2001-150 ORDr A CE NO
O Or ANCE DE THE CITY oF DENTON, TEX S TO
COMP~HENSWE PL~ ~E~ME~ FOR 13 16 AC~S LOCATED ~TH~
~IGHBO~OOD CENTER L~ USE DESIGNATION, TO CH~GE TO CO~TY
MIXED USE CENTER LA~ USE DESIGNATION, THE S~JECT PROPERTY BErG
LOCATED AT THE SOUTH~ST CO~ER OF TEASLEY LA~ ~ RYAN RO~,
PROVID~G A SAV~GS CLAUSE ~ PROVID~G FOR ~ EFFECTWE DATE (CA-
00-002)
~E~AS, on December 7, 1999, ~e C~ty Co~cfl p~su~t to ~dm~ce No 99-439
Mopted tho 1999-2020 Demon Comprehensive PI~ (~e "Denton PI~'),
~E~AS, The Denton PI~ ostabhshed, ~ong o~er things, a Comprehensive PI~
~en~ent reqmrement ~n ~e event of a r~uest for l~d uses ~at are lnconslst~t w~th ~e
Denton PI~, ~d
~E~AS, on November 20, 2000, Jones ~d Cmer, ~c, on behalf of The ~cher
Comply, apphed for ~ men~ent to ~e Denton PI~ to ch~ge l~d uses for 17 16 acres of
lind located on the southwest comer of Teasley L~e ~d Ry~ Road ~ pmmul~ly described m
Exhibit "A' attached hereto ~d made a pm hereof by reference (the "Pmpe~y"), ~om
Neighborhood Cente~ l~d use desl~aUon to Co~unl~ Mixed Use Center l~d use
des~atton wl~ ~e intent to develop a development that includes retml, resta~t, ~d office
uses, ~d
~E~AS, on M~ch 14, 2001, the Plying ~d Zomng Co~sslon r~o~ended
demal of ~e requested amen~ent to the Denton PI~,
~E~AS, on M~ch 16, 2001, Jones ~d C~er, Inc focally appealed the decmmn of
· e Plying ~d Zomng Co~lssmn to the C~ty Co~cll, NOW, THE~FO~,
THE CO~C~ OF THE CITY OF DENTON HE.BY O~S
SECTION 1 The D~ton PI~ ~s hereby ~ended to ch~ge the l~d use des~aUon for
the Prope~y ~om Neighborhood Center to Co~ty Mixed Use Center The C~ Co~cfl
finds ~at ~s Comprehensive PI~ ~en~ent ~s in the pubhc ~nterest
SECTION 2 C~ty Staff ~s &retted to ch~ge the l~d use map ~n the Denton PI~ to
reflect ~s ~en~ent
SECTION 3 If ~y prowsmn or the apphcatmn thereof of ~y prowsmn of ~as
ordinate to ~y person or c~rc~st~ce is held mvahd by ~y co~, such ~nv~a&ty shM1 not
~fect ~e vM~d~ of other prowsmns or apphcat~ons, ~d to th~s end ~e provmmns of ~s
ordinate ge sev~able
SECTION 4 Th~s ordinance shall become effective lmmedmtely from and after ~ts
passage
PASSED AND APPROVED thas the ,~./~./q,t/~ day of ~ ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
£/
APPi~OVED AS TO LEGAL FORM
HERBERT L PROUTY, CIT/Y ATTORNEY
PAGE 2
Ail thaC cercain tract or parcel of lan~% situated ~n the Ei~
of a {cal%ed) ~1~.5 a~re ~ra~t in a dee~ from Cover C, S~uart to
J.T. StuarU on the 21s= ~Y ~f Ja~a~, 19~0, as recorded ~n Volume
an~ being al1 o~
called 31.027 acre =rac~ de~oXibed =n a Dee~ from ~. u~oma;
( ) ..... : Rob~r= Mack S~uar= on
McElroy ~0 M=s. Marcia S~uar= ~av~9 9-u . .. - ......
Records o~ mai~ Co~=y, and bein~ mcr= ~ully ~goribed as ~0110ws:
Northeas~ corner of a 26,1~1 acre ~ract ~t ~ said 11~.~ acre
~HENCE No~h 89 deg. ~2' 49" ~as~ with uh~ North l~ne o~ sa~a 11T.~
acre tract and sa~d Su~y in R~ Respa distance of =013.11
to a cornet on the WeB= Righ=-o~ way cz Fa~ tO Mark~ Road 2181J
TH~CE Sou~h ~ de~. 49' 4~" East wiuh said Ri~h=-o~-Way a
o~ 85.28 fee~ :O ~he be~innin~ of a curve,
THENCS SouChe=l~ wt=h ~tid RiGhC-of-Wa~ around a cu~e ~o =he
r~h~, having a cencral an~la o~ 32 de~. 24~ an~ 00~ a chord
South 1~ deg. 37' 45" ~a~ a ~ls=ance of 9~4,09 ~ee~, a ra~tue
138~.3 ~ee= and an arc length of 78%,50 ~eec =o a ~i~hc-o~-Wa~
aC the cna o~ ea~d curve,
THENCE SOU~h 01 ~8~, 25' 45~ Eas~ w~th said Righ~-of~Way 294.5
the Sou~h end o~ Gaid 11~.~ acre trac~;
THENCE Sou~h 89 ~e~. 53' W~s~, a dLs~ance of 1299 88 fee~ ~o a
THENCE North 00 d.~. 0~' 440 We,t, 1100.~.
