Loading...
PD22-0010fORDINANCE NO. PD22-00 1 Of AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING A CHANGE IN THEZONING DISTRICT AND USE CLASSIFICATION ON APPROXIMATELY 12.77 ACRES OF LAND FROM A PLANNED DEVELOPMENT – MIXED-USE NEIGHBORHOOD (PD-MN)DISTRICT TO AN OVERLAY PLANNED DEVELOPMENT – SUBURBAN CORRIDOR (PD-SC) DISTRICT. THE SITE IS GENERALLY LOCATED AT THE NORTHWEST ANDSOUTHWEST CORNERS OF TEASLEY LANE (F.M. 2181) AND HUNTER CREEK ROADIN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENTTO THE CITY’S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY IN THEMAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (PD22-0010f, Denton West Joint Venture) WHEREAS, Greg Johnson with Verus Commercial, applied on behalf of the property owner, Denton West Joint Venture, for a zoning change from a Planned Development – Mixed- Use Neighborhood (PD-MN) District to an Overlay Planned Development – Suburban Corridor (PD-SC) District on approximately 12.77 acres, legally described and depicted in Exhibit “A“ (hereinafter, the “Property”); and WHEREAS, on April 12, 2023, 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 (5-2) of the amendment; and WHEREAS, on April 18, 2023, the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards for a zoning change to an Overlay Planned Development – Suburban Corridor (PD-SC) District set forth in Section 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 as set 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 a Planned Development - Mixed-Use Neighborhood (PD-MN) District to an Overlay Planned Development – Suburban (PD-SC) District. The Development Standards for the Property are described in Exhibit “B” attached hereto and incorporated herein by reference. Development of the Property shall be in accordance with the Development Standards in Exhibit “B” and the Denton Development Code, as amended. 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 ordinance is 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. „„„dnr=urdinance "” "';E the following vote IK - E] : AyeJJ ,/ LNJa ' Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Jesse Davis, District 3 : VACANT, District 4: Brandon Chase McGee, At Large Place 5 :J-LChris Watts, At Large Place 6: PASSED AND APPROVED this the t St-day of , 2023. MAYOR ATTEST:JESUS SALAZAR, INTERIM CITY SECRETARY ,\It tIllF ;1 \qbD AS TO LEGAL FORM MACK REINWAND, CITY ATTORNEYHilary Negron 2023.04.13 15:41 :00 -05'OO' Exhibit A – Legal Description TRACT 1 BEING a tract of land situated in the J. Fisher Survey, Atstract No, 421, and Ewing a portion of a called 56.014 acre trad of land as desaiM in a Warranty Deed to Denton West Joint Venture as rocorded in Instrurrnnt No. 2011-1 14170 of the Offidal Records of Donton County, Texas, same bing al of Lot 1, Block A of Denton Wnt Joint Venture Addition, according to the Conveyance Plat ther80f recorded in Document No. 202CF8 of the Plat Records of Denton County, Texas, and king more particularly doscritnd as follows: BEGINNING at a 5/8 inch iron rai with plastic cap stamped “KHA set for the northernmost corner of said Lot 1. common to the most easterly corner of Lat IX HOA, Block E ofTeasley Trails Phase III, according to the Minor Amending Plat thereof recorded in Document No. 2017- 95 of the Plat Records of Denton County, Texas, same bing on the westerly right-of-way line of F.M. Highway No. 2181 (Teasley Lane), a variable width right4f-way, and the westerly line of acalled 1.2355 acre tract of land described as Parcel 32 in a deed to State of Texas, as recorded in Instrument No. 201 1-7:U14 of the Official Records of Denton County, Texas; THENCE departing the easterly §ne of said Lot IX. along the easterty line of said Lot 1, thewesterly rightof'way line of said F.M. Highway No. 2181 (Teasley Lane) and the westerly line ofsaid Parcel 32, the following: South 20'46’59" East, a distance of 232.03 feet to a TXDoT rightof-way monument found at the knginning of a tangent cuive to the left having a central angle of 5'48'41", a radius of 2934.79 feet, a chord bearing and distance of South 23'41'20" East, 297.54feet In a southeastedy direction, with said curve to the left, an arc distance of 297.67 feet to a TXDoT rightof-way monument fourxi for comer; South 21'35'01" West, a distance of 1 9.94 feet to a TXDoT right-of-way nnnument found at the knginning of a non-tangent curve to the left having