*Construct balance of building (29,005 sq. ft.)
*Construct balance of fire lane around building
*Construct balance of entrance facade and landscaping incorporated in
each phase in street (7,396 sq. ft.)
*Construct balance of landscaping incorporated in each phase in rear
yard (4,538 sq. ft.)
*Construct and install trees in landscape areas as shown on Detail
Plan (17 Mexican Redbuds and 3 Live Oaks)
*Construct and install balance of islands for dumpsters
*Install balance of Dward Burford Holly screening hedge
*Construct and install balance of landscape in front of building
*Install trees in front of bay doors
*Remove single family house when expanding building development over
8,000 sq. ft.
*Remove septic system when connecting to city sewerage.
ATTACHMENT 4
I.
CALCULATING PARKING FOR MIXED -USE DEVELOPMENTS*
WEEKDAY
Daytime
(9 a.m. -
4 p.m.)
WEEKEND NIGHTTIME
Evening Daytime
(6 p.m.- (9 a.m.-
midnight 4 p.m.)
Office/Industrial
1001
101
10i
Retail
60
90
100
Hotel
75
100
75
Restaurant
50
100
100
Entertainment/
Recreational
40
100
80
*Source: PAS Report #377, Flexible Parking Requirements.
1980x/1
Evening
(6 p.m. -
midnight)
5%
70
100
100
100
Lissber sr
Addition: Parking Requirements
ase on t e �onin�rdinance.
11,100
sq.
ft.
Office/Industrial.......
24
spaces
18,277
sq.
ft.
Retail .................
91
spaces
4,000
sq.
ft.
Restaurants............
40
spaces
Total........................ 15S spaces
4-1
midnight
6 a.m.)
5$
5
75
10
10
Lissber er Addition: Parking Requirements
adjustedadjUSted for mixed uses.
WEEKDAY
Daytime
(9 a.m. -
4 p.m.)
WEEKEND NIGHTTIME
Evening Daytime Evening
(6 p.m.- (9 a.m.- (6 p.m.- midnight
midnight 4 p.m.) midnight) 6 a.m.)
Office/Industrial 24 3 3 2 2
Retail 55 82 91 64 5
Hotel - -
Restaurant 20 40 40 40 4
Entertainment/
Recreational - - -
TOTAL 99 125 134 106 11
Summary:
According to this analysis, 134 parking spaces is adequate for the proposed
mixed use development. This represents a 13.45 percent reduction of the
ordinance requirements.
4-2
1980x/2
e:\wpdocs\ord\lissbe-g.o
ORDINANCE NO. 93 �170
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO.
90-007 TO PROVIDE FOR AN AMENDED DETAILED PLAN FOR 2.468 ACRES OF
LAND IN PLANNED DEVELOPMENT (PD) NO. 134 LOCATED IN THE LISSBERGER
ADDITION EAST OF AND ABUTTING I-35E, WEST OF THE OLD M.K.T. RAIL-
ROAD, AND BETWEEN POCKRUS-PAGE AND SHADY SHORES ROADS; REPEALING
ORDINANCE NO. 90-069; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council, with the adoption of Ordinance No.
90-007, approved a planned development zoning district classifica-
tion for 2.4 acres of land located east of an abutting I-35E, west
of the old M.K.T. Railroad, and between Pockrus-Page Road and Shady
Shores Road; and
WHEREAS, the City Council, at the request of Al Lissberger,
with the adoption of Ordinance No. 90-069, approved an amended
detailed plan for the planned development zoning district class-
ification established by Ordinance No. 90-007 (PD No. 134); and
WHEREAS, Al Lissberger has applied for another amendment to the
detailed plan previously approved for PD No. 134 and on September
22, 1993 the Planning and Zoning Commission, after a public
hearing, recommended approval of the requested change; and
WHEREAS, the City Council finds that the amended detailed plan
will be in compliance with the Denton Development Plan; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Section II of Ordinance No. 90-007 is amended
to read as follows:
SECTION II. That the Amended Detailed Plan, attached as
Exhibit "B", is adopted for the district and the property shall
be constructed, used, and maintained in accordance with the
Amended Detailed Plan, subject to the following conditions:
(1) Corrugated or any other steel construction will not be
allowed on the front exterior of the building.
(2) The property shall be connected to a public sanitary
sewer system before any restaurant in the development
begins business.
(3) The existing house on the site shall be demolished or
removed when building development on site exceeds 8,000
square feet of floor space.
(4) The dance floor in any restaurant or private club use
shall not exceed 2,000 square feet of floor space.
(5) Vehicles to be repaired or painted in conjunction with
any automotive service use shall be parked in the rear of
the building.
(6) Shared parking standards shall only apply in this PD
district when and if the district is used for restaurant
or private club purposes. Otherwise, parking require-
ments shall be determined from the Denton Code of
Ordinances, Chapter 35, for all phases of building
development.
SECTION II. That a copy of this ordinance shall be attached to
Ordinance No. 90-007, showing the amendment herein approved and
Ordinance No. 90-069 is hereby repealed.
SECTION IV. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION V. That 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 pub-
lished twice in the Denton Record -Chronicle, the official newspaper
of the City of Denton, Texas, within ten (10) days of the date of
its passage. PASSED AND APPROVED this the //QQ
u day of 1993.
BY: `'' ' ��1 G Jzc: `Z
PAGE 2
ATTACHMENT 4
I. -
,CULATING PARKING POR NIXED-USD EVELOPMENTS4
405
WEEKDAY WEEKEND NIGHTTIME
Daytime Evening Daytime Evening
(9 a.m. - (6 p.m.- (9 a.m.-
ht
4 p.m.) midnight 4 p.m.) eidni;ht) m6da.m.)
Office/Industrial
Retail
Hotel
Restaurant
Entertainment/
100%
60
75
SO
10%
90
100
100
101
100
7S
100
St
70
100
100
St
'
10
Recreational
40
100
d0
100
10
*Source: PAS Report
0377, Flexible
Parking
Requirements.
19e0x/1
Lissb•r er Addition: Parkin -Wtuirements
ase on t • oa n: r "Ace.
11,100
sq.
ft.
Office/industrial.......
24
spaces
18,277
sq.
ft.
Retail .................
91
spaces
49000
sq.
ft.
Restaurants............
40
spaces
Total ........................ ISS spaces
3-1
_,3,:;2 .
06 III.
L1ssDer er
Addition: tarkim
quiraments
a
uste oc mixe
us_..
WEEKDAY
WEEKEND
NIGHTTIY
Daytime
(9
Evening
Daytime Evening
a.m.
4 P.M.)
(6 p.m.-
midnight
(9 a.m.- (6 p.m.-
a p.m.) midnight)
midnight
6 a.m.)
Office/Industrial
24
3
3
2
2
Retail
SS
82
91 64
i
Hotel
-
Restaurant
20
40
10 40
t
Entertainment/
Recreational
TOTAL
99
US
134 106
11
Summary:
According to this analysis 134 parkin` spaces is adequate for the proposed
mixed use development. This represents a 13.4S percent reduction of the
ordinance requirements.
19801/2
3-2
.33