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PD22-0006aORDINANCE NO. PD22-OO06a AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING A CHANGE IN THEZONING DISTRICT AND USE CLASSIFICATION ON APPROXIMATELY 2.407 ACRES OFLAND FROM A MIXED-USE NEIGHBORHOOD (MN) DISTRICT TO A PLANNEDDEVELOPMENT (PD) DISTRICT. THE SITE IS GENERALLY LOCATED AT THESOUTHEAST CORNER OF US 380 AND ECTOR STREET IN THE CITY OF DENTON,DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY’S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (PD22-0006a, Home Zone) WHEREAS, Mike Clark with Winkelmann & Associates, Inc., applied on behalf of the company owner, James Tritt, for a zoning change from Mixed-Use Neighborhood (MN) District to a Planned Development (PD) District on approximately 2.407 acres, legally described and depicted in Exhibit “A“ (hereinafter, the “Property”); and WHEREAS, on September 14, 2022, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, having given the requisite notices by publication and otherwise, and having held due hearings and afforded full and fair hearings to all property owners interested in this regard, and have recommended approval (6-0) of the amendment; and WHEREAS, on September 27, 2022, the City Council likewise conducted a public hearingas required by law, and finds that the request meets and complies with all substantive and procedural standards for a zoning change to a Planned Development (PD) District set forth inSection 2.7.3 of the Denton Development Code, and is consistent with the Denton 2040 Comprehensive Plan and the Denton Development Code; and WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for a change in the zoning classification of the property, have determined that the proposed use is in the best interest in the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that said zoning change is in the public interest and should be granted asset forth herein; 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. The zoning district and use classification for the Property is hereby changed from Mixed-Use Neighborhood (MN) District to a Planned Development (PD) District. The Development Standards for the Property are described in Exhibit “B” attached hereto and incorporated herein by reference, and the PD Development Plans depicting development layout for the Property is provided in Exhibit “C“ attached hereto and incorporated herein by reference. Development of the Property shall be in accordance with the Development Standards in Exhibit “B” and the Development Plans in Exhibit “C”. SECTION 4. The City’s official zoning map is hereby amended to show the change in the zoning district and use classification. SECTION 5. 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 6. Any person, firm, entity or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinanceis violated shall constitute a separate and distinct offense. SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, 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. The motion to approve this ordinance wasseconded by h'Ma VL%the following vote [1 - Z] : rtA,4made by andon , the ordinance was passel Id approved by Aye \/ L/ V/ Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1 : Brian Beck, District 2: Jesse Davis, District 3:-Z Alison Maguire, District 4:IZ y‘ V/ Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED this the JU day of AbE, 2022. aix–F$1i65mrwA–Y–M ATTEST: ROSA RIOS, CITY SECRETARY L\\\t 11111111 Za/_ _Z;) /IP APPROVED AS TO LEGAL FORM:MACK REINWAND. CITY ATTORNEY +a1hh\ / tALF 1; : ; ;( liTlg: : : : o 4 : 3 9 BY: J v -05'OO' Exhibit A Legal Description TRACr DEscRiPrioN STATE OF TEXAS $couMrYOF DEHrON $ BEING the remainder of Lot 1 and all of Lots 2 and 3, Block 2, Revised Roberts Addition, an addition to the City of tknton, Denton County, Texas, according to the plat thereof recorded in Volume 346, Page 405, of the Deed Records of Denton County, Texas (D.R.D.C.T.), and being more particularly described asfollows: BEGINNING at a 1/2.inch iron rod with red plastic cap stamped "W.A.1. 5714" set for the Northeast end of a corner dip at the IntenecUon of the South dghtof.way line of W. University Drive (variable width right-of-way) and the East right-of-way line of Ector Street (ICCy rlghtof-way), said corner clip created by document to the State of Texas, recorded in Volume 4344, Page 1242, D.R.D.C.T. i THENCE South 89 deg CD min 49 sec East, departing said corner clip and along said South @ht-of-way line, a distance of 271.90 feet to a 1/2.Inch Iron rod wIth plastIc cap stamped -JPH LANDS- found for corner, said iron rod king the Northeast corner of said Lot 1, Block 2 and the Northwest corner of Westchester Park Addition, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Volume 2, Page 136, Plat Records, Denton County, Texas; THENCE South 00 deg 14 min 26 sec West, departing the South rightuf-way line of said W. University Drive and along the West line of said Westchester Park Addition, a distance of 355.78 feet to a 1/2,inch iron rod with red plastic ap stamped "WA.1. 