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Home My WebLink About2001-1515 bur OxumenwbWu new =P O 17 Omfi Ordn,nee E¢ ORDINANCE NO ap��_45� AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 85- 68 TO PROVIDE FOR A ZONING CHANGE AND ZONING PLAN FOR 13 16 ACRES LOCATED WITHIN THE PLANNED DEVELOPMENT 93 (PD-93) ZONING DISTRICT TO ALLOW FOR A RETAIL SHOPPING CENTER, THE SUBJECT PROPERTY BEING LOCATED AT THE SOUTHWEST CORNER OF TEASLEY ROAD AND RYAN ROAD, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (ZP-00-017) WHEREAS, on April 4, 1985, by Ordinance 85-68, the City Council approved a change in zoning for 30 36 acres of land to Planned Development 93 (PD-93) Zoning District, and WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-069 which established certain nonresidential interim regulations (the "Nonresidential Interim Regulations"), and 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 November 11, 2000, Jones and Carter, Inc, on behalf of The Archer Company, submitted a request to rezone and a Zoning Plan under the Nonresidential Interim Regulations, a copy of which is attached hereto as Exhibit "A", for 13 16 acres of land within Planned Development 93 with the intent to amend the existing PD to allow the development of a retail shopping center, and WHEREAS, on March 14, 2001, the Planning and Zoning Commission recommended denial of the request to rezone and the Zoning Plan for such 13 16 acres, and WHEREAS, on March 16, 2001, Jones and Carter, Inc formally appealed the decision of the Planning and Zoning Commission to the City Council, with the full understanding that a three -fourths vote of the City Council will be required to approve the zoning change and Zoning Plan, and WHEREAS, the City Council finds that the Zoning Plan, with the conditions imposed herein, ifasiy, meets the requirements of 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 S CTION 1 Ordinance No 85-68, providing for the creation of the Planned Develop ent 93 (PD-93) Zoning District Classification and Use Designation for the property describe as PD-12 is amended by approving the Zoning Plan attached hereto and incorporated herein by reference as Exhibit B for 13 16 acres located within PD-12, more particularly S bur Uofl 0r an G described by the legal description attached hereto and incorporated herein by reference as Exhibit A (the "Property"), subject to the following conditions All conditions set forth on the Zoning Plan 2 Uses on the Property shall be restricted to the uses shown on the Zoning Plan 3 Driveways shall be limited to two on Teasley Lane, one lining up with the Lakewood Estates Driveway and the other closer to Teasley Lane but at least 250 feet from the corner, and one Drive on Ryan Road at least 400 feet from the corner of Teasley Lane 4 Right turn lane at the northern most driveway on Teasley Lane with a median on Teasley Lane preventing left turns at that driveway Median should extend from Ryan Road to past the drive, with paint striping and/or buttoning north of Ryan Road for transition/directional purposes 5 Reconstruction of Ryan Road across the frontage for two lane being one half of a four lane divided road with median opening and left and right turn lanes at the driveway Eight inch minimum pavement thickness 6 Left and Right turn lanes, on Teasley Lane, at the southern most driveway on Teasley Lane 7 The traffic study shall determine the impact of the proposed development on Teasley Lane and Ryan Road, and the adjacent single-family neighborhood, and shall identify mitigation measures to be shown as part of the Project Plan, needed to prevent deterioration of Levels of Service The traffic study shall be related to previous studies conducted by the consultant hired by the City of Denton Conditions 3 through 6 above may be revised and be included, as revised, with the Project/Detailed Plan if the traffic study provided for in this condition No 7 indicates a need for such revisions 8 The design of the development shall be pedestrian oriented 9 One structure on the site shall be allowed up to 58,000 square feet in size All other structures shall not exceed 45,000 square feet in size 10 No dnve-thru restaurants shall be permitted 11 Drive -through facilities shall meet the following design criteria a There are no more than three drive -through lanes b It is built as an integral architectural element of the primary structure and use The materials are the same as those used in the primary structure and the drive - through facility is under the same rooflme of the primary structure Drive - PAGE 2 as through structures and facilities separate from the primary structure are prohibited c It is located to the rear or side of the structure and is not viewable from any arterial, collector or avenue d It is buffered on the rear and side lot lines 12 To ensure the design is compatible to the adjacent residential subdivision, section elevations, through the site from the adjacent road network into the adjacent single- family subdivision, shall be submitted for review at the time a project/detailed plan is submitted 13 Truck deliveries shall not be allowed between 10 00 p in and 6 00 a in 14 An 8 foot masonry wall shall be constructed along the south and west side of the Property 15 Signs shall be monument signs 16 Lighting 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 diffusion into the night sky A lighting plan shall be submitted by the applicant for review by City staff to ensure compliance with this condition 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 3Ad- day of�/� 2001 EULINE BROCK, MAYOR PAGE s w.. na.