1992-107ALLO0296
ORDINANCE NO. ~-/O~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM PLANNED DEVELOPMENT NO. 41 (PD-41) TO GENERAL RETAIL (GR)
DISTRICT CLASSIFICATION AND USE DESIGNATION WITH CONDITIONS FOR
10.1834 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF E. McKIN-
NEY STREET AND LOOP 288; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, First State Bank has applied for a change in zoning
for 10.1834 acres of land from Planned Development No. 41 (PD-41)
to General Retail (GR) district classification and use designation
with conditions; and
WHEREAS, on June 24, 1992 the Planning and Zoning Commission
recommended approval of the requested change in zoning;
WHEREAS, the City Council finds that the change in zoning will
be in compliance with the Denton Development Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the zoning district classification and use
designation of the 10.1834 acres of land described in Exhibit A,
attached to and incorporated into this ordinance by reference, is
changed from Planned Development No. 41 (PD-41) to General Retail
(GR) district classification and use designation with conditions
under the comprehensive zoning ordinance of the city of Denton,
Texas.
SECTION II. That in accordance with Ordinance No. 91-078, the
property shall be subject to the following conditions:
1. The maximum building height will be thirty-five (35)
feet.
2. The maximum Floor-to-Area Ratio for the entire site
will be 0.36. to 1.
3. Curb cuts will be installed as approved by the citi-
zen Traffic Safety Support Commission as shown on the
preliminary plat of Loop 288 Centre, Lot 1, 2, 3, and 4,
Block 1, as shown in the Exhibit B attached hereto and
incorporated herein.
4. Along the southern property boundaries of this tract,
the developer or developers must comply with one of the
following:
a. Plant a thirty-five (35) foot landscaped
area with randomly spaced Bradford Pear, Live
Oak (both 2-inch caliper minimum) and Rebbud
1 ~ inch caliper minimum) trees, having an
average height of 10 feet on center. Devel-
oper shall not remove any protected trees in
this thirty-five (35) foot landscaped area.
Developer shall maintain this area as a per-
vious area and shall not allow parking or any
other structures to be constructed in this
area; or
b. Plant a fifteen (15) foot landscaped area
with a six (6) foot masonry wall along the
property boundary plus supplemental vegetation
consisting of randomly spaced Bradford Pear,
Live Oak (both 2-inch caliper minimum) and
Redbud (1½ inch caliper minimum) trees, having
an average height of 10 feet on center.
Developer shall not remove any existing trees
nine (9) inches or greater in diameter.
Developer shall maintain this area as a
pervious area and shall not allow parking or
any other structure to be constructed in this
area.
5. Ail trees ten (10) inches or larger in diameter
located within twenty (20) feet of the property line
fronting Loop 288 shall remain, this is not in lieu of
required landscaping, rather it is supplemental to the
requirements of Chapter 31 of the Code of Ordinances of
the City of Denton which provide for landscaping and tree
preservation. This condition does not apply to the
69,035 square foot tract located at the corner of Loop
288 and McKinney Street.
6. The provisions of a comprehensive pedestrian access
plan as shown on the preliminary plat of Loop 288 Centre,
Lot 1, 2, 3, and 4, Block 1, as shown in attached Exhibit
B attached hereto and incorporated herein must be met.
7. The allowed uses for the property are shown on the
list of permitted uses attached herein as Exhibit C,
which is incorporated herein.
SECTION III. That the City's official zoning map is amended
to show the change in zoning district classification.
SECTION IV. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
Page 2
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 published 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 __ ay of
ATTEST: BO~ CASTLE.ERRY~ ~7 ~
JENNIFER WALTERS, CITY SECRETARY
.
APPR~ AS TO LEGAL FORM.
DEBRA A. DRAYOVITCH, CITY ATTORNEY
Page 3
List of Exhibits
1) Exhibit A: Description of Property - 2 pages
2) Exhibit B: Preliminary Plat - 1 page
3) Exhibit C: List of Permitted Uses - 1 page
ALL0029E
EXHIBIT A
TRACT ONE
Lot 1, Block 1, THE GENETIC CENTER, an Addition to the City of
Denton, Denton County, Texas, according to the Plat thereof record-
ed in Cabinet H, Slide 92, Plat Records, Denton County, Texas.
TRACT TWO
All that certain tract or parcel of land lying and being situ-
ated in the M. Yoachum Survey, Abstract 1442, Denton County, Texas,
being part of a certain (called) 10.1597 acre tract deed by Tom D.
