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Home My WebLink About1999-142P l HA RMUEP LWur WCNIIcoYWM114MeA9TZ 9B N9 PM<I do ORDINANCE NO 99-bM AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT (PD-41) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 34 047 ACRES OF LAND LOCATED ON THE WEST SIDE OF LOOP 288, APRX 485' NORTH OF THE T-INTERSECTION OF MORSE RD AND LOOP 288, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-98-049) WHEREAS, John Rainey, on behalf of Kent Key, has applied for a change in zoning for 34 047 acres of land from Planned Development (PD-41) zoning district classification and use designation to Commercial (C) zoning district classification and use designation, and WHEREAS, on October 28, 1998, the Planning and Zoning Commission recommended denial of the requested change in zoning, and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the zoning district classification and use designation of the 34 047 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from Planned Development (PD-41) zoning district classification and use designation to Commercial [C(c)] zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions 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 the diffusion into the night sky That the maximum allowable square footage be limited to 318,000 square feet (a floor area ratio of about 0 38 to 1), maintaining a traffic generation level at 11,130 trips per day based on the estimated trip generation for the proposed use 3 Access to Loop 288 would be limited to the proposed Collector Street 4 8 395 acres of Floodplain and 2 255 acres of Floodway, a total of 10 65 acres adjacent to the southern boundary of the tract, shall be dedicated as Open Space 5 Exterior building materials facing public streets shall be of masonry construction, with the exception of doors and windows 6 Maximum building height is five (5) stones 7 The permitted and restricted land uses allowed within the Commercial (C) zoning district shall be as listed in Exhibit B P\SHAREDWEPT LWue DouumaUWNI� 98 N9 PD<I Joo SECTION II That the City's official zoning map is amended to show the change in zoning district classification 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-Chromcle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the ,90 th day of —, 1999 JACI LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY A MOM WIDE -1 M/ APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE bF5fi0Rjjg1IP1ION: TRACT I EXHIBIT A All that certain tract or parcel of land situated in the MARY L. AUSTIN SURVEY, ABSTRACT NO. 4, Denton County, Texas. Being a part of a (called) 60.528 acre tract described in a Deed from Metroplex Equities, Inc., Trustee to U.S. Independent Companies, Trustee on the 24th day of August, 1983, recorded in Volume 1249, Page 195, Deed Records of Denton County, and being more fully described as follows: BEGINNING at the Northwest corner of said 60.528 acre tract on the North boundary line of the M.L. Austin Survey, Abstract 4; THENCE North 89 degrees 44'minutes 58 seconds East with the North boundary line of the M.L. Austin Survey along and near a fence a distance of 911.05 feet to an iron pin at the West Northwest corner of a 16.1605 acre tract described in a deed from U.S. Independent Companies, Trustee to U,S. Independent Companies, recorded in Volume 1249, Page 758, Deed Records of Denton County; THENCE South 01 degrees 15 minutes 00 seconds West a distance of 528.78 feet past an iron pin at the Southwest corner of said 16.1605 acre tract and continuing a total distance of 1148.21 feet to the middle of Pecan Creek; THENCE Westerly with the middle of Pecan Creek the Following 3 courses and distances; (1) South 65 degrees 36 minutes 16 seconds West a distance of 241.39 feet, (2) North 35 degrees 09 minutes 44 seconds West a distance of 233.98 feet, (3) North 83 degrees 22 minutes 25 seconds West a distance of 147.26 feet to a corner in said creek; THENCE North 83 degrees 45 minutes 36 