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HomeMy WebLinkAbout2001-150S wm Dncumm�eWNiopsaAOI�CAuom3 onfl ONInurcU Eoc ORDINANCE NO 01- IFO AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A COMPREHENSIVE PLAN AMENDMENT FOR 1316 ACRES LOCATED WITHIN NEIGHBORHOOD CENTER LAND USE DESIGNATION, TO CHANGE TO COMMUNITY MIXED USE CENTER LAND USE DESIGNATION, THE SUBJECT PROPERTY BEING LOCATED AT THE SOUTHWEST CORNER OF TEASLEY LANE AND RYAN ROAD, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE (CA- 00-002) WHEREAS, on December 7, 1999, the City Council pursuant to Ordinance No 99-439 adopted the 1999-2020 Denton Comprehensive Plan (the "Denton Plan"), WHEREAS, The Denton Plan established, among other things, a Comprehensive Plan amendment requirement in the event of a request for land uses that are inconsistent with the Denton Plan, and WHEREAS, on November 20, 2000, Jones and Carter, Inc, on behalf of The Archer Company, applied for an amendment to the Denton Plan to change land uses for 17 16 acres of land located on the southwest corner of Teasley Lane and Ryan Road as particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property'), from Neighborhood Centers land use designation to Community Mixed Use Center land use designation with the intent to develop a development that includes retail, restaurant, and office uses, and WHEREAS, on March 14, 2001, the Planning and Zoning Commission recommended denial of the requested amendment to the Denton Plan, WHEREAS, on March 16, 2001, Jones and Carter, Inc formally appealed the decision of the Planning and Zoning Commission to the City Council, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Denton Plan is hereby amended to change the land use designation for the Property from Neighborhood Center to Community Mixed Use Center The City Council finds that this Comprehensive Plan amendment is in the public interest SECTION 2 City Staff is directed to change the land use map in the Denton Plan to reflect this amendment SECTION 3 If any provision or the application thereof of any provision of this ordinance to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable s wm xwcummwwwnmouwiwn oomx Oren o,Nnerca am SECTION 4 This ordinance shall become effective immediately from and after its passage PASSED AND APPROVED this the �� day oppf 2001 CSL/Ck— EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY 4 �)/17 /&20 APP OVED AS TO LEGAL FORM HERBERT L PROUTY, CITE' ATTORNEY PAGE 2 �Mf EXHIBIT "A" All that certain tract or parcel of land situated in the Eli Pickett survey, Abstract No. Sole, Denton County, Texas, being part of a (called) 117.5 acre tract in a deed from Cover C. Stuart to J.T. Stuart on the 21st day of January, 1930, as recorded in Volume (called) 31.027Dead acreRtacts described said Cin to Deed fromgall of a B. Thomas McElroy to Mrs. Marcia Stuart Savage and Robert Mack Stuart on the iorRecordsyofEsaid county, and beingrecdmoreed nfully describedVolume o769gas5£ollowsa BEGINNING at a steel pin on the North line of said 117.5 acre tract and of said Pickett Survey about the middle of Ryan Road ad the Northeast c oint i 3S.84 feet Easteof the Northwest tract out Of aid 7 .5 acre tract at a p corner of said tract and of said Survey; line f said acreCt acttand aid Survey ,in Ryan ast iR ad a distath the nce ofo11013.11feet to a corner on the West Right-of-way of Farm to Market Road 21811 THENCE South 33 deg. 49' 4511 East with said Right -of -Way a distance of 85.28 feet to the beginning of a curve, THENCE Southerly with said Right -of -Way around a curve to the right, having acentral angle of 32 deg. 24' and 0011 a chord of South 17 deg. 37' 4511 Bait, a distance of 774.09 feet, a radius of 1381.3 feet and an arc length of 764,50 feet to a Right -of -Way poet at the end of said curve, with sd Right -of -Way 94.5 eet THNCE at the Northeast; corner of a se 103 acre tract f tractoff the South end of said 117.5 acre tract; THENCE South 89 deg. 53' West, a distance of 1299 88 feet to a steel pin at the Southeast corner of said 28.171 acre tract; THENCE North 00 deg. 07, 4411 Wee1t, 1100.57 feet to the PLACE OF BEGINNING, and containing in all 31.0154 acres of land, there being 0 6559 acre within Ryan Road, leaving a net Of 30.3595 acres of land. SAVE AND EXCEPT the following described 17.2027 acres of land: BEING a tract of land ohualed In the Ell Pickett Survey, Abstract No 101E, in Denton County, Vexes: being a pan of that eensln 31.017 AV$ tract described In deed to Golden Triangle Joint Venture recorded In Volume 2440. Page 94 Deed Records Denton County, Texas, which Is a pan of a 117.5 acre tract described In deed to J.T. Stuart recorded In Volume 225, Page 525. Dead Rewrds, Denton County, Texas and being mors particularly described by malts and bounds as 1011ow3• BEGINNING at a P.K nail In Ryan