1990-069NOTE: AMENDED BY ORDINANCE 93-190 A COPY OF ~ICH IS ATTACHED.
ORDINANCE NO. ~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DETAILED
PLAN FOR THE PLANNED DEVELOPMENT DISTRICT ESTABLISHED BY ORDINANCE
NO. 90-007 AND AMENDING A CONDITION THEREOF RELATING TO WASTEWATER
SERVICE FOR THE PROPERTY; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, by Ordinance No. 90-007, the City Council approved a
planned development district for 2.4 acres of land located east of
and abutting 1-35E and west of the M.K.T. Railroad, between
Pockrus-Page Road and Shady Shores Road; and
WHEREAS, A1 Lissberger has petitioned to amend the regulations
for wastewater facilities for the property; and
WHEREAS, the Planning and Zoning Commission has recommended
approval of the amendment; 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 First 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 the 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.
Page 1~
(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 Article 15, of Appendix B-Zoning, 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 approved.
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-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 ~ , 1990.
BOB CASTLEBERRY, MAYO~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
49059A ~
Page 2
EXHIBIT "A"
FIELD :;OTES to ali that certain tract of land situated in the G. Walker Survey
Abstract Number 1330 in the City and County of Denton Texas and being all of the
called 1.468 acre tract described in the deed from Estella M. Woodford to
Caraway/Fours J.V. recorded in Volume 1468 Page 75 of the Real Property Records
of Denton County, Texas and b~ing a part of the called 8.931 acre tract
described in the deed from Larry Schmitz to Bob Caraway recorded in Volume 1484
Page 146 of said Real Property Records as recognized and occupied on the ground;
the subject tract being more particulary described as follows:
BEGINNING for the Northwest Corner of the tract being described herein at an
iron rod found at the Northwest corner of the said 1.468 acre tract in the
monumented Northeasterly right-of-way line of Interstate ffighway 35E;
IHENCE North 42 Degrees 55 Minutes 48 Seconds East with the North line of said
1.468 acre tract a distance of 316.39 feet to an iron rod found at the Northeast
Corner thereof, in the Southerly ~ight-of-way line of the M.K.&T. Railroad;
/2{ENCE South 30 degrees 32 Minutes 43 Seconds East along said Railroad a
distance of 78.82 feet co the beginning of a curve to the left having a radius
of 1273.57 feet;
I2{ENCE in a Southeasterly direction along the arc of said curve, along said
Railroad at 158.36 feet passing an iron rod set for the Southeast Corner of said
1.468 acre tract, same being the Northeast Corner of said 8.931 acrs tract and
continuing along said curve, in all, a total arc d/stance of 347.74 feet ( chord
bearing of South 38 Degrees 22 Minutes 03 Seconds East a distance of 346.66 feec
) to an iron rod set for the Southeast corner of the herein described tract;
IKENCE South 42 Degrees 56 Minutes 51 Seconds West with a line parallel with the
South line of said 1.468 acre tract a distance of 220.48 feet to an iron rod set
for the Southwest corner of the herein described tract in the Northeasterly line
of the abovementloned }{ishway;
T~CE North 49 Degrees 57 Minutes O0 Seconds West along said }{ighway as
monumented at 188.70 feet passing an iron rod set for the Southwest Corner of
said 1.468 acre tract and continuing along said co~Lrse with said f[18hway, in
all, a total d/stance of 418.70 feet to the PLACE OF BEGINNIN~ and enclosing
2.473 acres of land.
These Field Notes were prepared from an on the ground survey made by me on
August I7, 1988.
'MiChael ,~. kern R.P.S. lVo. 4158
ATTACHMENT 3
D~TA ~D ~AN
1. Statement of Intent of Ownec:
Secure P.D.-Distric~ zoning, plat & build buildin~ for his business
and leasing.
Statement Indicating Relation to Denton Oevelopme~ Plan:
This area is currently zoned a.~riculture, ~$-located within a
intensity'area. Physical characteristics warrant consideration for
the proposed uses and ty'~e of development.
3. Total Number of Acres in ~=oposed District:
~.~68 acres.
4. Land Uses and Total Num~e'c of Acres in Each Parce~ oc Trac=:
Total Proposed Acreage
a. Single Family 0cinched
b. Single Family At~ached (townhouses, clustec, e~c.)
c. Attached Pa~io/Gacden/Zeco bo~ bine
d. Duplex
f. Office
9- Neighborhood Se:vice
i. Comme~ciaA
Light
k. ~eav¥ lnduscciaL
O~hec (~peci£¥)
See Exhib£~ A -1
3-1
SEf-S~ce :nfoc~at~on -ad]acent or s'Jc=ound~ng land uses, zoning, sc=eecs,
drainage faoilLties, and ~the~ exis=zng or Droposed impcovemen=s.