seconds West with a fence a distance of 421.87 feet to a fence corner at the Southwest corner of said 60.528 acre tracts THENCE North 01 degree 58 minutes 52 seconds East along and near a fence a distance of 990.12 feet to the POINT OF BEGINNING and containing 22.8092 acres of land. TRACT II BEGINNING at an iron pin on the East boundary line of said 60.528 acre tract and on the West Right -of -Way of Highway Loop 288 at the Southeast corner of a certain 16.1605 acre tract described in a Deed from U.S. Independent Companies, Trustee to U.S. Independent Companies, recorded in Volume 1249, Page 758, Deed Records, Denton County; THENCE South 01 degree 15 minutes 01 second West with the West boundary line of Highway Loop 288, along and near a fence a distance of 60.96 feet to a Right -of -Way Post; THENCE South 09 degrees 45 minutes 57 seconds West with said Right -of -Way along and near a fence a distance of 200.2 feet to a Right -of -Way Post; THENCE South 01 degree 15 minutes 00 seconds West with said Right -of -Way along and near a fence a distance of 392.17 feet tc the Southeast corner of said 60.528 acre tract in the middle of Pecan Creek; THENCE Westerly with the middle of Pecan Creek the following 4 courses and distances: (1) North 87 degrees 30 minutes 47 seconds West a distance of 181.7 feet, LEGAL DESCRIPTION: ' GFM9206165 EXHIBIT A, page 2 (2) South 73 degrees 00 minutes 02 seconds West a distance of 209.64 feet, (3) South 84 degrees 23 minutes 22 seconds West a distance of 132.38 feet, (4) South 65 degrees 36 minutes 16 seconds West a distance of 237.89 feet for a corners THENCE North 01 degree 15 minutes 00 seconds East a distance of b19.43 feet to an iron pin; THENCE Northeasterly around a curve to the left having a central angle of 14 degrees 13 minutes 27 seconds, a chord of North 55 degrees 25 minutes 34 seconds East 90.39 feet, a Radius of 365.03 feet and an arc length of 90.62 feet to an iron pin; THENCE North 48 degrees 18 minutes 51 seconds East with the South boundary of said tract a distance of 72.04 feet: THENCE Easterly around a curve to the Right having a central angle of 42 degrees 56 minutes 09 seconds, a chord of North 69 degrees 46 minutes 56 seconds East 301.15 feet, a radius of 411.42 feet, and an arc length of 308.31 feet to an iron pin; THENCE South 88 degrees 45 minutes 00 seconds East with the South boundary line of said 16.1605 acre tract a distance of 350.0 feet to the POINT OF BEGINNING and containing 11.2380 acres of land, more or less. . 1 EXHIAIT B ,, �1 zga BIC" Commercial District Primary Residential Uses One Family Dwelling Restricted Community Unit Development Dormitory, Boarding or Rooming House Hotel or Motel Art Gallery or Museum Cemetery or Mausoleum church or Rectory College or University or Private School Community Center (Public) Day Camp Day Nursery or Kindergarten School Group Homes Halfway House Home for Care of Alcoholic, Narcotic Hospital (General Acute Care) Hospital (Chronic Care) or Psychiatric Patients' Institutions of Religious or Philanthropic Nature Public Library Monastery or Convent Nursing Home or Residence Home for Aged Occasional Sales Park, Playground or Public Community center School, Private Primary or secondary school, Public or Denominational School, Business or Trade Accessory Building community Center (Private) Electrical Substation Electrical Transmission Line Temporary Field or Construction Office (Subject to Approval and Control by Building Inspector) Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station HomelOccupation Off Street Parking Incidental to Main Use Off Street Remote Parking Public Building, Shop, Yard of Local, State or Federal Government Radio and/or Television Microwave Tower Sewage Pumping Station Private swimming Pool Telephone, Business Office Telephone Line and Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Water Treatment Plant Recreational and Entertainment Uses Amusement, Commercial (Outdoor) Amusement, Commercial (Indoor) Country