1990-007THIS ORDINANCE HAS BEEN AMENDED BY ORDINANCE NO.90-69
ORDINANCE NO. 06-02/L
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM AGRICULTURAL "A" TO PLANNED DEVELOPMENT "PD" ZONING DISTRICT
CLASSIFICATION FOR 2.473 ACRES OF LAND LOCATED EAST OF AND ABUTTING
I-35E AND WEST OF THE MKT RAILROAD, BETWEEN POCKRUS-PAGE ROAD AND
SHADY SHORES ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVID-
ING FOR THE APPROVAL OF A DETAILED PLAN FOR THE DISTRICT; PROVID-
ING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Al Lissberger has petitioned for a change in zoning
from agricultural "A" to planned development "PD" zoning district
classification for 2.473 acres of land located east of and abutting
I-35E and west of the MKT Railroad, between Pockrus-Page Road and
Shady Shores Road, and for approval of a detailed plan for the
district; and
WHEREAS, on November 29, 1989, the Planning and zoning com-
mission held a public hearing on the petition and recommended
approval thereof; and,
WHEREAS, on January 16, 1990, the City Council held a public
hearing on the petition, notice of which was given as provided by
law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the 2.473 acres of land described in Exhibit
"A", attached hereto and incorporated herein by reference, is
changed from Agricultural "A" zoning district classification to
Planned Development "PD" zoning district classification under the
comprehensive zoning ordinance of the City of Denton, Texas.
SECTION II. That pursuant to the provisions of article 11 of
Appendix B-Zoning of the Code of Ordinances, the Detailed Plan
designated as Exhibit "B", attached hereto and incorporated herein
by reference, is approved for the district, so that hereafter such
land shall be developed, used, and maintained in accordance with
the detailed plan and development standards herein approved subject
to the additional 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 according to City ordinances before any
restaurant begins business or when building development
exceeds 8,000 square feet, whichever first occurs.
(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.
(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 III. That the Zoning Map of the City of Denton,
Texas, adopted the 14th day of January, 1969, as an Appendix to the
Code of Ordinances of the City of Denton, Texas, under Ordinance
No. 69-1, as amended, is further amended to show such change in the
zoning district classification and use designation for the property
described.
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 four-
teen (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 news-
paper of the City of Denton, Texas, within ten (10) days of the
date of its passage. PASSED AND APPROVED this the & day of , 1990.
RAY ST HENS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR ED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
Z8802 ord
EXHIBIT "A"
FIELD NOTES to all 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 H. Woodford to
Caraway/Fouts J.V. recorded in Volume 1468 Page 75 of the Real Property Records
of Denton County, Texas and being 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 Highway 35E;
THENCE 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 right-of-way line of the M.K.&T. Railroad;
THENCE South 30 degrees 32 Minutes 43 Seconds East along said Railroad a
distance of 78.82 feet to the beginning of a curve to the left having a radius
of 1273.57 feet;
THENCE 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 acre tract and
continuing along said curve, in all, a total arc distance of 347.74 feet ( chord
bearing of South 38 Degrees 22 Minutes 03 Seconds East a distance of 346.66 feet
) to an iron rod set for the Southeast corner of the herein described tract;
THENCE 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 abovementioned Highway;
THENCE North 49 Degrees 57 Minutes 00 Seconds West along said Highway 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 course with said Highway, in
all, a total distance of 418.70 feet to the PLACE OF BEGINNING and enclosing
2.473 acres of land.
These Field Notes were prepared from an on the ground survey made by me on
August 17, 1988.
Mi haei J. Kern R.P.S. No. 4158 Da e
. OF r
MICHAEL 1 KERN
4158
'SURV~'y
EXHIBIT "B"
PD DETAILED PLAN FOR Z-88-023
CONSISTING OF:
1. PD detailed plan (1 page).
2. Landscape plan (1 page).
3. Development standards (6 pages).
4. Parking standards for mixed-use developments
(2 pages).
