2015-303ORDINANCE NO. 2015-303
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN AMENDMENT
TO THE CONCEPT PLAN AND APPROVING A DETAILED PLAN IN THE PLANNED
DEVELOPMENT 176 (PD -176) ZONING DISTRICT, TRACT 1, TO ALLOW AN 8,249
SQUARE -FOOT CHILD DAY CARE FACILITY (TERRY'S TREEHOUSE) ON A 1.38 -ACRE
PROPERTY LOCATED WITHIN THE WHEELER RIDGE PLANNED DEVELOPMENT
DISTRICT (PD -176). THE SUBJECT SITE IS LOCATED ON THE SOUTH SIDE OF
ROBINSON ROAD, APPROXIMATELY 200 FEET EAST OF TEASLEY LANE (FM 218 1) IN
THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING A SAVING CLAUSE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (PDA15- 0003).
WHEREAS, Applicant Homeyer Engineering ( "Applicant ") requests to develop
approximately 1.38 acres of property located within the Wheeler Ridge Planned Development
District (PD -176), generally located on the South side of Robinson Road, approximately 200 feet
East of Teasley Lane (FM 2181) in the City of Denton, Denton County, Texas and more
particularly described in Exhibit "A" attached hereto and incorporated by reference herein (the
"Property "); and
WHEREAS, PD -176 Zoning District was approved by the City Council on October 5, 1999
pursuant to Ordinance No. 99 -367 to include 168.57 acres of land, which was enlarged to 253.36
acres of land in 2000 under Ordinance 2000 -216, and which includes the Property; and
WHEREAS, the Concept Plan for PD -176, Tract I, was amended in 2009 and 2010,
pursuant to Ordinance Nos. 2009 -302 and 2010 -254, respectively (the "Concept Plan"); and
WHEREAS, the Concept Plan includes the Property, specifically Lot 6, composed of
approximately 0.71 acres and Lot 7, composed of approximately 0.67 acres, but also includes Lot
8, composed of approximately 0.63 acres; and
WHEREAS, Applicant requests to amend the Concept Plan to combine Lots 6 and 7 into
one "Lot 6 ", with Lot 8 relabeled "Lot 7" as depicted in Exhibit "B" attached hereto and
incorporated by reference (the "Amended Concept Plan"); and
WHEREAS, Applicant further requests the approval of a Detailed Plan for the new "Lot
6" in order to develop an 8,249 square foot Child Day Care facility (Terry's Treehouse) on the
Property, as depicted in Exhibits "C" and "D" attached hereto and incorporated herein by
reference; and
WHEREAS, on September 2, 2015, after required notice, the Planning and Zoning
Commission concluded a public hearing as required by law, and recommended approval of the
amended Concept Plan and the Detailed Plan with conditions; and
WHEREAS, the City Council finds that the Amended Concept Plan is consistent with the
plans for the entire PD -176 Zone and the Detailed Plan is consistent with the Amended Concept
Plan, which Amended Concept Plan and Detailed Plan are both consistent with the Denton Plan
and the Denton 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. Concept Plan Amended. The Concept Plan within the PD -176 District, Tract
1, is hereby amended as reflected in Exhibit "B" attached hereto and incorporated by reference.
SECTION 3. Detailed Plan Adopted. The Detailed Plan for the Property is hereby approved
as reflected in Exhibits "C" and "D ", attached hereto and incorporated by reference, subject to the
following conditions:
1. All original conditions of approval and subsequent modifications associated with PD -176
shall remain valid, unless specified herein;
2. The Concept Plan and Detailed Plan as submitted and shown in Exhibits "B" and "C" shall
guide the development of the site; and
3. The elevation drawing submitted and shown in Exhibit "D" shall guide the development
of the 8,294 square foot building.
4. Amend the Detailed Plan to include parking wheel stops or a concrete raised curb at the
westernmost parking spaces to protect day care patrons from adjacent vehicular circulation.
SECTION 4. Savings Clause. The provisions of this ordinance shall govern and control
over any conflicting provisions of previously applicable ordinances. To the extent the previously
applicable ordinances do not conflict or do not apply to Tract I of PD -176, those Ordinances shall
continue in full force and effect.
