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Home My WebLink About2001-027ORDINANCE NO q AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO ALLOW FOR SINGLE-FAMILY AND NEIGHBORHOOD SERVICE RETAIL USES FOR APPROXIMATELY 19 59 ACRES LOCATED ON THE NORTHEAST SIDE OF THE INTERSECTION OF TEASLEY LANE AND RYAN ROAD AND LEGALLY DESCRIBED AS 19 59 ACRES IN THE B LEWIS SURVEY, ABSTRACT NO 769, THE E PICKETT SURVEY, ABSTRACT NO 1018, AND THE J FISHER SURVEY, ABSTRACT NO 421, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, PROVIDING FOR APPROVAL OF A ZONING PLAN FOR THE DISTRICT, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (ZP-00- 009) WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-046 which established certain residential interim regulations (the "Residential Interim Regulations"), WHEREAS, the Residential Interim Regulations established, among other things, a Zoning Plan requirement in the event of a request to rezone property, and WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-069 which established certain nonresidential interim regulations (the "Nonresidential Interim Regulations"), WHEREAS, the Nonresidential Interim Regulations established, among other things, a Zoning Plan requirement in the event of a request to rezone property, and WHEREAS, SENTCorp, on behalf of Mortenson Broadcasting Co, has submitted a Zoning Plan under both the Residential Interim Regulations and Nonresidential Interim Regulations, a copy of which is attached hereto as Exhibit `B", for 19 59 acres of land located at the northeast side of the intersection of Ryan Road and Teasley Lane currently zoned Agricultural (A), with the intent to develop a single-family residential subdivision as well as neighborhood service retail, and WHEREAS, on November 8, 2000, the Planning and Zoning Commission recommended approval of a Zoning Plan for such 19 59 acres, and WHEREAS, the City Council finds that the Zoning Plan, with the conditions imposed herein, if any, meets the requirements of the Residential Interim Regulations and the Nonresidential Interim Regulations and is consistent with the approved 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS 5 Wur O umen"W(neoc WI9 P "9 ONin d SECTION 1 The zoning district classification and use designation of the 19 59 acre property described in the legal description attached hereto and incorporated herein as Exhibit "A" is changed from Agricultural (A) zoning district classification and use designation to Planned Development (PD) zoning district classification and use designation and a Zoning Plan for the 19 59 acres is adopted, said Zoning Plan being attached hereto and incorporated herein as Exhibit "B" for all purposes, subject to the following conditions Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb surrounding residential property or to shine and project upward to prevent the diffusion into the night sky 2 Uses allowed in the Neighborhood Service section shall be limited to the list shown in Exhibit "C" 3 The Project Plan must provide for pedestrian and vehicular connectivity between the proposed neighborhood service and residential uses 4 Architectural design in the neighborhood service area shall be compatible to that of the residential area and shall incorporate Urban Design Principles as identified in The Denton Plan 5 Open space shall be privately owned and maintained 6 Pole signage shall be prohibited SECTION 2 The City's official zoning map is amended to show the change in zoning district classification SECTION 3 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 5 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, 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 Q IGIC 2001 &Ad- EULINE BROCK, MAYOR PAGE S wur oowmmwWNnnxafwVZP�aaL09 UNneuw Gw ATTEST JENNIFER WALTERS, CITY SECRETARY BY APP VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY o PAGE EXHIBIT A 19 594 ACRES FIELD NOTES to all that certam tract of land situated in the Benjamin Lewis Survey Abstract Number 769, the E Pickett Survey Abstract Number 1018, and the Jeremiah Fisher Survey Abstract Number 421, in Denton County, Texas and being all of the called 19 571 acre tract as described in the deed from Heftel Broadcasting Texas, L P to Mortenson Broadcasting Company of Canton recorded under Clerk's File Number 97- R0055904 of the Real Property Records of Denton County, Texas, the subject tract being more particularly described as follows BEGINNING for the Southwest comer of the tract being described herein at a 1/2 inch iron rod set for the Southwest corner of the said 19 571 acre tract and the Northwest comer of Lakewood Estates as