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ATTACHMENTS
DEVELGPMENT _--,AIWARDS
DETAILED PLAN
1. Statement of Intent of owner:
Secure P.I.-District zaning,plat & build building for his business
and leasing.
2. Statement Indicating Relation to Denton Developmert Plan:
This area is currently zoned agriculture, is located within a moderat
intensity area. Physical characteristics warrant consideration for
the proposed uses and type of development.
3. Total Number of Acres in Proposed District:
2.468 acres.
4. Land Uses and.Total Number of Acres in Each Parcel or Tract:
Total Proposed Acreage
a. Single Family Detached
b. Single Family Attached (townhouses, cluster, etc.)
c. Attached Patio/Garden/Zero Lot Line
d. Duplex
e. Multi-Family
f. office
g. Neighborhood Service _
h. General Retail _
i. commercial _
j. Light Industrial _
k. Heavy Industrial _
1. other (specify)
See Exhibit A -1
3-1
5. CEf-Site information - adjacent or surcounding land uses, zoning, streets,
drainage facilities, and other existing or proposed improvements.
(Shown on concept or detailed plan.)
6. Traffic and Transportation - indicate existing and proposed streets, parking lots,
loading areas, access points. (Shown on concept or detailed plan.)
Projected Traffic Generation. (Based on traffic study, if required.)
7. Buildings:
a. Approximate location. (Shown on concept or detailed plan.)
b. Maximum height:
96 feet and not over 20 feet in T[LPA easement.
C. Minimum setbacks: (Shown on concept or detailed plan.)
18' to northwest; 18' to rear; 18' to southeast; 75'+ at front
d. Maximum gross floor area (square feet) for nonresidential:
Maximum: 33,377 sq.ft. one building 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 and depth of lots:. (Shown on concept or detailed plan.)
d. Minimum front, side and rear yard setbacks: (Shown on concept or detailed plan
3-2
9. water and Drainage - approximate location of all existing or proposed creeks,
ponds, lakes, froodplains, other water retention or major drainage facilities
and improvements. (Shown on concept or detailed plan.)
lo. Utilities - location of all major sewer, eater or electrical lines and facilities.
(Shown on concept or detailed plan.)
11. Location of trees 3' in diameter - six (6) feet from ground level.
(Shown on concept or detailed plan.)
12. Open Space - location and size of greenbelts, parks, common and recreational areas
(Shown on concept or detailed plan.)
13. Screening - location, type and size of all fences, berms or screening features.
(Shown' * on concept or detailed plan.)
310' of Burford Holly hedge, 3' high and entrance facade along front c
parking lots - grass elsewhere. An 8' screening fence along rear prop(
t o scr en a t -bo s wi e in a e spas tame er si e. i
wYll ~e p~ante~ ~o sNeenoBay oors, wsic wil be same co or as
building.
14. Development Schedule (concept plan) - showing specific date detailed plan will
be submitted, date to start construction and complete construction, and rate of
development. All dates should indicate month and year.
ADDITIONAL REQUIREMEI;TS FOR A DETAILED PLAN
15. Landscaping Plan - major features and types of landscaping to be used.
Entrance facade and 3' high Burford Holly hedge along 310' of parkirLg
lot frontage as constructed; grass elsewhere. Detail landscaping show:
on Landscape Plans. All landscaping incorporated in Planned Phasing
shall be installed as building is constructed.
3-3
16. Signs - show location, type and size on detailed plan; otherwise, signs must
conform to Article 17 of the Zoning Ordinance.
A 101 high 10' by 25' sign shown on detail plan is proposed.
17. Sidewalks. (Shown on detailed plan.)
All sidewalks shall be built in first phase.
18. All information required for preliminary plat in accordance with Appendix A
(Denton Development Code) of the Code of Ordinances.
(A separate plat is required.)
19. Development schedule (detailed plan) - indicating start and completion of
construction and the rate of development. All dates should indicate month
and year.
