2010-254FILE REFERENCE FORM 2010-254
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FILE(S) Date Initials
Amended b Ordinance No. 2013-076 03/19/13 J R
Amended by Ordinance No. 2013-182 07/16/13 J R
Amended by Ordinance No. 2015-303 09/15/15 J R
cAdocuments and settings\jerichar\local settings\temporary intemet files\content,outlook\95yned3n\wheeler ridge commercial pd amendment.doc
ORDINANCE NO. 2010-254
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SUPERSEDING AND
REPLACING ORDINANCE 2009-302; AMENDING THE EXISTING CONCEPT PLAN FOR
APPROXIMATELY 9.08 ACRES OF LAND WITHIN THE PLANNED DEVELOPMENT 176
(PD-176) ZONING DISTRICT, GENERALLY LOCATED AT THE SOUTHEAST CORNER
OF TEASLEY LANE (FM 2181) AND ROBINSON ROAD, IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; AMENDING THE PREVIOUSLY APPROVED DETAILED
PLAN ON APPROXIMATELY 4.05 ACRES, LOCATED WITHIN SAID CONCEPT PLAN
AMENDMENT; APPROVING A NEW DETAILED PLAN FOR APPROXIMATELY 0.83
ACRES OF LAND LOCATED WITHIN SAID CONCEPT PLAN AMENDMENT;
PROVIDING A SAVING CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, PROVIDING FOR
SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. (Z10-0006 AND PDA10-
0004)
WHEREAS, on December 1, 2009, Ordinance No. 2009-302 the City Council approved a
concept plan amendment for 9.08 acres of land within the Planned Development 176 (PD-176)
zoning district, and approved a detailed plan for 4.05 acres of land therein; and
WHEREAS, CEI Engineering Associates, Inc., has applied for a new detailed plan for
0.86 acres of land located within the 2009-302 concept plan amendment area, but separate from
the 4.05 acre detailed plan previously approved therein; and
WHEREAS, on August 25, 2010 the Planning and Zoning Commission concluded a
public hearing as required by law, and recommend approval of the new 0.83 acre detailed plan,
with conditions necessitating the amendment of the conditions associated with Ordinance 2009-
302, as applied to the 9.08 acre concept plan amendment and the 4.05 acre detailed plan
amendment previously approved therein; and
WHEREAS, the City Council finds that the requested 0.83 acre detailed plan, as well as
the amendments to the previously approved 9.08 acre concept plan amendment and 4.05 acre
detailed plan, are consistent with the previously approved Concept Plans for PD-170, PD-172
and PD-176, and are consistent with the Denton Plan and the Development Code; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference and found to be true.
SECTION 2. Ordinance 2009-302 is hereby superseded and replaced in its entirety, and
the concept plan amendment therein approved for 9.08 acres of land within Planned
Development 176 (PD-176), legally described in Exhibit A, attached hereto and incorporated
herein by reference (hereinafter, the "Concept Plan Amendment Property"), is hereby amended
and superseded by the concept plan attached hereto and incorporated herein by reference as
Exhibit B (hereinafter, the "Concept Plan Amendment"), subject to the following amended
conditions:
1. The developer shall provide a 20-foot landscape buffer on the south and east side of the
site as shown and attached in Exhibit C.
2. The access from Teasley Lane to the site is restricted to a right-in and right-out driveway.
The developer shall be responsible for construction of a right turn lane per the City
Engineer's standards.
3. The easternmost driveway from Robinson Road to the site shall be permitted upon
platting and completion of a right turn lane on eastbound Robinson Road and a left turn
lane on westbound Robinson Road into the driveway.
4. The westernmost access from Robinson Road shall be prohibited until a traffic signal is
installed at the corner of Teasley Lane and Robinson Road, or until the City Engineer
verifies that the total traffic count exceeds ten thousand (10,000) trips per day for the
entire 9.08 acre site.
5. The developer shall provide a terminus at Lost Pony drive, with pedestrian and bicycle
connectivity.
6. The southern and eastern rear walls of the self storage structures shall be constructed as
per the elevations attached in Exhibit D. The main facility office shall be constructed as
per the attached elevation in Exhibit E.
