2001-027 ORDiNANCE NO 52~t~0/~t~'~7
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR A CHANGE
FROM AGRICULTURAL (A) ZONiNG DISTRICT CLASSIFICATION AND USE
DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO ALLOW FOR SINGLE-FAMILY AND
NEIGHBORHOOD SERVICE RETAIL USES FOR APPROXIMATELY 19 59 ACRES
LOCATED ON THE NORTHEAST SIDE OF THE INTERSECTION OF TEASLEY LANE
AND RYAN ROAD AND LEGALLY DESCRIBED AS 19 59 ACRES IN THE B LEWIS
SURVEY, ABSTRACT NO 769, THE E PICKETT SURVEY, ABSTRACT NO 1018, AND
THE J FISHER SURVEY, ABSTRACT NO 421, IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS, PROVIDING FOR APPROVAL OF A ZONING PLAN FOR THE
DISTRICT, PROVIDING FOR A PENALTY iN THE MAXIMUM AMOUNT OF $2,000 00
FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (ZP-00-
009)
WHEREAS, on March 2, 2000, the C~ty Council adopted Ordinance No 2000-046 which
established certatn resldentml interim regulations (the "Residential Interim Regulations"),
WHEREAS, the Residential Interim Regulations estabhshed, among other things, a
Zomng Plan reqmrement in the event of a request to rezone property, and
WHEREAS, on March 2, 2000, the City Councd adopted Ordinance No 2000-069 which
established certmn nonresidential interim regulations (the "Nonresidential Interim Regulations"),
WHEREAS, the Nonres~dentml Interim Regulations estabhshed, among other things, a
Zoning Plan reqmrement m the event of a request to rezone property, and
WHEREAS, SENTCorp, on behalf of Mortenson Broadcasting Co, has submitted a
Zomng Plan under both the Residential Interim Regulations and Nonres~dentml Interim
Regulations, a copy of which ~s attached hereto as Exhibit "B", for 19 59 acres of land located at
the northeast sade of the ~ntersect~on of Ryan Road and Teasley Lane currently zoned
Agricultural (A), wtth the intent to develop a single-family residential subdivision as well as
neighborhood service retml, and
WHEREAS, on November 8, 2000, the Planmng and Zoning Commission recommended
approval ofa Zomng Plan for such 19 59 acres, and
WHEREAS, the City Council finds that the Zomng Plan, w~th the condltaons ~mposed
herein, if any, meets the reqmrements of the Residential Interim Regulations and the
Nonresldentml Interim Regulations and ~s consistent with the approved 1999-2020 Denton
Comprehensive Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS
SECTION 1 The zoning district classification and use designation of the 19 59 acre
property described m the legal description attached hereto and incorporated herein as Exhibit
"A" is changed from Agricultural (A) zomng district classification and use designation to
Planned Development (PD) zoning district classification and use designation and a Zoning Plan
for the 19 59 acres is adopted, said Zoning Plan being attached hereto and incorporated herein as
Exhibit "B" for all purposes, subject to the following conditions
1 Lighting on the property shall be designed and maintained so as not to shine on or
otherwise chsturb surrotmdmg residential property or to shine and project upward to
prevent the diffusion into the mght sky
2 Uses allowed m the Neighborhood Service section shall be limited to the list shown in
Exhibit "C"
3 The ProJect Plan must provide for pedestrian and vehicular connectivity between the
proposed neighborhood service and residential uses
4 Architectural design in the neighborhood service area shall be compatible to that of
the residential area and shall incorporate Urban Design Pnnclples as identified in The
Denton Plan
5 Open space shall be privately owned and maintained
6 Pole aignage shall be prohibited
SECTION 2 The City's official zomng map ~s amended to show the change in zomng
dlsmct classification
SECTION 3 Any person wolatmg 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
~s 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 d~rected to cause the caption of this ordinance to be
published twice in the Denton Record Chromcle, official newspaper of the City of Denton,
Texas, within ten (10) days of the date of ItS passage
P^SSED * PROVED sthe day of ,2001
EULINE BROCK, MAYOR
PAGE 2
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPi~OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 3
EXHIBIT A
19 $94 ACRES
