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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)