See Exhibit B for First Phase construction and Second and later
phase construction. _
ab
3/87
3-4
EXHIBIT A -1
The Planned Development District may include the following type of uses.
Art Gallery or Museum
School, Business or Trade
Telephone, Business Office
Roller or lee Skating Rink
Bus Stop or Repair
Amusement Center
Auto Laundry
New Auto Parts Sales Store
New or Used Car Sales Lot
(In Open)
Antique Shop
Cafeteria
Custom Personal Service Shop
Florist or Garden Shop
Handicraft Shop
Laundry or Cleaning
Self Service
Licensed Private Club
Pawn Shop
Restaurant
Retail Store and Shops
over 4,000 Sq. Ft.
Secondhand Store, Used
Furniture or Rummage Sale
Bakery (Wholesale)
Cabinet and Upholstery Shop
Engine and Motor Repairing
Laundry Plant (Commercial)
Heavy Machinery Sales and
Storage
Plumbing Shop
Storage or Sales Warehouse
Wholesale Office and Sample
Room
Theatre, Other Than Drive-In Type
Hauling or Storage Company
Auto Painting and Body Repair
Auto Sales and Repair (In Building)
Seat Cover and Muffler Installation Shop
Used Auto Parts Sales (In Building)
Bakery or Confectionery Shop (Retail)
Cleaning and Pressing Small Shop and Pickup
Drapery, Needlework or Weaving Shop
Greenhouse or Plant Nursery (Retail)
Household Appliance Service and Repair
Mimeograph, Stationery or Letter Shop
Office, Professional and Administrative
Off Premise Sale of Beer and/or Wine
On Premise Sale of Beer and/or Wine
Retail Stores & Shops 4,000 Sq. Ft. or Less
Studio for Photographer, Musician, Artist
or Health
Tool or Trailer Rental
Animal Clinic or Hospital (No Outside Runs
or Pens)
Animal Clinic or Hospital With Outside Runs
or Pens
Cleaning and Dyeing Plant (Commercial)
Greenhouse or Plant Nursery
Cleaning Plant, Bags or Carpets (Special
Equipment)
Feed Store
Clothing Manufacture or Light Compounding
or Fabrication
Job Printing or Newspaper Printing
Petroleum Products Storage Wholesale
Scientific or Research Laboratories
The following type of uses will be prohibited.
(a) Sewage pumping station
(b) Sewage treatment plant
(c) Stable or related facilities for horses
(d) Truck parking lot
(e) Commercial parking lot with structure
(f) Auto wrecking or Salvage yard
(g) Tire retreading or capping
(h) Poultry hatchery
(i) Storage yard
(j) Sand or gravel sales or storage
(k) Heavy manufacturing or industrial uses
processes
(1) Private utility shop or storage yard
(m) Storage and sales of used furniture or
building
(n) Outside storage in front or side yards
(o) Sexually oriented businesses
2069x 6-5
requiring special
appliances outside a
19 October 1989
EXHIBIT 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 parkfng spaces )
*Construct and install landscaping in front of building (68 sq. ft.)
*Construct landscape area at 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.)
*Install screening hedge in front of parking lot (40 ft.)
*Construct all sidewalk
*Construct and install evapotranspiration 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 135 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. ft.)
*Construct an 8-foot screening fence along the entire length of the
property on the rear property line
SECOND AND LATER PHASES 1996-2010
*Construct balance of building (29,005 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 landscaping incorporated in each phase in rear
yard (4,538 sq. ft.)
*Construct and install trees in landscape areas as shown on Detail
Plan (17 Mexican Redbuds and 3 Live Oaks)
*Construct and install balance of islands for dumpsters
*Install balance of Dward Burford Holly screening hedge
*Construct and install balance of landscape in front of building
*Install trees in front of bay doors
*Remove single family house when expanding building development over
8,000 sq. ft.
*Remove septic system when connecting to city sewerage.
6-6
III.
