1985-0681048L NOTE Amended by Ordinance No 2001-151
NO _-gs-L Q
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS
SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY
OF DENTON, TEXAS, BY ORDINANCE NO 69-1, AND AS SAID MAP APPLIES TO
APPROXIMATELY 30 3595 ACRES OF LAND SITUATED IN THE ELI PICKETT
SURVEY, ABSTRACT NO 1018, DENTON COUNTY, TEXAS AND SITUATED AT THE
SOUTHWESTERN CORNER OF RYAN ROAD AND TEASLEY LANE INTERSECTION, TO
PROVIDE FOR A PLANNED DEVELOPMENT "PD" DISTRICT ZONING CLASSIFICATION
AND USE DESIGNATION FOR SAID PROPERTY, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I
That a Planned Development "PD" District Zoning Classification and
Use designation is hereby established for all of the property described
below under the Comprehensive Zoning Ordinance of the City of Denton,
Texas
All that certain tract or parcel of land situated in the Eli Pickett
Survey, Abstract No 1018, Denton County, Texas, being part of a
(called) 117 5 acre tract in a deed from Gover C Stuart to J T
Stuart on the 21st day of January, 1930, as recorded in Volume 225,
Page 528, Deed Records of said County, and being all of a (called)
31 027 acre tract described in a Deed from B Thomas McElroy to Mrs
Marsha Stuart Savage and Robert Mark Stewart on the 24th day of
December, 1975, recorded in Volume 769, Page 557, Deed Records of said
County, and being more fully described as follows
BEGINNING at a steel pin on the north line of said 117 5 acre tract
and of said Pickett Survey about the middle of Ryan Road at the north-
east corner of a 26 171 acre tract out of said 117 5 acre tract at a
point 1035 84 feet east of the northwest corner of said tract and of
said Survey,
THENCE north 89°42'49" east with the north line of said 117 5 acre
tract and said Survey in Ryan Road a distance of 1013 11 feet to a
corner on the west right of way of Farm to Market Road 2181,
THENCE south 33°49'45" east with said right of way a distance of 85 28
feet to the beginning of a curve,
THENCE southerly with said right of way around a curve to the right,
having a central angle of 32°24' and 00", a chord of south 17°37 45"
east, a distance of 774 09 feet, a radius of 1387 3 feet and an arc
length of 784 50 feet to a right of way post at the end of said curve,
THENCE south
O1°
2545" east with
said right of way 294 5 feet to a
steel pin at
the
northeast corner
of a 58 103 acre tract off the south
end of said 1
17 5
acre tract,
THENCE south 89°53' west, a distance of 1299 88 feet to a steel pin at
the southeast corner of said 28 171 acre tract,
THENCE north 00°07'44" west, 1100 57 feet to the place of beginning
and containing in all 31 0154 acres of land, there being 0 6559 acre
within Ryan Road, leaving a net of 30 3595 acres of land
SECTION II
That in approving this planned development district ordinance, the
City Council hereby approves the final site plan, attached hereto, for
the area designed for SF-6 use Prior to the development of the areas
designated as multifamily (MF) district and general retail (GR) on the
site plan attached hereto, a final comprehensive site plan shall be
required to be submitted and approved as part of this ordinance in
accordance with Article 11, Appendix B-Zoning, of the Code of
Ordinances
Z-1702/PAGE 1
SECTION III
That the development of the property shall be in substantial
compliance with all comprehensive site plans approved herein or
hereafter, and attached hereto and made a part herein for all purposes
SECTION IV
That prior to issuance of any certificate of occupancy for the use
of any building within the planned development district, the following
conditions shall be met
1 Multi-family housing which abuts single family housing should not
exceed two-story construction height
2 Parking lot lights should be positioned away from residential
buildings
3 Screening shall be provided to protect multi-family housing from
commercial retail activities and also to buffer single family
housing from multi-family developments
4 The platting and building requirements of Appendix A and B of the
Code of Ordinances for single family housing (SF-7), including
front, side and rear setbacks, and maximum lot coverage, shall be
applicable to the proposed single family development (SF-6)