(Shown on concept or detazled plan.}
T~affi¢ and'Transportation - indicate existing and proposed streets, pa~k~ng lot
loading areas, access points. (Sho~n on concept or ~etailed plan.)
Pro]ec~ed T~a~fi¢ Generation. (Based on t~af~ic study, if regui~ed.)
7. Buildings:
a. Approximate location. (Shown on concept or detailed plan.)
b. Maximum height:
]6 feet and not over 20 feet in T~4PA easement.
c. MiQimum setbacks: (Shown on concept or detailed plan.;
18' to northwest; ~8' to rear; [8' to southeast; 75,~ at front
d. Maximum gross floor area (square feet) for nonresidential:
~iaximum= ~,~?? sq.ft, one buildin~ size as shown
8. Residential Subdivision:
a. Number of units per acre (density):
b. Number and location of lots: (Shown on concept or detailed plan.)
c. Minimum size, width end depth o~ lots:. (Shown on concep~ oc detailed
d. Minimum ~:on[, side and ~ear yard setbacks: (Shown on concep: oc detailed pi,
3-2
ponds, lakes, floodplains, other '~ate¢ cetDn~[on or major drainage facllL~es
and' improvements. (Shown on conc~p~ or de,aiLed plan.;
10. Utilities - location of all ma)or se~e~, '~ater or electrical lines and fackl~tLe_
(Shown on concep~ or de,ailed plan.)
&ocac£on of Crees 3' in diameter - six (6} feet from g¢ound level.
(Shown on concept or detazled plan.)
12. Open Space - location and size of g¢eenbol=s, parks, common and ¢ecrea=[onal age.
(Shown aa concept or de=ailed plan.)
13. Screening - location, type and size of ail fences, berms o~ screening features.
(Shown ~on concept or detailed plan.;
310' of Burford Holly hedge, 3' high and entrance facade alonE front
parkin~ lots - ~rass elsewhere. An 8' screeninE fence alone rear pro
tv to. scr~en.a~%o-body shod will be in~alleO.~of asz e~ e=
~}}d~lan~ec =o screen Day coors, WhiCh
14. Developmen~ Schedule (co~cep~ plan) - showing specific date detailed plan will
be submitted, date ~o star= construction and
development. All dates should indicate month and yea~.
ADDITZONAL REQU~RE~:£[:T$ FOR A DETAILED ~LAN
15. nandsca[;in~ Plan - ma)ac featuces and types of landscaping to be used.
Entrance-facade and ~' hiKh Burford Holly hedge alon~ ~0' of.'parkin_
lot frontage as constructed; {ross elsewhere. Detail landsca9in~ sho
on Landscape Plans. All landscapin~ incorporated in Planned Phasin~r_
shall be installed as buildinE is constructed.
3-3
16. Signs - snow location, type and s~ze .3n detailed plan: otnerwlse, S~gns must
conform co ,\rticie 17 of the Zoning O~d£na~ce.
A 10' high 10' by 25' si~-n shown on detail plan is proposed.
17. Sidewalks. (Shown on detailed
Ail sidewalks shall be built in first phase.
18. All info,maC,on required fo~ preliminary plat in accordance with Appendi~ A
(Dento9 Oevelopmen~ Code) of the Cod9 of O~d[nancea.
(A separate plat is required.)
19. Development Schedule (detailed plan) - zndicating start and completion of
construction and the rate of development. All dates should indicate month
and year.
See Exhibit B foz' First Phase construction and Second and late:'
phase construction.
ab
3/87
3-4
EXHIBIT
The Planned Development District may include =he following =ype of uses.