Lissberger Addition: Parking Requirements
adjusted for 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
2
Retail
55
82
91
64
5
Hotel
-
-
-
-
-
Restaurant
20
40
40
40
4
Entertainment/
Recreational
-
-
-
-
-
TOTAL
99
125
134
106
11
Summary:
According to this analysis, 134 parking spaces is adequate for the proposed
mixed use development. This represents a 13.45 percent reduction of the
ordinance requirements.
4-2
1980x/2
ATTACHMENT 4
I.
CALCULATING PARKING 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
1000
100
10;
5%
50
Retail
60
90
100
70
S
Hotel
75
100
7S
100
7S
Restaurant
50
100
100
100
10
Entertainment/
Recreational
40
100
80
100
10
*Source: PAS Report #377, Flexible Parking Requirements.
II.
Lissber er Addition: Parking-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
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 I-35E and west of the M.K.T. Railroad, between
Pockrus-Page Road and Shady Shores Road; and
WHEREAS, Al 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 Lj?tday of , 1990.
Alz a 10, 1-
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
49059A
Page 2
EXHIBIT "A"
FIE:.D `,OTES to all 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 H. Woodford to
Caraway/Pouts J.V. recorded in Volume 1468 Page 75 of the Real. Property Records
of Denton County, Texas and being 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 Highway 35E;
THENCE 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 right-of-way line of the M.K.6T. Railroad;
THENCE South 30 degrees 32 "Mnutes 43 Seconds East along said Railroad a
distance of 78.82 feet to the beginning of a curve to the left having a radius
of 1273.57 feet;
UWCE 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 acre tract and
continuing along said curve, in all, a total arc distance of 347.74 feet ( chord
bearing of South 38 Degrees 22 Minutes 03 Seconds East a distance of 346.66 feet
) to an iron rod set for the Southeast corner of the herein described tract;
TMCE 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 abovementioned Highway;
THENCE North 49 Degrees 57 Minutes 00 Seconds West along said Highway 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 course with said Highway, in
all, a total distance of 418.70 feet to the PLACE OF BEGINNING and enclosing
2.473 acres of land.
These Field Notes were prepared from an on the ground survey made by me on
August 17, 1988.
Mi hael J. Kern R.P.S. No. 4158 Date
MICHAEL. J. KERN
4158
U
EXHIBIT "B"
FIRST AMENDED DETAILED PLAN
CONSISTING OF:
1. PD site plan (1 page).
2. Landscape plan (1 page).
3. Development standards (6 pages).
4. Parking standards for mixed-use developments
(2 pages).
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ATTACHMENT3
GEwELC,P !E'.: _.Al-DAR,S
DETAILED PLAN
1. Statement of Intent of Owner:
Secure P.D.-District zoning.plat do build building for his business
and leasing.
2. Statement Indicating Relation to Denton Development Plan:
This area is currently zoned agriculture. is located within a moderal
intensity area. Physical characteristics warrant consideration for r
the proposed uses and type of development.
3. Total Numbec of Acres in Proposed District:
2.468 acres.
4. Land Uses and Total Numb ec of Acres in Each Parcel or Tract:
Total Proposed Acreage
a. Single Family Detached
b. Single Family Attached (townhouses, cluster, etc.)
C. Attached Patio/Garden/loco Lot Line
d. Duplex
e. multi-Family
f. Office
g. Neighborhood Service
h. General Retail
i. Commercial •
J. Light Industrial
k. Heavy Industrial
1. Othec (specify)
See Exhibit k -1
3-1
adJac?nt or s'1CCounding land uses, zoning, SeO 5,
drainage Eacilities, and other existing or pcoposed improvements. `
(Shown on concept or detailed plan.)
6• Traffic and Transportation - indicate existing and proposed streets, parking lot
loading areas, access points. (Shown on concept or detailed plan.)
Pco;ected Traffic Generation. (Based on traffic study, if requited.)