SECTION 5. Amended PD. A copy of this ordinance shall be attached to Ordinance No.'s
99 -367, 2000 -216, 2009 -302, 2010 -254, 2013 -076, and 2013 -182 showing the amendment herein
approved, or attached to any other applicable ordinances as determined by the Director of
Development Services, or his /her designee.
SECTION 6. Penalty. Any person, firm, entity or corporation violating any provision of
this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00 for each violation.
Each day that a provision of this ordinance is violated shall constitute a separate and distinct
offense. The penal provisions imposed under this Ordinance shall not preclude Denton from filing
a civil suit to enjoin the violation and it retains all legal rights and remedies available under local,
State, and Federal law.
SECTION 7. Severability. If any provision of this Ordinance or the application thereof to
any person or circumstance is held invalid by any court, such invalidity shall not affect the validity
of the provisions or applications, and to this end the provisions of this Ordinance are severable.
SECTION 8. Effective Date. 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 its passage.
PASSED AND APPROVED this the ..m day of 2015.
CHRIS WIATTS, AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ��. 61 , L,
Page 3 of 7
STATE OF TEXAS
COUNTY OF DENTON
Exhibit A
Legal Description
[LEGAL DESCRIPTION]
Being all that certain lot, tract or parcel of land situated in the B. Merchant Survey, Abstract Number 800
in the City of Denton, Denton County, Texas and being a part of Lot 2, Block A of Wheeler Ridge
Commercial, an addition to the City of Denton, Denton County, Texas according to the Conveyance Plat
thereof as recorded in Document Number 2010 -177 of the Plat Records, Denton County, Texas; the subject
tract being more particularly described as follows;
BEGINNING at a capped 1/2" iron rod stamped "KAZ" set for the Northwest corner of the herein described
tract and the Northeast corner of Lot 5, Block A of Wheeler Ridge Commercial, an addition to the City of
Denton, Denton County, Texas according to the Final Plat thereof, as recorded in Document Number 2011-
128 of the Plat records, Denton County, Texas and being in the South Right of Way line of Robinson Road;
Thence South 89 degrees 13 minutes 15 seconds East with the South line thereof a distance of 196.74 feet
to a capped 1/2" iron rod stamped "KAZ" set in the South line of said road;
Thence South 62 degrees 19 minutes 41 seconds East with the South line thereof and North line of said Lot
2 a distance of 10.33 feet to a capped ''/2" iron rod stamped "KAZ" set for in the South line of said road;
Thence South 89 degrees 25 minutes 42 seconds East with the said common line a distance of 92.29 feet to
a capped ''/2" iron rod stamped "KAZ" set for in the South line of said road and North line of said Lot 2 for
the Northeast corner of the herein described tract;
Thence South 00 degrees 32 minutes 04 seconds West a distance of 202.13 feet to a capped ''/2" iron rod
stamped "KAZ" set for the Southeast corner of the herein described tract and being in the South line of said
Lot 2 and the North line of Lot 1, Block A of Wheeler ridge Commercial, an addition to the City of Denton,
Denton County, Texas according to the Final Plat thereof, as recorded in Document Number 2010 -178 of
the Plat Records, Denton County, Texas;
Thence South 87 degrees 35 minutes 40 seconds West with the common line thereof a distance of 208.73
to a'' /2" iron rod found for the Northwest corner of said Lot 1 and being in the East line of Lot 4, Block A
of Wheeler Ridge Commercial, an addition to the City of Denton, Denton County, Texas according to the
Final Plat thereof, as recorded in Document Number 2013 -142 of the Plat Records, Denton County, Texas;
Thence North 01 degrees 17 minutes 03 seconds East with the West line thereof a distance of 25.64 feet to
a capped '/2" iron rod stamped "KAZ" set for the Northeast corner of said Lot 4;
Thence North 87 degrees 14 minutes 34 seconds West with the North line thereof a distance of 79.27 feet
to a "X" cut found for the Southwest corner of the herein described tract and being in the north line of said
Lot 4 and the Southeast Curve of said Lot 5;
Thence North 02 degrees 24 minutes 20 seconds West with the East line thereof a distance of 190.00 feet
to the PLACE OF BEGINNING and enclosing 1.38 acres of land more or less
Page 4 of 7
Exhibit B
(Concept Plan)
Page 5 of 7
Exhibit C
(Detailed Plan)
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Exhibit D
(Elevations)
NOM aHON
Page 7 of 7