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1993-190e:\wpdocs\ord\Hssberg.o ORDINANCE NO. 9,3 ~1 7 0 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 90-007 TO PROVIDE FOR AN AMENDED DETAILED PLAN FOR 2.468 ACRES OF LAND IN PLANNED DEVELOPMENT (PD) NO. 134 LOCATED IN THE LISSBERGER ADDITION EAST OF AND ABUTTING I-35E, WEST OF THE OLD M.K.T. RAIL- ROAD, AND BETWEEN POCKRUS-PAGE AND SHADY SHORES ROADS; REPEALING ORDINANCE NO. 90-069; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council, with the adoption of Ordinance No. 90-007, approved a planned development zoning district classifica- tion for 2.4 acres of land located east of an abutting I-35E, west of the old M.K.T. Railroad, and between Pockrus-Page Road and Shady Shores Road; and WHEREAS, the City Council, at the request of Al Lissberger, with the adoption of Ordinance No. 90-069, approved an amended detailed plan for the planned development zoning district class- ification established by Ordinance No. 90-007 (PD No. 134); and WHEREAS, Al Lissberger has applied for another amendment to the detailed plan previously approved for PD No. 134 and on September 22, 1993 the Planning and Zoning Commission, after a public hearing, recommended approval of the requested change; and WHEREAS, the City Council finds that the amended detailed plan will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Section II of Ordinance No. 90-007 is amended to read as follows: SECTION II. That the Amended Detailed Plan, attached as Exhibit "B", is adopted for the district and the property shall be constructed, used, and maintained in accordance with the Amended Detailed Plan, subject to the following conditions: (1) Corrugated or any other steel construction will not be allowed on the front exterior of the building. (2) The property shall be connected to a public sanitary sewer system before any restaurant in the development begins business. (3) The existing house on the site shall be demolished or removed when building development on site exceeds 8,000 square feet of floor space. (4) The dance floor in any restaurant or private club use shall not exceed 2,000 square feet of floor space. (5) Vehicles to be repaired or painted in conjunction with any automotive service use shall be parked in the rear of the building. (6) Shared parking standards shall only apply in this PD district when and if the district is used for restaurant or private club purposes. Otherwise, parking require- ments shall be determined from the Denton Code of Ordinances, Chapter 35, for all phases of building development. SECTION II. That a copy of this ordinance shall be attached to Ordinance No. 90-007, showing the amendment herein approved and Ordinance No. 90-069 is hereby repealed. SECTION IV. 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 V. 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 pub- lished twice in the Denton Record-Chronicle, the 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 , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPR V D AS TO LEGAL FORM: DEB A. DRAYOVITCH, CITY ATTORNEY BY:~~~ G~ PAGE 2 EXHIBIT "B" SECOND AMENDED DETAILED PLAN CONSISTING OF: 1. PD site plan with Development standards (1 page). 2. Landscape plan (1 page). 3. Parking standards for mixed-use developments (2 pages). ATTACHMENT a I. CALCULATING PARKING POR NIXED-USh DEVELOPNENTSa WEEKDAY Daytime (9 a.m. 1 p.m.)- WEEKEND Evening Daytime Evening (6 p.m.- (9 a.m.- (6 midnight t p.m.) midni■ght) Office/Industrial 100% lot 101 Retail 60 90 100 Hotel 7S 100 75 Restaurant so 100 100 Entertainment/ Recreational 40 100 so *Source: PAS Report 1377, Flexible Parking Requirements. II. Lissb•r •r Addition: Parkin Rs uireoents ase on the on na r nanc• St 70 100 100 100 11,100 sq. ft. Office/Industrial....... 21 spaces 18,277 sq. ft. Retail 91 spaces 4,000 sq. ft. Restaurants............ 40 spaces Total ISS spaces 3-1 19SOX/1 -3,2 405 NIGHTTIME midnight 6 a.m.) St i 73 l0 10 AMMEMMEN 06 oa III. LL tssber •r Addttloa: Parkin • ulrememcs a ust• or ■ixm uses. WEEKDAY WEEKEND NMHTTIY Daytime Evening Daytime Evening (9 a.m. - 4 M ) (6 p.m.- id h i (9 a.m.- (6 p.m.- midnight P. . m n g t 4 P.M.) midnight) 6 a.m.) Office/Industrial 24 3 3 2 2 Retail SS 82 91 64 S Hotel - Restaurant 20 40 40 40 4 Entertainment/ Recreational TOTAL 99 US 134 106 11 Summary: According to this analysis, 134 parking spaces is adequate for the proposed mixed use development. This represents a 13.4$ percent reduction of the ordinance requirements. 3-2 1980x/2 33