7. Buildings:
a. Approximate location. (Shown on concept or detailed plan.)
b. ;Maximum height:
36 feet and not over 20 feet in TGIPA easement.
c. Minimum setbacks: (Shown on concept or detailed plan.)
18' to northwest; 18' to rear; 18• to southeast; 751+ at front
d. Maximum gross floor area (square feet) for nonresidential:
Maximum: 33,377 sq.ft. one building size as shown
S. 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 and depth of lots:. (Shown on concept or detailed plan.)
d. Minimum front, side and rear yard setbacks: (Shown on concept or detailed pl
3-2
3. "..atec and ~'ca.nage - appcoximati location of all existing oc proposed cceeKS,
ponds, lakez, froodplalns, other .iat^c cat-intion oc major drainage facilities
and" improvements. (Shown on concept or detailed plan.)
10. Utilities - location of all ma)oc se•-ec, :atec or electrical lines and EacilitLe
(Shown on concept or detailed plan.)
11. Location of trees 3' in diameter - six (6) feet from ground level.
(Shown on concept or detailed plan.)
12. Cpen space - location and size of greenbelts, packs, common and recreational ace
(Shown on concept or detailed plan.)
13. Screening - location, type and size of all fences, berms or screening features.
(Shown*on concept or detailed plan.)
310' of Burford Holly hedge, Y high and entrance facade along front
parking lots - grass elsewhere. An 8' screening fence along rear pro
t o scr en a t- o s o wi a ing a e pas el er side.
~
w~1 j~e plantel ?o screen $ay oors, c wll be same color as
bu3. ding.
14. Oevelopment Schedule (concept plan) - showing specific date detailed plan will
be submitted, date to start construction and complete construction, and rate of
development. All dates should indicate month and year.
ADDITIONAL REQUIREMENTS FOR A DETAILED PLAN
15. Landscaping Plant - major features and types of landscaping to be used.
Entrance-facade and 3' high Burford Holly hedge along 310' of'varkir
lot frontage as constructed; grass elsewhere. Detail landscaping shc
on Landscape Plans. All landscaping, incorporated in Planned Phasin
shall be installed as building is constructed.
3-3
.6. 5Lgns - sac- .cation, type and sLZe :)n d=taLled plan; otnec+ise , s uns rust
conform to Acticle 17 of the Zoning Ordinance.
A 10% high 10' by 25' sign shown on detail plan is proposed.
17. Sidewalks. (Shown on detailed plan.)
All sidewalks shall be built in first phase.
18. All information required for preliminary plat in accordance with Appendix A
(Denton Development Code) of the Code of Ordinances.
(A separate plat is required.)
19. Development Schedule (detailed plan) - indicating start and completion of
construction and the rate of development. All dates should indicate month
and year.
See Exhibit B for First Phase construction and Second and later
phase construction.
ab
3/87
3-4
-MIBI_T A -1
The Planned Development District may include the following type of uses.
Art Gallery or Museum.
School, Business or"Trade
Telephone, Business Office
Roller or lee Skating Rink
Bus Stop or Repair
Amusement Center
Auto Laundry
New Auto Parts Sales Store
New or Used Car Sales Lot
(In Open)
Antique Shop
Cafeteria
Custom Personal Service Shop
Florist or Garden Shop
Handicraft Shop
Laundry or Cleaning
Self Service
Licensed Private Club
Pawn Shop
Restaurant
Retail Store and Shops
Over 4,000 Sq. Ft.