Road, being the Northwest corns? of sold 31.01T acre tract. a re-entrant comer of that certain 56 671 acre tract doscAbod In deed to Lakewood west Joint Venture, recotdod In Volume 2T41. page 687. Deed Records, Denton County. Texas, said P.K nail lying on the North line of said Picket Survey and the South One or the J, Fisher Survey. Abstract No 421, by deed call 1015 M feel East from the Northwest comer of said 117.3 fore tract; from slid P.K. another boors North 00 degrees 45 minutes East, 6 20 lest Continued on next page EXHIBIT "A" - Page Two Road, alon an THENCE North North .Sgt. hline of said 31 017 sus nc1, along a South lineyof s:id 55,157 f the tract and with said survey rime a distance of 500.01 fast to a P.K. nall from which another bears North 00 degrees 2g minutes Weal, 2.60 feel' THENCE asing aWTN1griot04 ineoyd*bout ea7ft C4 n he South lf Ryan Road, at eato a Sill inch HuiB•xOUVO capped $last rod. THENCE South 89 degrees 57 mimics 16 seconds East, a drsianea of 703,54 feet to a Sl8 inch steel rod. 2.3 fast East of a wire lane* on the West RO W. line of F,M. Highway No. 2181 to g0 foot Ydds ILO W ); THENCE South st, with the Wal R O.W, fine of said 0highw y and 1 degrees 6the East 6ne osaid 31s 2`1 sends e017 acre tract, a dlaa on of 250 00 feel to a 5r6 Inch steel fed 1.3 feel East of a wood lence comer, being the Southwest comer of sold 31 017 acre tract and the Northeast Comer of that certain tract described In deed to Richard 0. Stewart recorded In Volume 76g, Page 6S3, Deed Records, Dontan County. Texas; THENCE North 89 degrees 57 minuu4 18 seconds West, generally with a wire lanes, and with the common Inc between said Stewart tract and said 31.017 ewe tract, a distance of 1,209.44 fast to a SA inch Hu111•Zollars capped steel rod, 1.6 last North of sold fence. botng the Southwest comer of said 31.017 acre Vast and the Southeast comer of that certain tract described in deed to Richard A. Gray, Jr, recorded In Volume 1531, Page 224. Mad Records, Oenton County, Texas, from sold S10 Inch capped rod, a 618 inch steal rod been South 47 degrees 46 minutes Weal, 2 35 feel; THENCE North 00 degrees 04 minutes 34 seconds evil, Wth the common boundary rime between sold Grey tract and said 31.017 awe tract, at 663,82 feet a sit Inch steel rod for the most Easterly Northeast comer of said Gray tract, and the most Southerly Southeast corner of the before mentioned 58 671 awe 1ra1g, continuing with an East Una of said 58,871 acre tract, generally with a chain link Rance. In ell 1,100 03 feel to the POINT OF BEGINNING and eontalning 17.2027 Acres of Land, 0 EXHIBIT B 1002 02 Zd: )ancsua4audwoo\uojua0\1NnH\OVO\ P PROPOSED AMENDMENT TO THE DENTON COMPREHENSIVE PLAN FOR THE TEASLEY COMMONS PROJECT (Teasley Lane and Ryan Road) JUSTIFICATION STATEMENT The proposed project includes the construction of a neighborhood grocery store and adjacent retail uses including such tenants as a video store, hair salon, dry cleaners, small restaurants, etc Pad site uses are proposed to include automobile fuel facilities, restaurant (with drive thru), and a neighborhood bank as examples This type of facility is needed to serve the south Denton area as the city continues to grow Currently the nearest grocery anchored retail centers are located along I-35B to the north of the high growth areas Grocery retailers find that a major interstate is a considerable physical bamer to the market area of a store, thus the grocery store north of I-35E is not believed to be serving a major portion of the south Denton area. The one grocery anchored center located at the southeast corner of I-35E and Lillian Miller Parkway is providing the majority of the neighborhood shopping opportunities to the south Denton residents Based on growth projections for the south Denton area between I- 35E and Fort Worth Drive (U.S 377), the Teasley Lane Corridor is the ideal area for neighborhood shopping for the current and future residents of the area The project site is located along the heart of this corridor The project site is located at the current limit of the developed portion of Denton and will be centrally located upon further build out of the area A portion of the site is currently zoned for neighborhood commercial and has been planned as such for several years The primary deviation of this project from the commercial development originally planned (as indicated by the zoning) is the provision of a grocery store and restaurant with a drive thm COMPATIBIL]TY The architecture of this center will complement and enhance the overall quality of the Teasley corridor by using 75% masonry construction with stone accents placed in a well landscaped site The center is proposed to be screened from the adjacent residential development by an 8-foot masonry wall with adjacent landscaping, and all rear lighting will be directional to