shown by the plat thereof recorded in Cabinet C, Page 193 of the Plat Records of Denton County, Texas in the Northeast line of F M 2181, THENCE with the East right-of-way of F M 2181 along the arc of a curve to the left having a radius of 1,477,39 feet, an arc length of 7 52 feet (chord bearing North 34 Degrees 18 Minutes 28 Seconds West a distance of 7 52 feet) to the end of the said curve from which a right-of-way monument bears North 39 Degrees 12 Minutes 11 Seconds West a distance of 142 feet, THENCE North 34 Degrees 27 Minutes 13 Seconds West with the Northeast line of F M 2191 and the West line of the 19 571 acre tract a distance of 662 70 feet to a 1/2 inch iron rod set for the Northwest comer thereof and the Southwest comer of CITE Addition as shown by the plat thereof recorded in Cabinet M, Page 116 of the Plat Records of Denton County, Texas, - THENCE North 71 Degrees 09 Minutes 15 Seconds East with the South tine of GTE Addition part of the way passing at a distance of 29189 feet a 3/8 inch iron rod found at the Southeast corner thereof and the Southwest comer of Lot 4, Block D. Summit Oaks Addition, Phase 1 as shown by the plat thereof recorded in Cabinet P, Page 163 & 164 of the Plat Records of Denton County, Texas and continuing, in all, a total distance of 845 67 feet to a 1/2 inch iron rod found at the South corner of Lot 13, Block D and a reentrant comer of the 19 571 acre tract, THENCE North 12 Degrees 38 Minutes 33 Seconds East with the East line of Block D, Summit Oaks Addition and the West line of the 19 571 acre tract a distance of 309 60 feet to a 112 inch iron rod found at the Northwest corner thereof, THENCE North 88 Degrees 55 Minutes 17 Seconds East with the North line of the 19 571 acre tract a distance of 387 97 feet to a fence comer post at the Northeast comer thereof, THENCE South 00 Degrees 23 Minutes 46 Seconds East along a fence with the East line of the 19 571 acre tract a distance of 98135 feet to a 5/8 inch iron rod found at the Southeast comer thereof in the North line of the said Block 1, Lakewood Estates, THENCE South 89 Degrees 58 Minutes 13 Seconds West along a fence with the North line of Block 1, Lakewood Estates and the South line of the 19 571 acre tract a distance of 623 50 feat to a 1/2 inch iron rod found at a reentrant corner thereof and the Northerly Northwest corner of Block 1, Lakewood Estates, THENCE South 01 Degrees 18 Minutes 59 Seconds West along a fence with the West line of Block 1, Lakewood Estates and the East line of the 19 571 acre tract a distance of 140 66 feet to a 1/2 inch iron rod found at the Southerly Southeast comer thereof and a salient comer of Block 1, Lakewood Estates, THENCE South 88 Degrees 32 Minutes 01 Seconds West along a fence with the South line of Block 1, Lakewood Estates and the South line of the 19 571 acre tract a distance of 24145 feet to the PLACE OF BEGINNING and enclosing 19 594 acres of land I�ecar a Ilanwu IZF`� ` i m EXHIBIT B #oH i11� ��' rFFFI-1 r ty ✓.. Frrrrrrrr FrFFr Y .rrrrrr rFrrrrTFr o Y r I ( e a rrrrrrrFFrrr rrrrrrrrrrrF, rrr rrr y^rrrrrr�rrr -- + [ 1( ! i 1 I r rl i 1 t i i .'i/� rrFr rr�FFFrrF ,, rrrrr rrr � rrrrr ��i rrrrFrr- rrrrrr � 'rrr rP I rrrrrr � (' ° ✓ rFT'�FFrrFr FFFF rr FFFf rr +' A rrrrrrrrrvrrrrrrrrr It ( Hill ( it a+(�r� r rrrrrrrrrrrrrrrrr �P° �� ep[ i [ A r'nrTnrrrrrrrrrrr pa ( yyi r / rr""'Irrrrrrrr mJe }4 6 `h F 1j 1 1 I rrrrrrrrrrrrr 1 } rfln'rrFrrFll rrj 11t 1 j �i�1{� it li is t r '`Y D� rrrrr' t � � \\iv r I r,l�� #„ ill, rlit ! d 111+ r r r r n ; 11 1��{{ 11 B 1� :i i➢I i 11 1i li if {i tiliii �(11 I .eeam i IG i i of + F !I +i" i�lfi'ii - ' ° a r e (Ia r ii r GNIMNEY rypGKOPM1E + F y ;r a KMY Dnn£ toddddd� c Ec is i 1 �qnk Ax �� t! m� [ �.� � iS, it Jill! �5� d )Fi�" P r py f rlp ila lli ( F y pt� 1 ye§y �p}I[fy�L ire Y Gee 1 i $b�"� QQ�P-01 € �I �wl.-��+' <*%r•.;y/ -.4 i�„ f' � � aG � P' � • Lr v ti ! I E iPi g di i• a i r$ 19 57 Ac Teasley Tract ZONING PUN E n g i n e e r s o o O n FNemi *..I.ri.. Texas, r�y $ G OFD6Nrg1 T'yDIDf gN EXHIBIT C ZP-00-009 List of Permitted Uses in Neighborhood Service Retail Area Art Gallery of Museum Church or Rectory Institution of Religious or Philanthropic Nature Park, Playground or Public Community Center Telephone, business office Antique Shop Bakery or Confectionery Shop (Retail) Cleaning and Pressing Small Shop and Pickup Custom Personal Service Shop Drapery, Needlework or Weaving Shop Florist or Garden Shop Handicraft Shop Laundry or Cleaning, Self Service Offices, Professional and Administrative Restaurant Retail Stores and Shops 4,000 Square Feet or Less Studio for Photographer, Musician, Artist or Health