Secondhand Store, Used
Furniture or Rummage Sale
Bakery (Wholesale)
Cabinet and Upholstery Shop
Engine and Motor Repairing
Laundry Plant (Commercial)
Heavy Machinery Sales and
Storage
Plumbing Shop
Storage or Sales Warehouse
Wholesale Office and Sample
Room
Theatre, Other Than Drive-In Type
Hauling or Storage Company
Auto Painting and Body Repair
Auto Sales and Repair (In Building)
Seat Cover and Muffler Installation Shop
Used Auto Parts Sales (In Building)
Bakery or Confectionery Shop (Retail)
Cleaning and Pressing Small Shop and Pickup
Drapery, Needlework or Weaving Shop
Greenhouse or Plant Nursery (Retail)
Household Appliance Service and Repair
Mimeograph, Stationery or Letter Shop
Office, Professional and Administrative
Off Premise Sale of Beer and/or Wine
On Premise Sale of Beer and/or Wine
Retail Stores & Shops 4,000 Sq. Ft. or Less
Studio for Photographer, Musician, Artist
or Health
Tool or Trailer Rental
Animal Clinic or Hospital (No Outside Runs
or Pens)
Animal Clinic or Hospital With Outside Runs
or Pens
Cleaning and Dyeing Plant (Commercial)
Greenhouse or Plant Nursery
Cleaning Plant, Bags or Carpets (Special
Equipment)
Feed Store
Clothing Manufacture or Light Compounding
or Fabrication
Job Printing or Newspaper Printing
Petroleum Products Storage Wholesale
Scientific or Research Laboratories
The following type of uses will be prohibited.
(a) Sewage pumping station
(b) Sewage treatment plant
(c) Stable or related facilities for horses
(d) Tract parking lot
(e) Comarcial parking lot with structure
(f) Auto wrecking or Salvage yard
(g) Tire retreading or capping
(h) Poultry hatchery
(i) Storage yard
Q) Sand or gravel sales or storage
(k) Heavy manufacturing or industrial uses requiring special
processes
(1) Private utility shop or storage yard
(m) Storage and sales of used furniture or appliances outside a
building
(a) Outside storage in front or side yards
(o) Sexually oriented businesses
2069z
6-5
19 October 1989
MMIBIT B-1
FIRST PHASE: 1990-1995
*Construct initial , 2 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 parkrng spaces
*Construct and install landscaping in front of building (68 sq. ft.)
*Construct landscape area at top of parking area (102 sq. ft.)
*Iastall trees in front of bay doors
*Construct and install landscape area at front entrance (640 sq. ft.)
*Iastall screening hedge in front of parking lot (40 ft.)
*Construct all sidewalk
*Construct and install evapotranspiration 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 135 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. ft.)
*Construct an 8-foot screening fence along the entire length of the
property on the rear property line
SECOND AND LATER PHASES 1996-2010
*Construct balance of building (29,005 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 landscaping incorporated in each phase in rear
yard (4,538 sq. ft.)
*Construct and install trees in landscape areas as shown on Detail
Plan (17 Mexican Redbuds and 3 Live Oaks)
*Construct and install balance of islands for dumpsters
*Install balance of Dward Burford Holly screening hedge
*Construct and install balance of landscape in front of building
*Install trees in front of bay doors
*Remove single family house when expanding building development over
8,000 sq. ft.
*Remove septic system when connecting to city sewerage.
6-6
ATTACHMENT 4
I.
.CALCULATING PARKING FOR MIXED-USE DEVELOPMENTS*
WEEKDAY WEEKEND
Daytime Evening Daytime
(9 a.m. - (6 p.m.- (9 a.m.-
4 p.m.) midnight 4 p.m.)
Office/Industrial
100%
10%
10%
Retail
60
90
100
Hotel
75
100
75
Restaurant
50
100
100
Entertainment/
Recreational
40
100
80
*Source: PAS Report +377, Flexible Parking Requirements.
II.
Evening
(6 p.m.-
midnight)
51
70
100
100
100
Lissber er Addition: Parkin Requirements
based on the on ng r nance.
11,100
sq.
ft.
Office/Industrial.......
24
spaces
18,277
sq.
ft.
Retail
91
spaces
4,000
sq.
ft.
Restaurants............
40
spaces
Total 1SS spaces
4-1
NIGHTTIME
midnight
6 a.m.)
Si
5
75
10
10
1980x/1
393
ORDINANCE NO. -06 9-
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 I-35E and west of the M.K.T. Railroad, between
Pockrus-Page Road and Shady Shores Road; and
WHEREAS, Al 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
394
(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 Lj~day of , 1990.