a central angle of 0'10'55", a radius of 2949.68 feet, a chord tearing and distance of South 26'56'38"East, 9.37 feet; In a southeasterty direction, wtth said curve to the left, an arc distance of 9.37 fe8t to an“X” cut set for the southeast corner of san Lot 1 , common to the interseclion of the westerly rightof'way line of said F.M. Highway No. 2181 with the northerly right-of-way line of Hunter’s Creek, a variable width right-of-way; THENCE departing the westerly right-of-way line of said F.M. Highway No. 2181 (Teasley Lane)and the westerty line of said Parcel 32, and along the southerly line of said Lot 1 and the northerly right-ofJway line of said Hunter’s Creek, the fOllOwing : South 67'16'29" West, a distance of 129.40 feet to a mag nail set at the beginning of a tangent curve to the right having a central angle of 22'4CY23", a radius of 367.50 feet, achord bearing and distance of South 78'36'41" West, 144_48 feet; In a southwesterly direction, with said curve to the right, an arc distance of 145.43 feet to a 5/8 inch iron rod with plastic cap stamped -KHA” set for corner; TRACT 2 BEING a tract of land situated in the J. Fisher Survey, Abstract No. 421, and bing a portion of a culled 56.014 acre tract of land as described in a Warranty Deed to Denton West Joint Venture a recorded in Instrurrnnt No. 201 1-1 14170 of the Of6cial RemKis of Denton County,Texas, same being all of Lot 2, Block A of Denton Wbst Jdnt Venture Addition, amoK$ng to theConveyance Plat thereof recorded in Document No. 202CF8 of the Plat Records of Denton County, Texas, and being more particulady described as follows: BEGINNING at an -X” cut in concrete found for the northernmost southeast corner of said Lot 2. common to the southwest corner of a called 1.2355 acre tract of land described as Parcel 32 in a deed to State of Texas as recorded in Instrurrnnt No. 201 1-73414 of the Official Records of Denton County, Texas, the northwest corner of a aIIed 0.ltH7 acre tract of land descritnd asParcel 34 in a deed to State of Texas as recorded in Instrurrent No. 201 1-74805 of the Offidal Records of Denton County, Texas, beIng on the westerly right4f-way line of F.M. Highway No. 2181 (Teasley Lane), a variable width rightof+yay, and on the southeasterN line of said 56.014 acre tract, and the northwesterly line of Lot 1 , Block A of Lakewood Convenient Addition, awording to the plat thereof recorded in Cabinet N, Page 51 of the Plat Records of DentonCounty, Texas; THENCE South 55'32’12" West, departing the westerty right-of-way line of said F.M. Highway No. 2181 (Teasley Lane), along the southeasterly line of saId Lot 2 and the northwesterty line ofsaid Lot 1, a distance of 378.50 feet to the southernmost southeast corner of said Lot 2, being inan asphalt road. known as Ryan Road , and the nonhedy line of a culled l:3.158 acre tract ofland descritnd in a deed to Lockard Denton, LLC (d/Ua Lockard Denton Holdings, LLC), asrecorded in Instrument No. 201367764 of the Offidal Records of Denton County, Texas, fromwhich, a mag nail found for witn ns bars South 42’04’ East, 0.3 feet; THENCE South 88'45'51" West, along the southerly line of said Lot 2. the northerly line of said13.158 acre tract, the northerly line of Hickory Creek Heights according to the Final Plat thereofremrded in Cabinet N, Page 101 of the Plat Records of Denton County, Texas, and along saidRyan Rod, a distance of 499.93 feet to a mag nail set for the southwest corner of said Lot 2,common to the southeast corner of Lot 3, Block A of said Denton West Joint Venture Addition; THENCE departing the northerly line of san Hickory Creek Heights and said Ryan Road, andalong the westedy line of said Lot 2 and the easterly line of said Lot 3, the following: North 0'44'31" West. a distance of 74.60 feet to a point for corner; North 40'09'01" East, a distance of 105.89 feet to a point for corner; North 22'59'38" East, a distance of m.75 feet to a point for corner; North 31'21'21" East, a distance of 50.47 feet to a point for corner North 13'53'08" East, a distance of 57.59 feet to a point for corner; North 10'31'02" East, a distance of 108.30 feet to a poInt for corner; North 3'51'07'’ West, a distance of 59.87 feet to a point for corner; PD22-0010 SIte Location a !!!jF,T g i)6 ’a IIII:& LS e f :if :©iJ II Eliil :a E-ag h IIfi%:fffa II :6)REf:i,8FItS I ZHiHI t \ +lng SITE fIParcels Roads l>F5=i®©$XIIFW ::/ , i BMw •lIB no -}:TIff={in iRa =rJ)= =! !