Art Galler~ or ~useu~ Theatre, Other Than Drive-In Type
School, Business or Trade Hauling or Storage Company
Telephone, Bueiness~_Office Auto Painting and Body Xepair
Auto Sales and Repair (In Building)
Xoller or Ice Ska=ing R/nk Sea= Cover and Muffler Ins~alla=ion Shop
Bus S=op or Xepair Used Au~o Par=s Sales (In Buildin~)
~semen= Can=er ~ke=y or Confectionery Shop (Xe=ail)
Au=o Laundr~ Cleanin~ and Pressi~ S~ll Shop and Pickup
New Au=o Par~s Sales Snore Drapery, Needl~ork or Weaving Shop
New or Used Car Sales Lo= Gree~ouse or Plan~ Nurse~ (Xe~ail)
(In Open) Household Appliance Service and Xepair
~=ique Shop Mimeograph, S~a~lonery or Le~er Shop
Cafe=erie Office, Professloual and A~lnis=ra=lve
Cus=om Personal Se~ice Shop Off Premise Sale of Beer and/or Wine
Floris= or Garden Shop 0u Praise Sale of Beer ~d/or Wine
Handicraf~ Shop ~e~ail Snores & Shops 4,000 Sq. F=. or Less
Laundry or Cleanin~ S=udio for Photographer, ~sician,
Self Se~lce or Health
Licensed ~iva=e Club Tool or Trailer
Pa~ Shop Anl~ Clinic or Hospi=al (No 0u=side Xuns
Xes=auran= or Pens)
Xe=ail Snore and Shops ~i~l Clinic or Hospital ~i~h 0u~side Xuns
~er 4,000 Sq. F~. or
Secondhand S~ore, ~sed Cleanin8 and Dyein~ Plan~
F~ni~ure or X~e Sale Gree~ouse or Plan~ Nurse~
Bake~ (~olesale) Cleaning Plan~, Bags or Carpe=s (Special
Cabine~ and Uphols~e~ Shop Equip~en~)
Engine and Mo=or ~epairin~ Feed S~ore
Laundry Plan~ (Co~ercial) Clo~hin~ ~nufac~ure or Li~ Compo~ding
Hea~ Machinery Sales and or Fabrics=ion
S~ora~e Job ~in~in~ or Newspaper Prin~in~
PlumbinS Shop Pecrole~ Produc~s S~ora~e ~olesale
S=orase or Sales Warehouse ScienC~fic or ~esearch Labors=sties
~olesale Off,ce and Sample
~oom
~e followin8 =y~ of ~es ~11 be proh~bi=ed.
(a) Sewage p~pin~
(b) Sewage ~rea=~ plane
(c) S~able or r~a~ed fac~li~ies for horses
(e) Comrcial ~rk~n~ lo~ with s~ruccure
([) AuCo ~eck~n~ or Salvase yard
Tire re=read~n~ or capp~n~
(h) Po~ry
S~orase yard
(J) Sand or ~avel ~les or sCora~e
(k) Hea~ ~nufac=ur~n~ or ~nduscrial uses requirin& s~cial
(1) P=iva~e u~l~=y shop o= s~o=ase
(m) S~orase and sales o~ used full,ute or appliances ou~si~e a
buildin~
(u) 0u~side s~ora~e in fron~ or side yards
(o) Se~lly o~ienced businesses
206~x
6-5
19 October 1989
FO(HIBIT B-1
FIRST PHASE= 1990-1995
*Construct initial 4,332 sq. ft. of building
*Construct 18-foot fire lane around entire building
*Construct entrance facade and driveway
*Construct grade and install 24-inch drainage culvert
*Construct 20 parking spaces
*Construct and install landscaping in front of building (68 sq.
*Construct landscape area a= top of parking area (102 sq. ft.)
*Install trees in front of bay doors
*Construct and install landscape area at front entrance (640 sq. ft.)
*Ins=all screening hedge in front of parking lot (40 ft.)
*Construct all sidewalk
*Construct and install evapotranspiratiou system
*Upgrade well to meet city code and supply water as needed
*Grade and install rip-rap and 24-inch culvert in 15-foot easement at
southwest corner of property
*Clear out I35 culvert in front of property (southwest corner)
*Construct and install island for dumpster in rear
*Construct and install island and landscaping for transformer (70 sq.
*Construct an 8-foot screening fence along the entire lengt~ of the
property on the rear property line
SECOND AND LATE~ PHASES 1996-2010
*Construct balance of building (29,003 sq. ft.)
*Construct balance of fire lane around building
*Construct balance of entrance facade and landscaping incorporated in
each phase in street (7,396 sq. ft.)
*Construct balance of landscapin8 incorporated in each phase in rear
yard (4,538 sq. ft.)
*Construct and install trees in landscape area8 as shown on Detail
Plan (17 Mexican Redbuds and 3 Live Oaks)
*Construct and install balance of island8 for dumps=ers
*Install balance of Dward Burford Holly screening hedge
*Construct and install balance of landscape in front of building
*Ins=all trees in front of b&y doors
*Remove single fam/ly house w~en expanding building development over
8,000 sq. ft.