�e�una.aow.a.wnzrAoui � w.n ow�.�we a« ATTEST JENNIFER WALTERS, CITY SECRETARY BY44 APPR ED AS TO LEGAL FORM HERBERT L P&GWY, CITY ATTORNEY PAGE 4 f EXHIBIT "A" All that certain tract or parcel of land situated in the Eli Pickett Survey, Abstract No. 1oia, 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 of said all of a (called)e31.027 Dacre eed Rtract s describedCin ta�being and Deed fromB. Thomas McElroy to Mrs. Marcia Stuart Savage and Robert Mack Stuart on the Volume 769 Records57, Deed yoffsaid ounty19and being dmore ed nfully described g405follows' BEGINNof 117.5 acre and of said Pickett survey tabout he rthe th lm eddl sofdtract Ryan Road an the Northeast tcorner of a 26.171 a Point i 3S.B4 feet Easteof the Northwest tract out Of aid 117.S corner tractatof said tract and of said Survey; THENCE North 89 deg. 42' 491, East with the North, line of said 117.5 ace tract feet tor corner aon the West rRight-of-way in Ryan Road of Farm tto Market ance of O1 Road2181) THENCE South 33 deg 49, 45j, East with said Right -of -Way a distance of 85.26 feet to the beginning of a curve, THENCE Southerly with said Right -of -Way around a curve to the right, having a central angle of 32 deg. 24, and 0011 a chord of Sout1387h31feetgand an4'arc Saito I 4.09 feet, a radius of length of 84 50 fee to a Right -of -Way post at the end of said curve, with said 94.5 eet to£aCsteeltpinl atethe Northeast orner of a Right-Of-way 5e 103 acre 2f tract Off the South end of said 117.5 acre tract; fast steelSpinuat the Southeast corner oflsaid 26.171stance of 2acre 8to a tract? THENCE North 00 deg. 07' 4411 West, 110O,S7 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 $Rusted In the EII Pickett Survey, Abstract No 1010, In Denton County, Texas; being a pin of that certain 31.017 sire tract described In dead to Golden Triangle Joint Venture recorded In Volume 2440. Pegs 94 Deed Records Denton County, Texas, which Is a pan of a 117,5 sere tract desuibed In deed to J.T. Stuart recorded In Volume 225, Page 626. Deed Records, Donlon County. Texas and being Mors particularly described by male and bounds as follows• BEGINNING at a PA nail in Ryan Road, losing the Northwest coma? of sold 31.017 eve tract, a re-entrent tamer or that certain 5e 671 acre tract described In deed to Lokawood Weil Joint Venture, recorded In Volume 2741. page 607, Deed Records, Denton County, Texas, said PA, nul lying on the North line of said Pickett Surrey and the South One or the J. Fisher Survey. Abstract No 421, by deed call W35 04 foal East from the Northweel Bomar of said 117.6 awe trick from said PA another bears North 00 degrees 40 minutes Eau, 6.20 feet Continued on next page EXHIBIT "A" - Page Two THENCE North 89 degrees 57 minulas 00 seconds East, with Ryan Road, Stang the North line or saki 31,017 acre Iract. Slang a South fine of stid 58,671 sae tract and with said survey fine a distance of 500,01 I9e1to S PX ns111rom which another bears North 00 degrees 20 minutes West, 2.50 feel' THENCE South 00 degrees 04 minutes 34 seconds Well, at about 26 fiat crossing a wire lance on the South line of Ryan Road, in &1650.67 fact to a 64 inch Huin•Zollors gapped steal rod. THENCE South 89 degrees 57 minutes 76 seconds East, a dhlance of 703.54 feet to a 5181neh stool rod. 2.3 feat East of a wire fence on the West MOW. Eno of F,M. Highway No. 2181 (a DO foot v4de R.O W.); THENCE South 01 degrees 15 minutes 21 seconds East, with the Weal R O W. Ins of said highway and the East Inc of said 31 1117 acts truck, a distance or 260 08 fact to a 518 Inch steel rod 13 feet East of a wood fence comet, being the Southwest comer of sold 31,017 acts tract and the Northeast comer of that censin track described In deed to Richard 0. Stewart recorded In Volume 769, Page 653. Deed Records, Denton Ocunly. Texas; THENCE North 69 degrees 57 minutes 18 seconds West, generally with a wits (once, and whit the common Ene between said Stewart tract and said 31.017 care tract, a distance of 1,209.44 feet to a 5A inch Hu111•2011ars capped sleet rod, 1.61ee1 North of said fence, being The Southwest comer of said 31.017 acre tract and the Southeast comer of that certain tract described in deed to Richard A. Gray, Jr. recorded In Volume 1531, Page 224. Dead Records, Denton County, Texas; (tom sold b18 Inch capped rod, a 518 inch steel rod boars South 47 degrees 46 minulas Well, 2.35 feel, THENCE North 00 degrees 04 minutes 34 seconds East. With the common boundary Eno between said Gray tract and said 31,017 acre tract, it 663.62 feel a $18Inch sleet rod for the roast Esslsny Northeast comer of said Gray tract, and the most Southerly Southeast corner of the before menhoned 58 671 sue 1rael, continuing with an Exit Ions of said 55.671 acre tract, generally, with a chain link (once. In all 1,100 03 feel 10 the POINT OF BEGINNING and containing 17 2027 Asses of Land. 30 ai EXHIBIT B 4 m MIKiA53tl ANiY! )]qH fIIY3 S1HJv'N V33dJ tYL IAH C6 Od -- y 1002 {9 89 91 ( M 6MP 10-01-10-nay-uoz\uoluap\1NnH\OVO\ f