- /jj 4~ i I
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY id A A, J h,
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
~a
49059A
Page 2
3 9 ,5
EXHIBIT "A"
F.ELD 'TOTES to all that certain tract of land situated in the G. Walker Survey
Abstract "lumber 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 H. Woodford to
Caraway/routs J.V. recorded in Volume 1468 Page 75 of the Real Property Records
of Denton County, Texas and being 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 Highway 35E;
THENCE 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 right-of-way line of the M.K.&T. Railroad;
THENCE South 30 degrees 32 Minutes 43 Seconds East along said Railroad a
distance of 78.82 feet to the beginning of a curve to the left having a radius
of 1273.57 feet;
THENCE in a Southeasterly direction along the are 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 acre tract and
continuing along said curve, in all, a total arc distance of 347.74 feet ( chord
bearing of South 38 Degrees 22 Minutes 03 Seconds East a distance of 346.66 feet
) to an iron rod set for the Southeast corner of the herein described tract;
THENCE 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 abovementioned Highway;
THENCE North 49 Degrees 57 Minutes 00 Seconds West along said Highway 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 course with said Highway, in
all, a total distance of 418.70 feet to the PLACE OF BEGINNING and enclosing
2.473 acres of land.
These Field Notes were prepared from an on the ground survey made by me on
August 17, 1988.
Mi hael J. Kern R.P.S. No. 4158 Date'
Aft L KERN
4158 '
396
EXHIBIT "B"
FIRST AMENDED DETAILED PLAN
CONSISTING OF:
1. PD site plan (1 page).
2. Landscape plan (1 page).
3. Development standards (6 pages).
4. Parking standards for mixed-use developments
(2 pages).
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ATTACHMENT3
1. Statement of intent of owner:
Secure P.Q.-District zoni
and leasing.
DETAILED PLAN
lat & build buildin
399
for his business
2. Statement Indicating Relation to Denton Develo pnert Plan:
This area is currently zoned agriculture, is located within a modern'
intensity area. Physical characteristics warrant consideration for
the proposed uses and type of development.
3. Total Number of Acres in Proposed District:
2.468 acres.
4. Land Uses and Total Number of Acres in Each Parcel or Tract:
Total Proposed Acreage
a. Single Family Detached
b. Single Family Attached (townhouses, cluster, etc.)
c. Attached Patio/Garden/teco Lot Line
d. Duplex
e. multi-Family
f. Office
g. Neighbochood Service
h. General Retail'
i. commercial
J. Light Industrial
k. Heavy Industrial
1. Other tspecify)
See Exhibit A -1
GE.ELLPME:. _.A,,Q,%ALS
3-1
~rnacLon - ad;acent :)c s'.;croundLng land uses, zoning, st_ests
400 drainage facilities, and other existing oc proposed improvements.
(Shown on concept or detailed plan.)
6. Traffic and Transportation - indicate existing and proposed streets, parking
loading areas, access-points. (Shown on concept or detailed plan.)
Projected Traffic Generation. (Based on traffic study, if required.)
7. Buildings:
a. Approximate location. (Shown on concept or detailed plan.)
b. maximum height:
36 feet and not over 20 feet in Tf;PA easement.
c. Minimum setbacks: (Shown on concept or detailed plan.)
18' to northwest; 18' to rear; 18' to southeast; 751+ at front;
d. Maximum gross floor area (square feet) for nonresidential:
Ylaximum: 33,377 sq.ft. one building size as shown
S. Residential Subdivision:
a. Number of units per acre (density):
b. Number and location of lots: (Shown on concept cc detailed plan.)
c. Minimum size, width and depth of lots:. (Shove on concept or detailed plan.)
d. Minimum front, side and tear yard setbacks: (Shown on concept or detailed pl
3-2
3. '.atec and Zrainage - approximate location it all existing or proposed 41:1
ponds, lake?, froodplains, other wat^c c^.t^.ntion cc major drainage facilities
and improvements. (Shown on concspt or detailed plan.)