Club (Private) with Golf Course >Dance Hall or Night Club Fairground or Exhibition Area Public Golf Course Commercial Golf Course Public Park or Playground Public Play field or Stadium Rodeo Grounds Roller or Ice Skating Rink Stable, Private Club Stable, Commercial Rental Stable, Boarding Swim or Tennis Club Theater, Drive-in Theater, Other than Drive-in Type Transportation Related Uses Airport Landing Field or Heliport Bus Station or Terminal Hauling or Storage Company Motor Freight Terminal '_'Railroad Freight Terminal ?Railroad Passenger Station -':"'Railroad Track or Right -of -Way Railroad Team Track Truck Parking Lot Commercial Parking Lot or Structure Automobile Service Uses Auto Laundry Auto Painting and Body Repair Auto Sales and Repair (In Building) Gasoline Service Station New Auto Parts Sales Stores New or Used Car Sales Lot (In Open) Seat Cover and Muffler Installation Shop Tire Retreading or Capping Used Auto Parts Sales (In Building) Retail and Service Type Uses Antique Shop Bakery or Confectionery Shop (Retail) Cafeteria Cleaning and Pressing small Shop and Pickup Custom Personal Service Shop Drapery, Needlework or Weaving Shop Florist or Garden Shop Greenhouse or Plant Nursery (Retail) Handicraft Shop Household Appliance Service and Repair Laundry or Cleaning Self Service x Mimeograph, Stationery or Letter Shop Mortuary or Funeral Parlor Offices, Professional and Administrative Off Premise Sale of Beer and/or Wine On Premise Sale of Beer and/or Wine Licensed Private Club Pawn Shop Restaurant Retail Stores and Shops - 4,000 square feet or less Retail Stores and Shops - Over 4,000 square feet Studio for Photographer, Musician, Artist or Health Secondhand Store, Used Furniture or Rummage Sale Tool or Trailer Rental Animal Clinic or Hospital (no outside runs or pens) Animal Clinic, Hospital or Kennel (with outside runs or pens) Farm or Ranch 1 Greenhouse or Plant Nursery } Commercial Type Uses Bakery (Wholesale) Building Material Sales Cabinet and Upholstery Shop Cleaning and Dyeing Plant (Commercial) Cleaning Plant, Bags or Carpets (Special Equipment) Clothing Manufacture or Light Compounding or Fabrication Contractors Shop and Storage Yard Engine and Motor Repairing Feed Store Heavy Machinery Sales and Storage Job Printing or Newspaper Printing Laundry Plant (Commercial) Milk Depot, Dairy, or Ice Cream Plant Paint Shop Plumbing Shop Scientific or Research Laboratories Storage and Sales of Furniture or Appliances (Outside a Building) Storage or Sales Warehouse Trailer Rental or Sales Transfer, Storage and Baggage Terminal Wholesale Office and Sample Room Fraternity, Sorority, Lodge or Civic Club 3 Utility, Accessory and incidental Uses ,,,,Electrical Generating Plant Private Utility Shop or Storage Yard Sewage Treatment Plant �7 \LI Recreational and Entertainment Uses Drag Strip or Commercial Racing Go Cart Track Agricultural Tyne Uses Animal Pound (Public or Private) � Flea Market ■R�l7 ,Special Industrial Processes Temporary Asphalt or Concrete Batching Plant Mixing and Sale of Concrete AREA REOVIREMENTS: Floor/Area Ratio 2:1 Maximum ki;F;7• • v . _ Front Yard: Minimum 25 feet. Side Yard: No side yard is specified for non-residential use except where a non-residential use abuts upon a district boundary line dividing such districts from a residential district or when the side yard is adjacent to the street, in which event a ten (10) foot side yard shall be provided. Rear Yard: No rear year is specified for non-residential use except where retail, commercial or industrial uses back upon a common district line, whether separated by an alley or not, dividing the district from any of the residential districts listed, a minimum of ten (10) feet shall be provided. HEIGHT REGIILRTIONs: Twenty (20) stories, except as noted in special setback required for all structures over three (3) stories. SURPLEMENTAL REGIILATION3: 1. Parking (Based on use. 2. Signs 3. Lighting 4. Landscaping 5. Screening & Fencing See Article 34-115.) Mr