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ORDINANCE NO aMO- /g
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM PLANNED DEVELOPMENT (PD-16) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION TO NEIGHBORHOOD SERVICE (NS) WITH CONDITIONS
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY
8 3 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF TEASLEY LANE AND
TEASLEY LANE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE (Z-00-03)
WHEREAS, The City of Denton initiated a change in zoning for 8 3 acres of land from
Planned Development (PD-16) zoning distract classification and use designation to Neighborhood
Service (NS) with conditions zoning district classification and use designation, and
WHEREAS, on March 22, 2000, the Planning and Zoning Commission concluded a public
hearing as required by law, after which a motion to recommend approval of the requested change
in zoning failed, and
WHEREAS, the City Council finds that the conditions imposed by this ordinance are in the
public interest, and
WHEREAS, the City Council finds that the change in zoning is consistent with the
Comprehensive Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The zoning district classification and use designation of the 8 3 acre property
described in the legal description attached hereto and incorporated herein as Exhibit A is changed
from Planned Development (PD-16) zoning district classification and use designation to
Neighborhood Services (NS) zoning district classification and use designation under the
comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions
The permitted land uses are restricted to those described in the list attached hereto and
incorporated herein by reference as Exhibit B, some of which require a specific use permit
as shown on Exhibit B
The maximum building gross floor area shall be 86,200 square feet, with no individual
structure to exceed 80,200 square feet Total gross floor area devoted to professional and
administrative offices shall be no less than 40,000 square feet No individual business shall
exceed 4,000 square feet of gross floor area, except professional and administrative offices,
which may not exceed 10,000 square feet per individual business
Architectural standards include the following
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a Maximum building height shall not exceed 40 feet above existing grade
b All buildings shall have no less than a 6/12 roof pitch and composition shingles
c Exterior building material shall be 100% brick or masonry
The sale of alcohol, tobacco and firearms are prohibited Video arcades, tattoo parlors, head
shops, or land uses employing outdoor speakers are also prohibited
No retail customers shall be allowed on the property from 1 OPM to 7AM
A continuous 50-feet wide bufferyard along the entire length of the western site boundary
shall be maintained at all times A masonry screening wall shall be constructed along the
easternmost edge of the bufferyard, at a height of 8 feet above finished grade Evergreen
trees and shrubs shall be installed on the west side of the screening wall and shall be a part
of the landscape plan The design and materials used for the screening wall, and the
landscape plan shall be provided and approved prior to the issuance of a building permit
Any service delivery areas shall be screened from public nghts-of-way Storage areas shall
be contained within buildings
A maximum of three curb cuts shall be allowed in accordance with City of Denton
subdivision regulations, one on the north boundary, one on the east boundary, and one on the
south boundary connecting to the existing access easement If the west boundary curb cut
is installed, access restrictions shall be established to prevent traffic circulation into the
school property to the west
9 No pole signs shall be allowed
10 In addition to the above conditions the standards for Project Plan approval, as per Ordinance
No 2000-069, shall be satisfied prior to application for building permit The project plan
shall also address all site conditions that are required by the above conditions In addition,
the project plan shall also address pedestrian access and safety adjacent to and through the
project site, signage, lighting, parking lot screening, location of service areas, loading areas,
and dumpsters in relation to the adjacent school and vehicular access to the site
SECTION 2 The City's official zoning map is amended to show the change in zoning
district classification
SECTION 3 If any provision of this ordinance or the application thereof 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 tlus end the provisions of this ordinance are severable
SECTION 4 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
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SEC1ION 5 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-Chromcle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage ��yy
PASSED AND APPROVED this the � day of 2000
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY/ATTORNEY