SECTION 3. The detailed plan approved in Ordinance 2009-302, on property legally
described in Exhibit F, attached hereto, and incorporated herein by reference (hereinafter, the
"4.05 acre Detailed Plan Property") is hereby amended and superseded by the amended detailed
plan, attached hereto and incorporated herein by reference as Exhibits B, C, D and E (hereinafter,
collectively referred to as the "4.05 acre Amended Detailed Plan"), and is further subject to the
six conditions imposed upon the Concept Plan Amendment, detailed above in Section 2 of this
Ordinance.
SECTION 4. The detailed plan proposed by the applicant, on 0.83 acres of land legally
described in Exhibit G, attached hereto and incorporated herein by reference (hereinafter, the
"0.83 acre Detailed Plan Property") is hereby approved as depicted in Exhibit H, attached hereto
and incorporated herein by reference (hereinafter, the "0.83 acre Detailed Plan"), and is further
subject to the following conditions:
1. All original conditions of approval and subsequent modifications associated with
Planned Development 176 (PD-176), including the six conditions imposed upon the
Concept Plan Amendment, detailed above in Section 2 of this Ordinance, shall remain
valid unless specified otherwise herein.
2. Uses within this detailed plan shall be limited to those permitted within the
Commercial (C) zoning district approved within Planned Development 176 (PD-176).
SECTION 5. The provisions of this ordinance as they apply to the Detailed Plan
Property shall govern and control over any conflicting provisions of Ordinances 99-257, 99-367,
99-405, 2000-216 and 2003-062, but all the provisions of Ordinances 99-257, 99-367, 99-405,
2000-216 and 2003-062, as they apply to those remaining portions of the planned development
2
district not herein amended, shall continue in force and effect and shall apply to the remainder of
said district.
SECTION 6. A copy of this ordinance shall be attached to Ordinances 99-257, 99-367,
99-405, 2000-216, and 2003-062 showing the amendment herein approved.
SECTION 7. 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 8. 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, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of i s passage. PA
SSED AND APPROVED this the day of h4466 '2010.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
3
BY:
APP VED AS O LEGAL FORM:
EXHIBIT "A"
Wheeler ranch commercial block a lot 1 and lot 2, a 9.08 acre tract of land lying and being
situated in the B. Merchant Survey, Abstract Number 800, City of Denton, Denton County, Texas, and
being a part of a called 167.477 acre tract described in a deed to Wheeler Ranch, LTD., Recorded in
volume 4288, page 1637, real property records, Denton County, Texas, and being more particularly
described as follows:
Beginning at a found 1/2 inch iron pin on the west line of said Wheeler Ranch tract on the east right-
of-way line of Teasley Lane (F.M. 2181), at the western most northwest corner of wheeler ridge,
phase three, an addition to the City of Denton, according to the plat thereof recorded in cabinet v,
page 991, plat records, Denton County, Texas;
Thence north 02 degrees 24 minutes 20 seconds west a distance of 620.88 feet to a 1/2 iron rod
found for corner;
Thence north 43 degrees 55 minutes 58 seconds west a distance of 56.61 feet to a 1/2 iron rod found
for corner;
Thence south 89 degrees 25 minutes 42 seconds east a distance of 573.33 feet to a 1/2 iron rod
found for corner;
Thence south 02 degrees 22 minutes 24 seconds east a distance of 630.23 feet to a 1/2 iron rod
found for corner;
Thence south 87 degrees 35 minutes 40 seconds west with a north line of said Wheeler Ranch
Addition, a distance of 613.15 feet to the point-of-beginning, and containing 9.08 acres of land.