}?%?;\T•a:bqe Exhibit B – Planned Development Standards PD22-0010 Denton West Joint Venture – Planned Development (PD) District General Planned Development StandardsFor 12.77 Acres City of Denton, Denton County, Texas SECTION 1: Purpose. The regulations set forth in these development standards are for the Overlay Planned Development(PD) District as defined in Denton Development Code Section 2.7.3C.1. The PD encompasses a total of 12.77-acres described in Exhibit A (“Property”), Zoning Legal Description. Tract 1, an approximately 3.16-acre tract, is located at the northwest corner of Teasley Lane and Hunters Creek Road. Tract 2, an approximately 9.61-acre tract, is located at the southwest corner ofTeasleyLane and Hunters Creek Road. SECTION 2: Use Regulations. The permitted uses shall be in accordance with Suburban Corridor (SC) District, per the City of Denton Development Code (DDC) Table 5.2.-A, as amended, with the following exceptions: The following uses are prohibited: Multifamily Dwelling Work/Live Dwelling Club or Lodge Funeral and Internment FacilityBusiness or Trade School Hospital Services Medical uses over 25,000 Square FeetKennel Urban Farm Amenity Center Outdoor Recreation Facility Bar, Tavern, or LoungeMobile Food Court Private Club Credit Access Business Printing, Copying, and Publishing Establishment Laundry Facility Tattoo and Body Piercing Parlor Smoke Shop Boarding or Rooming HouseHotel Motel • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Auto Wash Automotive Repair Shop, Major & Minor Automotive Fuel Sales Parking Lot as Principal Use Craft Alcohol Production Food Processing, Less than 2,500 Square Feet Food Processing, More than 2,500 Square Feet Gas Well Artisan Manufacturing Low-Impact Manufacturing Data Center, Warehouse Self-Service Storage Warehouse and Wholesale Facility Accessory Uses o Home Occupation o Outdoor Storage, Accessoryo Sale of Produce & Plants Raised on Premises o Solar Collector, Ground Mounted o Wind Energy Conversion System Temporary Uses o Temporary Storage Containers o Concrete or Asphalt Batching Planto Portable Wireless Telecommunications Tower • A maximum of three (3) drive-through facilities shall be permitted by right within the PD District, and may be located on either Tract 1 or Tract 2 or combination thereof. Additional drive-through facilities within the PD District shall only be permitted with approval of a Specific Use Permit pursuant to the Denton Development Code, Section 2.5.2: SpecifIC Use Permit (SUP) . SECTION 3: Development Standards. Development within this PD shall comply with the Development Standards applicable to the SC Zoning District as provided for in the Denton Development Code, as amended. Additionally, all development within this PD shall comply with the following: Landscaping & Screening A minimum of three Right-of-Way Elements must be selected from DDC Table 7.E, SectionA along all property lines abutting Hunters Creek Road. The following buffers shall be required: Tract 1 Along all property lines shared with the single-family subdivision to the west, a minimum 30-foot-wide landscape buffer shall be provided and must include 30 Buffer Points selectedfrom DDC Table 7.G. Existing tree canopy may count towards the required bufferelements. A fence shall be constructed between the landscape buffer and all development on this Tract designed pursuant to DDC Section 7.7.8: Wall, Fences, and Screening . Tract 2 Along all property lines shared with the multifamily development to the west, a minimum 30-foot-wide landscape buffer shall be provided and must include 30 Buffer Points selected from DDC Table 7.G. Existing tree canopy may count towards the required bufferelements. Site & Building Design Where sidewalks and pedestrian paths traverse driveways, the sidewalk or pedestrian pathshall be designed with patterned and/or colored concrete or pavers. No menu boards or speakers shall be located between a primary structure and Hunters CreekRoad. All building-mounted light fixtures must be installed so that light is directed downward. Parking and vehicular maneuvering areas shall be set back at no less than 25 feet from all property lines adjacent to Teasley Lane and no less than 15 feet from Hunters Creek Road. Signage Free standing signs shall be limited to monument signs. Monument signs shall be no taller than 8 feet in height.