avoid glare on the neighbors We propose to limit delivery hours to mitigate noise affects, working in conjunction with the screen wall and landscaping to reduce noise propagation Customer traffic will be buffered from adjacent residents by theproposed buildings and the pad use nearest -the homes is proposed to be a bank or similar facility with limited customer hours WATER The proposed development is bounded on the east by Teasley Lane (F M 2181), on the Korth by Ryan Road and on the south and west by Hickory Creek Heights Currently, Teasley Lane contains one eighteen-mch (18") waterline, which City officials have indicated will provide sufficient capacity and pressure for the site JAN 0 3 2001 -P&D_ JONES & CARTER, INC SANITARY SEWER Sanitary sewer service will be obtained through on existing eight -inch line that runs along the northern edge of Ryan Road City officials, and calculations indicate that the existing sanitary sewer system has adequate capacity to accommodate the proposed development STORM SEWER There is a significant amount of off site drainage which traverses this site All off site flow will be accommodated in the design of the on site storm sewer system Also, preliminary calculations indicate that the existing downstream storm sewer system may be inadequate to hadle the existing flow, much less the proposed developed flow. The storm sewer outfall will be upgraded accordingly to handle both the existing off site and proposed on site 100-year flow. FRANCHISE UTILITIES Electric The proposed development currently lies within the service area of two electncal service providers (a) Denton Municipal Electric and (b) TXU Electric and Gas Existing overhead electric lines are present along the northem edge of Ryan Road In conjunction with the plaiting and development of this property, Denton Municipal Electric will require the dedication of two electrical distribution easements Along the eastem property line, a twenty -foot (20') easement will be dedicated Along the northem property line, an eight -foot (8') easement will be dedicated Due to the abundance of electrical distribution facilities in this area, the proposed development will be provided with adequate electrical service Gas In conversations with the local service provider, TXU Electric and Gas, it was indicated that gas service would be extended to this site upon the developer's request Telecommunications The proposed development is bounded on the north by GTE telecommunications infrastructure These facilities are located along the south of Ryan Road After some discussion with a service representative, it is clear that GTE will provide adequate telecommunications service ZONING The property is currently zoned as a planned development with proposed commercial and multi- family residential use The proposed zoning is commercial Commercial zoning will allow for mixed use, which will compliment certain goals outlined in the Denton Plan, such as reduced sprawling by infill of vacant land adjacent to, developed land, balance between commerciab and residential land use, provision of convenient shopping for goods and services to multiple neighborhoods, and provision of high quality, high demand services in a needed area — LAND USE In accordance with development codes and to conform with the adjacent neighborhood, all strictures within the proposed development will have elevations composed of a minimum of 75% masonry. Elevation views are provided for a visual perspective Structures will be situated to maximize visibility from the streets and minimize unpleasant views from adjacent properties Lighting will be directional to reduce glare onto adjacent homes All relevant architectural codes will be followed, and neighborhood concurrence with architectuml design will be established prior to construction JONES & CARTER, INC VARIANCE REQUESTS Two variances will be requested for development of this site A variance to permit a 58,000 square foot anchor tenant (current maximum is 55,000 sf) will be proposed A variance for use of drive-thru facilities for pad site restaurants will also be requested ENVIRONMENTAL REPORT Rased on a Phase I Environmental Assessment (report provided), there are no environmentally sensitive issues regarding this site There is one large live oak tree which will be saved and utilized as a visual focal point Remaining willows and underbrush which have developed around drainage ways will be cleared CONNECTIVITY REPORT Access to the site will be obtained from one primary entrance and one secondary entrance off of Ryan Road and two primary entrances and one secondary entrance off of Teasley Lane The secondary entrances will be used primarily for delivery of goods and will be lunited to time of use A traffic impact analysis indicating proposed traffic counts at the entrances is provided JONES 8c CARTER, INC