5 All other engineering, planning, and building requirements not
controlled by these conditions must conform to the Zoning and Land
Development Regulations and other plans and ordinances of the City
of Denton
SECTION V
That the City Council of the City of Denton, Texas, hereby finds
that such zoning is in accordance with a comprehensive plan for the
purpose of promoting the general welfare of the City of Denton, Texas,
and with reasonable consideration, among other things for the character
of the district and for its peculiar suitability or particular uses,
and with a view to conserving the value of the buildings, protecting
human lives, and encouraging the most appropriate uses of land for the
maximum benefit to the City of Denton, Texas, and its citizens
SECTION VI
That this ordinance shall be in full force and effect immediately
after its passage and approval, the required public hearings having
heretofore been held by the Planning and Zoning Commission and the
City Council of the City of Denton, Texas, after giving due notice
thereof
PASSED AND APPROVED this the 'day of , 1985
Y_ - J6 ;
CIT OF D NTON, TEXAS
ATTEST
CHARLOTTE ALLEN-* IT SE RETAKY__
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
nn~
BY ~l 1/1 ~l~D~nu. ~Gf/iX
Z-1702/PAGE 2
sw m.~~aww mcuwnzeaaan a.a om~® as
ORDINANCE NO apyi_ IJ4
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 85-
68 TO PROVIDE FOR A ZONING CHANGE AND ZONING PLAN FOR 13 16 ACRES
LOCATED WITHIN THE PLANNED DEVELOPMENT 93 (PD-93) ZONING DISTRICT TO
ALLOW FOR A RETAIL SHOPPING CENTER, THE SUBJECT PROPERTY BEING
LOCATED AT THE SOUTHWEST CORNER OF TEASLEY ROAD AND RYAN ROAD,
PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN
EFFECTIVE DATE (ZP-00-017)
WHEREAS, on April 4, 1985, by Ordinance 85 68, the City Council approved a change
in zoning for 30 36 acres of land to Planned Development 93 (PD 93) Zoning District, and
WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-069 which
established certain nonresidential interim regulations (the "Nonresidential Interim Regulations
and
WHEREAS, the Residential Interim Regulations established among other things, a
zoning plan requirement in the event of a request to rezone property, and
WHEREAS, on November 11, 2000, Jones and Carter, Inc, on behalf of The Archer
Company, submitted a request to rezone and a Zoning Plan under the Nonresidential Interim
Regulations, a copy of which is attached hereto as Exhibit "A' for 13 16 acres of land within
Planned Development 93 with the intent to amend the existing PD to allow the development of a
retail shopping center, and
WHEREAS, on March 14, 2001, the Planning and Zoning Commission recommended
denial of the request to rezone and the Zoning Plan for such 13 16 acres, and
WHEREAS, on March 16, 2001, Jones and Carter, Inc formally appealed the decision of
the Planning and Zoning Commission to the City Council with the full understanding that a
three-fourths vote of the City Council will be required to approve the zoning change and Zoning
Plan and
WHEREAS, the City Council finds that the Zoning Plan, with the conditions imposed
herein, if any, meets the requirements of the Nonresidential Interim Regulations and is consistent
with the approved 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 Ordinance No 85-68, providing for the creation of the Planned
Development 93 (PD 93) Zoning District Classification and Use Designation for the property
described as PD-12 is amended by approving the Zoning Plan attached hereto and incorporated
herein by reference as Exhibit B for 13 16 acres located within PD-12 more particularly
Sw o mW~ rdhws WIZP 17N norm urns am
described by the legal description attached hereto and incorporated herein by reference as
Exhibit A (the "Property"), subject to the following conditions
1 All conditions set forth on the Zoning Plan
2 Uses on the Property shall be restricted to the uses shown on the Zoning Plan
3 Driveways shall be limited to two on Teasley Lane, one lining up with the Lakewood
Estates Driveway and the other closer to Teasley Lane but at least 250 feet from the
corner, and one Drive on Ryan Road at least 400 feet from the corner of Teasley Lane
4 Right turn lane at the northern most driveway on Teasley Lane with a median on Teasley