BY /
EULINE BROCK, MAYOR
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EXHIBIT A
8 294 ACRES OF LAND
FIELD NOTES to all that certain tract of land situated in the C Poullalter Survey Abstract Number 1006 City of
Denton, Denton County, Texas and being all of the remainder of the called 9 212 acre Tract I and all of the called
1962 acre Tract II described in the deed from Alexander Management to E Alexander recorded under C F N 97-
R0002632 of the Real Property Records of Denton County, Texas, the subject tract being more particularly
described as follows
BEGINNING for the Northeast corner of the tract being described herem, at the Northeast comer of the said Tract II
at the intersection of the South line of Teasley Lane with the West line of Lillian Miller Parkway, same being the
Northeast corner of the called 1962 acre tract described in the deed from City of Denton to First Republic Bank of
Dallas recorded in Volume 2978, Page 380 of the Deed Records of Denton County, Texas,
THENCE South 01 Degrees 03 Minutes 39 Seconds East with the West line of Lillian Miller Parkway and the East
line of the said 1962 acre First Republic Bank Tract a distance of 573 66 feet to a to a 1/2 inch iron and set at the
most Southerly comer of the said tract in the Southwest right-of-way of FM 2181 as described in the deed from
R M Evers to the State of Texas recorded in Volume 400, Page 334 of the said Deed Records and also being the
Northeast line of the said Tract I,
THENCE Southeasterly along the arc of a curve to the right with the Southwest right-of-way of F M 2181, having a
radius of 67177 feet, an arc length of 79 45 (chord bearing South 04 Degrees 32 Minutes 44 Seconds East a distance
of 79 41 feet) to a '/z mch iron rod set in the East line of the said Tract I at the end of a curve,
THENCE South 01 Degrees 09 Minutes 07 Seconds East continuing with the said right-of-way a distance of 42 33
feet to the Northeast corner of the tract of land described in the deed from N C N B National Bank to the City of
Denton as recorded in Volume 2978, Page 9090 of the said Real Property Records,
THENCE South 88 Degrees 44 Minutes 10 Seconds West with the North line of the City of Denton tract and the
RN W Addition as shown by the plat thereof recorded in Cabinet H page 338 of the Plat Records of Denton
County, Texas a distance of 492 58 feet to a''/a inch iron rod found at the Northwest corner thereof in the East line of
a called 15 000 acre tract of land described in the deed from Henry S Miller Cc , to Denton Independent School
District recorded in Volume 979, page 174 of the Deed Records of Denton County, Texas,
THENCE with the East line of the said DISD tract and the West line of Tract one the following three calls
1 North 01 Degrees 16 Minutes 40 Seconds West a distance of 254 28 feet to a '/2 inch iron rod
found,
2 North 24 Degrees 29 Minutes 26 Seconds West a distance of 126 27 feet to a '/2 inch iron rod set,
3 North 00 Degrees 51 Minutes 22 Seconds West a distance of 332 10 feet to a''/s inch iron rod set at
the Northeast comer of the DISD tract in the Southwest right-of-way of F M 2181,
THENCE with the said Right of Way and the North line of Tract I along the arc of a curve to the right having a
radius of 67177, an arc length of 79 45 (chord bearing South 04 Degrees 32 Minutes 44 Seconds East a distance of
79 41 feet) to iron rod set for the West comer of the said 1962 acre First Republic Bank tract,
THENCE North 70 Degrees 09 Minutes 13 Seconds East with the North line of the 1962 acre First Republic Bank
tract and the South line of Teasley Lane a distance of 62 15 feet to a %: inch iron rod set at an angle point therem,
THENCE South 89 Degrees 48 Minutes 05 Seconds East continuing with the North line of the 1962 acre First
Republic Bank tract and the South line of Teasley Lane a distance of 413 93 feet to the PLACE OF BEGINNING
an enclosmg 8 294 acres of land,
8 Our OowmemP.OrNneooa\OPZ00.o0) 9il bli B J
Exhibit B
Land uses shall be limited to only the following uses that are permitted in Neighborhood Service
(NS) zomng district classification as set forth Section 35-77 of the Code of Ordinances of the
City of Denton, Texas (all other uses listed in Section 35-77 under the Neighborhood Service
(NS) zoning district classification shall not be permitted)
a Art Gallery or Museum
b Church Or Rectory
c Community Center (Public)
d Institution Of Religious Or Philanthropic Nature
e Park, Playground Or Public Community Center
f Swimming Pool (Private)
g Telephone, Business Office
h Park Or Playground (Public)
i Antique Shop (with a Specific Use Permit)
j Bakery Or Confectionery Shop (Retail)
k Cleaning And Pressing Small Shop And Pickup
1 Custom Personal Service Shop
in Drapery, Needlework Or Weaving Shop
n Florist Or Garden Shop
o Handicraft Shop
p Laundry Or Cleaning, Self Service
q Offices, Professional & Administrative
r Restaurant (with a Specific Use Permit)
s Retail Stores & Shops 4,000 Square Feet Or Less
t Studio for Photographer, Musician, Artist Or Health