*Remove septic system when connecting to cl~y sewerage.
6-6
ATTACHMENT 4
I.
CALCULATING PAR£ING FOR MIXED-USE DEVELOPMENTS*
WEEKDAY WEEKEND NIGHTTIME
Daytime Evening Daytime Evening
(9 a.m. - (6 p.m.- (9 a.m.- (6 p.m.- midnight
4 p.m.) midnight 4 p.m.) midnight) 6 a.m.)
Office/Industrial 100% 10% 10%
Retail 60 90 100 70
Hotel 75 100 75 100 75
Restaurant 50 100 100 100 10
Entertainment/
Recreational 40 100 80 100 10
*Source: PAS Report #377, Flexible Parking Requirements.
II.
Lissberser Addition: Parkins Requirements
based on the Zoning Ordinance.
11,100 sq. ft. Office/Industrial ....... 24 spaces
18,277 sq. ft. Retail ................. 91 spaces
4,000 sq. ft. Restaurants ............ 40 spaces
Total ........................ 155 spaces
4-1
1980x/1
III.
Lissberler Addition: Parking Requirements
adjusted £or mixed uses.
WEEKDAY WEEKEND NIGHTTIME
Daytime Evening Daytime Evening
(9 a.m. (6 p.m.- (9 a.m.- (6 p.m.- midnight
4 p.m.) midnight 4 p.m.) midnight) 6 a.m.)
Office/Industrial 24 3 3 2 Z
Retail
Hotel -
Restaurant 20 40 40 40
Entertainment/
Recreational ....
TOTAL 99 125 134 106 Il
Summary:
According to this analysis, 134 parking spaces is adequate for the proposed
mixed use development. This represents a 13.4S percent reduction of the
ordinance requirements.
4-Z
1980x/2
e:\wpdoc$\or~\li$$be~g.o ~ ~
ORDIN CE NO. 95--190
AN ORDINANCE OF THE CITY OF DENTON, TEZAS, A~ENDING ORDINANCE NO.
90-00? TO PROVIDE FOR ~N ~ENDED DETAIT.~D PI~N FOR 2.468 ACRES OF
LAND IN PLANNED DEVELOPMENT (PD) NO. 134 LOCATED IN THE LISSBERGER
ADDITION EAST OF AND ABUTTING 1-35E, 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 1-35E, 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 A1 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, A1 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.
ATTEST: BOB CASTLEBERRY, MA~ ~
JENNIFER WALTERS, CITY SECRETARY
BY:~~~
PAGE 2
,CUI. AT~NG P,'UtI[ING FOR NIXED-USk EVEI, OpNENTSI
YEE~DAY NEEEEND N[GHTT[~
Dayti.e Evening Daytime Eve.inI
(9 a.n. -
(6 p.m.- (9 a.m.- (6 p.m.- etdnLfht
4 p.m.) atdnllht 4 p.n,) midntfht) 6 a.n,)
Office/industrial 100% 10% lOt St Si
Retail 60 90 I00 70
Hotel ?S lO0 7S 100
Restaurant SO lO0 100 lO0 10
Entertainment/
Recreational 40 100 SO 100 10
· Source: PAS Report #377, Flexible Parking Requirements.
II.
kissberler Addition: Farkinl Requirement]
based on the Zoninl Ordinance
lt,lO0 sq. ft. Office/Industrial ....... 14 spaces
11,277 sq. ft. Retail ................. 91 spices
4,000 sq. ~t. Restiurint9 ............ 40 spices
Total ........................ 1SS spaces
1980x/l
6
-' L~ssberler Addition: Par~tni ~quiremencs
adjusted ~or ~lxld
NEEKDAY NEE[END N[GHTT[~
Daytime Evenl~ Daycim Even~nI
(~ a.m. - (6 p.m.- (9 a.m.~ (6 p.m.- midnight
4 p.m.) midnight 4 p.a.) mtdn~ih~) 6 a.a.)
O~Eice/Znduscrial 24
Retai! SS g2 9i 64 S
Hotel
Restaurant ZO 40 40 40
Entertainment/
Recreational
TOTAL 99
Summary:
According to this analysis, 134 perkier spaces is adequate for the proposed
mixed use development. This represents · 15.4S percent reduction of the
ordinance requirements.
1980x/2