Lane preventing left turns at that driveway Median should extend from Ryan Road to
past the drive, with paint striping and/or buttoning north of Ryan Road for
transition/directional purposes
5 Reconstruction of Ryan Road across the frontage for two lane being one half of a four
lane divided road with median opening and left and right turn lanes at the driveway
Eight inch minimum pavement thickness
6 Left and Right turn lanes, on Teasley Lane at the southern most driveway on Teasley
Lane
7 The traffic study shall determine the impact of the proposed development on Teasley
Lane and Ryan Road and the adjacent single family neighborhood and shall identify
mitigation measures to be shown as part of the Project Plan, needed to prevent
deterioration of Levels of Service The traffic study shall be related to previous studies
conducted by the consultant hired by the City of Denton Conditions 3 through 6 above
may be revised and be included, as revised with the Project/Detailed Plan if the traffic
study provided for in this condition No 7 indicates a need for such revisions
8 The design of the development shall be pedestrian oriented
9 One structure on the site shall be allowed up to 58,000 square feet in size All other
structures shall not exceed 45,000 square feet in size
10 No drive-thru restaurants shall be permitted
11 Drive-through facilities shall meet the following design criteria
a There are no more than three drive-through lanes
b It is built as an integral architectural element of the primary structure and use
The materials are the same as those used in the primary structure and the drive-
through facility is under the same rooflme of the primary structure Drive-
PAGE2
Sbv DxemeNAArdwLCe,W1~ZP OOLIipafl OrSm da
through structures and facilities separate from the primary structure are
prohibited
c It is located to the rear or side of the structure and is not viewable from any
arterial, collector or avenue
d It is buffered on the rear and side lot lines
12 To ensure the design is compatible to the adjacent residential subdivision, section
elevations, through the site from the adjacent road network into the adjacent single-
family subdivision, shall be submitted for review at the time a project/detailed plan is
submitted
13 Truck deliveries shall not be allowed between 10 00 p in and 6 00 a in
14 An 8 foot masonry wall shall be constructed along the south and west side of the
Property
15 Signs shall be monument signs
16 Lighting on the Property shall be designed and maintained so as not to shine on or
otherwise disturb adjoining property or to shine and project upward to prevent diffusion
into the night sky A lighting plan shall be submitted by the applicant for review by City
staff to ensure compliance with this condition
SECTION 2 The City s official zoning map is amended to show the change in zoning
district classification
SECTION 3 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 5 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, official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage
PASSED AND APPROVED this the 3Ad day of 4, Al d , 2001
EULINE BROCK, MAYOR
PAGE 3
SW ww.w JW- 170..a O.N.. as
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPR ED AS TO LEGAL FORM
HERBERT L P13DWY, CITY ATTORNEY
BY
PAGE4
Mf
EXHIBIT "A"
All that certain tract or parcel of land situated in being part
Pickett Survey, Abstract No 1018, Denton County, Texas, of a (called) 117 5 acre tract in a deed from Cover C Stuart to
J T Stuart on the 21st day of January, 1930, as recorded in volume
all of a
225, Page S20,
(called) 31 027 D acre Records deof said scribed Cin to Deed from being 11 Thomas
McElroy to Mrs Marcia Stuart Savage and Robert Mack Stuart on the
day of Decemberi County, and being recorded more in fuVolume '769 lly described g as 5fol Dead
Records of said lows
BEGINNING at a steel pin on the North line of said 117,5 acre tract
and of said Pickett survey about the middle of Ryan Road as the
Northeast pcorner of oint 1035 x 84 26.171 feet East e of tract out of the Northwest s corer 7 S acre
tract at a of said
tract and of said survey,
THENCE North 89 deg 421 4911 East with the North, line of said 117 5
way Road of Farm to Market O Road 121feet