Exhibit B
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Exhibit D
PROPOSED ADVANTAGE STORAGE FACILITY
F. M. 2181 (TEASLEY DRIVE)+
DENTON, TEXAS STORAGE
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Exhibit E
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EXHIBIT "F"
Wheeler Ridge Commercial Lot 1 Block a, a 4.05 acre tract of land lying and being
situated in the B. Merchant Survey, Abstract number 800, City of Denton, Denton
County, Texas, and being a part of a called 167.477 acre tract described in a deed to
Wheeler Ranch, LTD., recorded in volume 4288, page 1637, real property records,
Denton County, Texas, and being more particularly described as follows:
Beginning at a found 1/2 inch iron rod on the west line of said Wheeler Ranch tract on
the east right-of-way line of Teasley Lane (F.M. 2181), at the western most northwest
corner of wheeler ridge, phase three, an addition to the City of Denton, according to the
plat thereof recorded in cabinet v, page 991, plat records, Denton County, Texas
Thence north 02 degrees 24 minutes 20 seconds west with the west line of said
Wheeler Ranch tract on the east right-of-way line of Teasley lane (F.M. 2181), a
distance of 70.00 feet to a 1/2 inch iron rod found for corner;
Thence north 87 degrees 35 minutes 40 seconds east a distance of 271.15 feet to a 1/2
iron rod found for corner;
Thence north 02 degrees 24 minutes 20 seconds west a distance of 380.00 feet to a 1/2
inch iron rod found for corner;
Thence north 87 degrees 35 minutes 40 seconds east a distance of 350.26 feet to a
found 1/2 inch iron rod in the west line of said wheeler ridge, phase three;
Thence south 02 degrees 22 minutes 24 seconds east with a west line of said Wheeler
Ridge Addition, a distance of 450.00 feet to a found 1/2 inch iron rod at an inner ell
corner of said Wheeler Ridge Addition;
Thence south 87 degrees 35 minutes 40 seconds west with a north line of said Wheeler
Ridge Addition, a distance of 621.15 feet to the point-of-beginning, and containing 4.05
acres of land.
Exhibit G
(Legal Description)
ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE B.
MERCHANT SURVEY, ABSTRACT NUMBER 800, CITY OF DENTON, DENTON COUNTY, TEXAS,
AND BEING A PART OF A CALLED 167.477 ACRE TRACT DESCRIBED IN A DEED TO WHEELER
RANCH, LTD., RECORDED IN VOLUME 4288, PAGE 1637, REAL PROPERTY RECORDS, DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND 1/2 INCH IRON ROD AT THE INTERSECTION OF THE EAST RIGHT-OF-
WAY LINE OF TEASLEY LANE (F.M. 2181) AND THE SOUTH RIGHT-OF-WAY LINE OF ROBINSON
ROAD AT THE NORTHERN MOST NORTHWEST CORNER OF LOT 2, BLOCK A, WHEELER RIDGE
COMMERCIAL CONVEYANCE PLAT;
THENCE SOUTH 89 DEGREES 13 MINUTES 15 SECONDS EAST WITH THE SOUTH RIGHT-OF-WAY
LINE OF ROBINSON ROAD, A DISTANCE OF 156.66 FEET TO A 1/2 INCH IRON PIN WITH A
YELLOW PLASTIC CAP STAMPED "METROPLEX 1849" SET FOR CORNER ON THE SOUTH RIGHT-
OF-WAY LINE OF ROBINSON ROAD;
THENCE SOUTH 02 DEGREES 24 MINUTES 20 SECONDS EAST, A DISTANCE OF 190.00 FEET TO
A 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849" SET FOR
CORNER;
THENCE NORTH 89 DEGREES 13 MINUTES 15 SECONDS WEST, A DISTANCE OF 193.00 FEET TO
A 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849" SET ON THE
EAST RIGHT-OF-WAY LINE OF TEASLEY LANE (F.M. 2181);
THENCE NORTH 02 DEGREES 24 MINUTES 20 SECONDS WEST WITH THE EAST RIGHT-OF-WAY
LINE OF TEASLEY LANE (F.M. 2181), A DISTANCE OF 153.52 FEET TO A 1/2 INCH IRON PIN WITH
A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849" SET FOR CORNER;
THENCE NORTH 44 DEGREES 04 MINUTES 21 SECONDS EAST, A DISTANCE OF 50.04 FEET TO
THE POINT OF BEGINNING AND CONTAINING IN ALL 0.825 ACRES OF LAND.
Exhibit H
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