10. utilities - location of all major se•=ec, "Itec or electrical lines and faciliti,
(Shown on concept or detailed plan.)
11. Location of trees 3' in diameter - sir (6) feet from ground level.
(Shown on concept or detailed plan.)
12. Cpen Space - location and size of 7reenbeltS, packs, common and recreational ace
(Shown on concept or detailed plan.)
13. Screening - location, type and size of all fences, berms or screening features.
(Shown.on concept or detailed plan.)
310' of Burford Holly hedge, 31 hi
Parking lots - grass elsewhere.
W~1 0 sscr1ente t o s o V11
bui dingp s ~O screen ~ay c
14. Development Schedule (concept plan)
h and entrance facade alone
An 8' screening fence alo
ors,lwnis wil 01 be same c
fronl
rear prc
r 3cF-
- showing specific date detailed plan will
be submitted, date to start construction and complete construction, and rate of
development. All dates should indicate month and year.
ADDITIONAL REQUIP.EMENTS FOR A DETAILED PLAN
15. Landscaping plan - major features and types of landscaping to be used.
E ntranco-facade and 3' high Burford dolly hedge along 310' of'parkir
lot frontage as constructeds crass elsewhere. Detail landscaping shc
on Landscape Plans. All landscaping incorporated in Planned PhasinL
shall be installed as building is constructed.
3-3
4 0 4 ExSISIT B- i 19 October 1989
FIRST PHASE: 1990-1995
*Construct initial , 2 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. ft.)
*Construct landscape area at 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.)
*Iastall screening hedge in front of parking lot (40 ft.)
*Construct all sidewalk
*Construct and install evapotranspiration 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 135 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. ft.)
*Construct an 8-foot screening fence along the entire length of the
property on the rear property line
SECOND AND LATER 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 landscaping incorporated in each phase in rear
yard (4,538 sq. ft.)
*Construct and install trees in landscape areas as shown on Detail
Plan (17 Mexican Redbuds and 3 Live Oaks)
*Construct and install balance of islands for dumpaters
*Install balance of Dward Burford Holly screening hedge
*Construct and install balance of landscape in front of building
*Install trees in front of bay doors
*Remove single family house when expanding building development over
8,000 sq. ft.
*Remove septic system when connecting to city sewerage.
6-6
ATTACHMENT 4 An5
I . V
CALCULATING PARTING FOR MIXED-USE DEVELOPMENTS*
WEEKDAY
WEEKEND
NIGHTTIME
Daytime
Evening
Daytime
Evening
(9 a.m. -
4 p.m.)
(6 p.m.-
midnight
(9 a.m.-
4 p.m.)
(6 p.m.-
midnight)
midnight
6 a.m.)
Office/Industrial
100%
101
101
51
5%
Retail
60
90
100
70
5
Hotel
75
100
7S
100
75
Restaurant
50
100
100
100
10
Entertainment/
Recreational
40
100
80
100
10
*Source: PAS Report •377, Flexible Parking Requirements.
II.
Lissber er Addition: Parking Requirements
base on the on nt finance.
11,100
sq.
ft.
Office/Industrial.......
24
spaces
18,277
sq.
ft.
Retail
91
spaces
4,000
sq.
ft.
Restaurants............
40
spaces
Total 1SS spaces
4-1
1980x/1
4.~/~6. III.
Lissber er Addition: Parkin Requirements
- adjusted or mize uses. -
WEEKDAY WEEKEND NIGHTTIY
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 2
Retail 55 82 91 64 5
Hotel -
Restaurant 20 40 40 40 4
Entertainment/
Recreational -
TOTAL 99 125 134 106 11
Summary:
According to this analysis, 134 parking spaces is adequate for the proposed
mixed use development. This represents a 13.45 percent reduction of the
ordinance requirements.
4-2
1980x/2