811
acre tract to a corner and the West Right-of-way Ryan
THENCE South 33 deg 491 451' East with said Right-of-Way a distance
of 85 28 feet to the beginning of a curve,
THENCE Southerly with said Right-of-Way around a curve to the
right, having a central angle of 32 deg 241 and 001, a chord of
South 17 deg 371 4511 East, a distance of 774 09 feet, a radius of
1387 3 feet and an arc length of 764,50 feet to a Right-of-Way Pont
at the end of said curve,
tract feet
THENCE tpan l at deg 2SO 454
the Northeast t cowith rner of a 158 l03 acre 294 S
to a steel off
the South end of said 117 5 acre tract,
THENCE South 89 deg 531 West, a distance of 1299 88 feet to a
steel pin at the Southeast corner of said 26 171 acre tractr
THENCE North 00 deg 071 4411 Weft, 1100 57 feet to the PLACE OF
BEGINNING, and containing in all 31 0154 acres of land, there being
0 6559 acre within Ryan Road, leaving a net of 30 3595 acres of
land SAVE AND EXCEPT the following described 17 2027 acres of
land
BEING a tract of land situated In the Ell Pickett Survey Abstract No 1018 in
Donlon County Texas being a pert of that certain 3`1017 aqs tract
described In deed to Golden Triangle Joint Venture retarded In Volume
2440 Page 94 Deed Records Denton County, Texas which Is a pan of a
117 5 acre tract described Indeed to J T Stuart recorded In volume 225,
Page $28, Deed Records Donlon County Texan and being more
particularly described by miles and bounds as follows
BEGINNING at a P K nail In Ryan Road being the Northwest corner of said 31 017
acre tract, a re entrant comer or that certain 55 671 Acre tract destxibad
Indeed to Lakewood West Joint Venture recorded In Volume 2741 page
B07, Deed Records Denton County Texas, said P K nail lying on the
North line of said Pickett Surrey and the South One of the J Fisher
Survey Abstract No 421, by deed call 1015 N fact East from the
Northwext comer of sald 117 $ more vaot from said P K another bears
Norm 00 degrees 4D minutes East, 6 20 feel,
Continued on next page
EXHIBIT "A" - Page Two
THENCE North 69 degrees S7 minutas 00 seconds East with Ryan Road, along the
North line of said 3`1017 sera tract along a South One of s_ld 56 671 acre
tract and with said survey One a distance of 500 01 feet to a P K, null from
which another bears North 00 degrees 29 minutes Well, 2 80 feel,
THENCE South 00 degrees 04 minutes 34 seconds West, ulsbout 26 foal crossing
a wire fence on the South line of Ryon Rood, In all 850 57 foot to a SM
Inch Hudt Zollars capped stool rod
THENCE South 89 degrees 57 minutes 15 seconds East, a ddlance of 793 54 fact
to a 518 Inch steel rod 2 3 teat Cost of • wire !erica on the Wool NOW
One of FM Highway No 21 at (e 20 foot Ads !LO W),
THENCE South 01 degrees 15 minutes 21 seconds East with the West R O W One
of said highway and the East One or said 31 017 acre tract a distance of
260 08 fact to • 513 Inch steel rod 1 3 feet East of a wood fence comet
being the Southwest comer of sold 31 017 acre tract and the Northeast
comer of that censm tract described In deed to Richard 0 Stewed
recorded In Volume 769, Page 653, Dead Records Denton County
Texas,
THENCE North 89 degrees 57 minutes 18 seconds West, generally with a wire
tents, and with the common Ins between said Stewart tract and sold
31 017 acre tract a distance of 1,209 44 feat to a SIB Inch Hu10 Zollars
capped steal rod, 1 6 feel North or amid fence being the southwest comer
of said 31 017 acre tract and the Southeast comer of that certaln tract
described in deed to Richard A. Gray, Jr recorded in Volums 1531, Pape
224 Deed Records, Denton County. Texas, from self 516 Inch capped
rod, a 518 inch steel rod bean South 47 degrees 46 minutes Wool, 2 3S
feel
THENCE North 00 degrees 04 minutes 34 seconds East, With the common
boundary fine between said Gray tract and sold 31 017 acre tract at
653 $a feet a SIB inch steel rod for the most EssleAy Northeast comer of
said Gray tract, end the most southerly Southeast corner of the before
mentioned 58 671 acre tract continuing with an East line of sold 56 671
acre tract, generally with a chain link fence. In ell 1 100 03 feet to the
POINT OF BEGINNING and containing 17 2027 Acres of Lund
0
EXHIBIT B
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