Jester, Jr., and Paul M. Haywood, Jr., to First State Bank of
Denton on the 3rd day of May, 1989, recorded in Volume 2571, Page
471, Real Property Records, Denton County, Texas, and being more
particularly described as follows:
BEGINNING at the Southwest corner of said 10.1597, an iron pin
in the fence;
THENCE North 01° 37 min. 32 sec. East along the West boundary
line of said 10.1597 acre tract a distance of 254.80 feet to an
iron pin;
THENCE South 88° 22 min. 28 sec. East a distance of 201.00
feet to an iron pin;
THENCE North 01° 37 min. 32 sec. East a distance of 414.92
feet to an iron pin in the South right-of-way of East McKinney
Street (F.M. Road 426);
THENCE South 83° 54 min. 21 sec. East along the South right-
of-way of East McKinney Street and the North boundary line of said
10.1597 acre tract a distance of 219.61 feet to an iron pin;
THENCE South 00~ 53 min. 32 sec. West along the West boundary
line of a 75 foot utility easement a distance of 650.03 feet to an
iron pin in the South boundary line of said 10.1597 acre tract;
THENCE North 88~ 43 min. 40 sec. West along the South boundary
line of said 10.1597 acre tract a distance of 428.28 feet to the
Point-of-Beginning and containing 4.5486 acres of land.
TRACT THREE
All that certain tract or parcel of land lying and being
situated in the M. Yoachum Survey, Abstract 1442, Denton County,
Texas, being a part of a certain (called) 10.1597 acre tract deed
by Tom D. Jester, Jr. and Paul Haywood to First State Bank of
Denton on the 3rd day of May, 1989 recorded in Volume 2571 Page
471, Deed Records of said county, and being more fully described as
follows:
BEGINNING at the Northeast corner of said 10.1597 acre tract,
a wooden highway right-of-way post, said post being the recognized
South line of East McKinney Street and the West line of Highway
Loop 288, also being the Northeast corner of Lot 1, Block 1, Loop
288 Center, as filed in Cabinet F, Page 165, Plat Records of Denton
County, Texas;
THENCE South 01° 16 min. 56 sec. West with the West line of
said Loop 288 passing at 364.51 feet the Southeast corner of said
Lot 1, Block 1, 288 Center and continuing of said course a total
distance of 564.51 feet to an iron pin for the southeast corner of
said 10.1597 acre tract also being the Northeast corner of a
(called) 16.1605 acre tract described in a deed from U.S.
Independent Companies, Trustee to U.S. Independent Companies
recorded in Volume 1249, Page 753, Deed Records, Denton County,
Texas;
THENCE North 88° 43 min. 40 sec. West with the South line of
said 10.1597 acre tract and the North line of said 16.1605 acre
tract a distance of 258.83 feet to an iron pin on the West line of
a 75 foot City of Denton Utility Easement as described in Volume
1029, Page 281, Deed Records, Denton County, Texas;
THENCE North 00° 53 min. 32 sec. East with the West line of
said easement a distance of 650.03 feet to an iron pin on the
recognized South line of East McKinney Street;
THENCE South 83~ 54 min. 21 sec. East with the recognized
South line of East McKinney Street Passing at 37.66 feet the
Northwest corner of said Lot 1, Block 1, 288 Center and continuing
on said course in all a total distance of 64.69 feet to a wooden
highway right-of-way post;
THENCE South 66~ 47 min. 19 sec. East with the South line of
East McKinney a distance of 214.30 feet to the point-of-beginning
and containing 3.6838 acres of land.
EXHIBIT~ B
EXHIBIT C
LIST OF PERMITTED USES
Animal Clinic or Hospital (no outside runs or pens)
Antique Shop
Art Gallery or Museum
Auto Laundry
Bakery or Confectionery Shop (Retail)
Church or Rectory
Cleaning and Pressing Small Shop and Pickup
College of University or Private School
Community Center (Public or Private)
Custom Personal Service Shop
Day Nursery or Kindergarten School
Drapery, Needlework or Weaving Shop
Electrical Substation
Electrical Transmission Line
Fire Station or similar Public Safety Building
Florist or Garden Shop
Gas Transmission Line and Metering Station
Gasoline Service Station
Greenhouse or Plant Nursery (Retail only)
Handicraft Shop
Household Appliance Service and Repair
Institutions of Religious or Philanthropic Nature
Laundry or Cleaning Self Service
Mimeograph, Stationery or letter Shop
New Auto Parts Sales Stores
Nursing Home or Residence Home for Aged
Off Premise Sale of Beer and/or Wine
Off Street Parking Incidental to Main Use
Off Street Remote Parking
offices, Professional and Administrative
Park, Playground or Public Community Center
Public Library
Retial Stores and Shops
School, Business or Trade
School, Private
School, Public or Denominational
Studio for Photographer, Musician, Artist or Health
Telephone, Business office
Telephone Line and Exchange Switching or Relay Station
Eating Establishments
Medical Research Institution (in building only)