5714" set for corner, said iron rod being the Southeast corner of said Int 3, Block 2; THENCE North 89 deg 20 min 55 sec West, departing the West line of said Westcttester Park Addition and along the 9>uth Une of saId Lot 3, Bk>ck 2, a dIstance of 291.94 feet to a 1/2-nch Iron rod found for the Southwest corner of said Lat 3, Black 2, said iron rod being situated in the East rt8htof-way line of said Ector Street; THENCE North CD deg 14 mIn 18 sec East, departing the South IIne oF saId Lat 3, Block 2 and along said East rightof-way line, a distance of 338.14 feet to a 1/2-inch Iron rod wIth plastic cap stamped -JPH LANDS" found at the Southwest end of said Corner clip; THENCE North 51 deg 43 mIn 32 sec East, departIng the East right.of-way line of said Ector Street and ak>ng satd corner clip, a distance of 29.48 feet to the POIMT OF BEGINNING. CONTAINING within these meta and bounds 2.407 acres or IOt,861 square feet of land, more or less. Bearings shown henan are based upon an onthe€round Survey performed in the field on the 19th day of October, 2021, Zone (4202), NAD b(%$ Exhibit B – Planned Development Standards PD22-0006 HOME ZONE – Planned Development (PD) District General Planned Development StandardsFor 2.407 Acres City of Denton, Denton County, Texas SECTION 1: Purpose. The regulations set forth in this section of the development standards are for the Planned Development (PD) District. The PD encompasses a total of 2.407-acres described in Exhibit A (“Property”), Zoning Legal Description. SECTION 2: Use Regulations. The permitted uses shall be in accordance with MN – Mixed-Use Neighborhood District, per the City of Denton Development Code (DDC) Table 5.2.-A, and as amended, with the following exception below: A General Retail use that is more than 15,000 square feet will be permitted by right. SECTION 3: Dimensional Standards. The Dimensional Standards shall follow the MN Zoning District as provided for in the DDC, and as amended. LandscapingThe planting locations along US 380, Ector Street, and in the interior of the lot may be adjusted during Civil Engineering Plans (CEPs) and Final Plat (FP) review to accommodate the relocation of the cross-access connection, and the removal or relocation of the proposed driveway along US 380. Plantings must substantially conform with the landscape elements, number of trees, and minimum landscape and tree canopy percentages shown on the Planned Development Plan exhibit C), as well as all elements of the Denton Development Code. Species of plants and trees may be exchanged, based on availability, with the City of Denton Planning Director’s approval if they meet the intent of the plans attached in Exhibit C – Planned Development Plan. Evergreen species may only be exchanged for other native evergreen species; however, deciduous species may be exchanged for other species of equivalent mature size. Buffers As shown in Exhibit C – Planned Development Plan, a minimum 15-foot-wide buffer shallbe located on the south and southeast side of the Property adjoining the existing R3 (Residential 3) zoning district and residential uses, and generally extending the length of the southern property line (approximately 295 feet) and extending approximately 173 feet north from the southeastern property corner. Located within the 15-foot buffer shall be an eight- foot-taII masonry screen wall with plantings located on the interior side (north and west sides) of the wall. Details of plantings are shown in Exhibit C. Parking and other paving may be located within the 15-foot buffer but shall not exceed nine percent (9%) of this buffer area as shown on Exhibit C. Development shall be required to meet the minimum buffer points required for development within the MN district when adjacent to Single-family detached uses per the Denton Development Code Section 7.7.6A. SECTION 4: Parking Location of parking shall be per Denton Development Code Section 7.9.6 except as follows: Off-street parking areas located between the front building fagade and the adjacent street frontage shall be permitted. Minor alterations to what is shown on the PD Development Plan to relocate parking spaces impacted by the driveway relocation, may be approved by City staff, provided that the final configuration complies with the requirements of the Denton Development Code and this PD District. SECTION 5: Building Design Regulations. Building Design shall be per the Denton Development Code, Subchapter 7: Development Standards except as follows: Building ElevationThe building’s east elevation shown on Exhibit C – Planned Development Plan shall be required to meet Denton Development Code Section 7.10.5D, Building Mass and Form . Staff may approve modifications to the east elevation that meet or exceed the DDC requirements. SECTION 6: Access Control. Property access shall be per the Denton Development Code, Subchapter 7: Development Standards and per the City of Denton Transportation Criteria Manual except as follows: Access to US 380 Access to the property shall be prohibited from US 380 unless the proposed driveway is approved by the Texas Department of Transportation (TxDOT). Access requirements may be satisfied off-site through a cross-access connection between the PD District and the eastern adjacent nonresidential property located along US 380. 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