FIELD NOTES to all that eertam tract of land situated m the Benjamin Lew~s Survey
Abstract Number 769, the E Pickett Survey Abstract Number 1018, and the Jeremiah
Fmher Survey Abstract Number 421, m Denton County, Texas and berne all of the called
19 571 acre ~aact as described m the deed from Heftel Broadcasting Texas, L P to
Mortenson Broedeastmg Company of Canton recorded under Clerk's Fde Number 97-
R0055904 of the Real Property Records of Denton County, Texas, the subject tract being
more parUcularly described as follows
BEGIIWNIIWG for the Southwest comer of the tract being described hereto at a 1/2 meh
~mn rod set for the Southwest comer of the smd 19 571 acre trect and the Northwest
comer of Lakewood Estates as shown by the plat thereof recorded in Cabinet C, Page 193
of the Plat Records of Denton County, Texas m the Northeast line of F M 2181,
THENCE w~th the East fight-of-way ofF M 2181 along the arc of a curve to the left
having a radius of 1,477,39 feet, an arc length of 7 52 feet (chord beanng North 34
Degrees 18 Minutes 28 Seconds West a distance of 7 52 feet) to the end oftbe smd curve
from whloh a right-of-way monument bears North 39 Degrees 12 M. mutes 11 Seconds
West a thstanee of 1 42 feet,
THENCE North 34 Degrees 27 Minutes 13 Seconds West w~th the Northeast line of F
M 2181 and the West line of the 19 571 acre tract a distance of 662 70 feet to a 1/2 inch
iron rod set for the Northwest comer thereof and the Southwest comer of OTE Addmon
as shown by the plat thin. of recorded m Cabinet M, Page 116 of the Plat Records of
Denton County, Texas, -~
THHNCE North 71 Degrees 09 Minules 15 Seconds East vath the South hne of (}TE
Addition part of the way pasmng at a chstanee of 291 89 feet a 3/8 tach iron rod found at
the Southeast comer thereof mid the Southwest comer of Lot 4, Bloak D, Summit Oaks
Addxtlon, Phase I as shown by the plat thereof recorded m Cabmet P, Page 163 & 164 of
the Plat Rn~ords of Denton County, Texas and contmtung, m all, a total distance of
845 67 feet to a 1/2 inch iron md found at thc South comer of Lot 13, Block D and a
reentrant comer of the 19 571 acre tract,
THENCE North 12 Degrees 38 Minutes 33 Seconds East vath the East line of Block D,
Sum_mit Oaks Addthon and the West llne of lhe 19 571 acre tra~t a distance of 309 60
feet to a I/2 inch iron rod found al the Northwest comer thereof,
THF_2qCE North 88 Degrees $//Minutes 17 Seconds East with the North line of the
19 571 a~re tract a distan0e of 387 97 feet to a fence comer post at the Northeast comer
thereof,
THENCE South 00 Degrees 23 MmuIes 46 Seconds East along a fence wxth the East line
of the 19 571 acre tract a d~stance of 981 35 feet to a 5/8 tach iron rod found at the
Southeast oomer thereof m the North hne of the smd Block 1, Lakewood Estates,
TI-IENCE South 89 Degrees 58 Minutes 13 Seconds West along a fence ~th the North
hne of Block 1, Lakewood Estates ~md the South hne of thc 19 571 acre tract a distance
of 625 50 feet to a 1/2 tach uon rod found at a reentrant comer thereof and the Northerly
Northwest comer of Block 1, Lakewood Estates,
THENCE South 01 Degrees 18 Mmuies 59 Seconds West along a fence w~th the West
line of Block 1, Lakewood Estates and the East hne of the 19 571 acre tract a distance of
140 66 feet to a 1/2 tach xron rod found at the Southerly Southeast comer thereof and a
sahent comer of Block 1, Lakewood Estales,
THENCE South 88 Degrees 32 Minutes 01 Seconds West along a fence w~th the South
line of Block 1, Lakewood Estates and the South hne of the 19 571 acre tract a distance
of 241 45 feet to the PLACE OF BEGINNING and enclosing 19 594 acres of land
EXHIBIT C
ZP-00-009
L~stofPermi~ed Uses~n Neighborhood Se~ce R~mlAma
Art Gallery of Museum
Chumh or Rectory
Inst~tution of Rehglous or Philanthropic Nature
Park, Playground or Pubhc Commumty Center
Telephone, business office
Antique Shop
Bakery or Confectionery Shop (Retail)
Cleamng and Pressing Small Shop and Pickup
Custom Personal Service Shop
Drapery, Needlework or Weawng Shop
Florist or Garden Shop
Handlcmft Shop
Laundry or Cleaning, Self Servme
Offices, Professional and Admmmtrat~ve
Restaurant
Retml Stores and Shops 4,000 Square Feet or Less
Studio for Photographer, Musician, Artist or Health