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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