BEGI~IN~, and con~ainin~ i~ all ~.01S4 ac s 0 ,
0 655S acre w~thzn Hymn Road, lea~ln~ a ne= o~ ~0.3S~5 acres cz
land. SA~ ~ EXCEPT ~he followLng described 17,2027 acres
land:
BEING · V~ ~f I~nd ~u~ted I~ the Ell P[~e~ Surrey, Ab~ No %018, In
Denton Coun~ Texts: bll~ a pa~ Of ~lt c~lln 31.~I~ ~
I~I.S ~e Ir=ot d;t~d In deed lo J,T, $tu;n r=co;~ed ~ Volu~
Page S28, De~d Re~t~, Denton County. Texas a~ being
BEGINNING s~ e P.t na~ Jn ~an R~I~. ~Ing the Na~hwttt coms~ o~ laid 31,01T
a~e ~acl. e re.entrant ~mer or that ce~aln 5B 671 acre ~acl
687. Oeed Re.fda, Dinlon Count. TcXII, ~atd p.K nazi lying on ~e
SvwI2. Abltrl~ Ng 4~1, by deed earl ~03~ ~ feet Ell& f/om ~l I
No~l ~mer of Ii~ 117,~ l~e ~Gt; from ~l~ P.K. Ino~et
Continued on next pege
£XI'IIBI'~ "^" ' ?a&e
No~h line oFs~ 3~ O~T t~e t~. liong
V~ct ahd ~h ~mO su~ey ~ne 8 all,linc, of 5~.01 feat lo I P.~ hill from ,
a ~rt lun~ cfi ~e South tlfl~ of Ryan
m~ Hu~.Zellats capped still
THENCE ~oo~ 89 deg~e, 57 m~utet 16 se~nds E~st, I ~lan~ of 193,~ feet
~nl of F,~ H~ay No, 2181 (s 90 ~oot~de ~0 Wa',
re~ed In Velum. 769, Page 6S3, Deed RO~S, ~hlon ~unty.
feflM, end ~ the ~mmon Soo baleen Jlid Sllwl~ IraU a~ llld
31,017 I~e tro~, I d~ti~M Of 1,2Og,M ~eit to I ~ In~ Hu~lt.Zoill~
des~d In deed to ~i~a~ ~ gray, Jr. ~corde~ In Volume 1531, PIOI
Md, I 518 in~ steel ~ ~J~ Sou~ 47 degrees 46 mlnulel
feet:
THENCE NoEh ~ degrees 04 mlflutel 34 seconds EiIL Mth the co~n
663,62 feet a ~a Ifl~ steel r~ for the ~sl Eailud~ Noflheast ~mir or
meflhoned 88 671 I~e 1~ conllnulflg ~h In East
m~m t~act, gene~lly w*~ I ~1~ hn~
POINT OF BEGINNING ~ conl~lnTnO 17,202% ~es ~ Land,
¢ ~00~ O~ E~: )8^~su8qaJdmo~\uo~,usO\lNRH\OV3\ P
PROPOSED AMENDMENT TO TH ~: DENTON
COMPRF..m~.NSlVE PLAN
FOR
TNF.~TEASLE¥ COMMONS PROJECT
(Teaslay Lane and Ryan ltoad)
JUSTIFICATION STATEMENT
The proposed project includes the construction of a neighborhood grocery store and adjacent
retail uses incindmg such tenants as a video store, hair salon, dry cleaners, small restaurants, etc
Pad site uses are proposed to include automobile fuel facflihes, restaurant (with drive thru), and a
neighborhood bank as examples This type of facihty is needed to serve the south Denton area as
the city cuntmues to grow Currently the nearest grocery anchored retad centers are located along
1-35E to the north of the high growth areas
Grocery retailers find that a major interstate is a cons~darable physical hamer to the market area
cfa store, thus the grocery store north of 1-35E is not believed to be serving a major portion of
the south Denton area. The one grocery anchored center located at the southeast coruer of I-35E
and Lflhan Miller Parkway is providing the majority of the neighborhood shopping opportunihes
to the south Denton residents Based on growth projections for thc south Denton area between 1-
35E and Fort Worth Drive (U.S 377), the Teasley Lane Comdor is the ideal area for
neighborhood shopping for the current and future residenta of the area The project slte is located
along the heart of this corridor
The project site is located at the current limit of the developed portmn of Denton and will be
centrally located upon further build out of the area A portion of the site is currently zoned~for
neighborhood commercial and has been planned as such for several years The primary deviation
of this project from the commercial development originally planned (as indicated by the zoning)
~s the provision of a grocery store and restaurant with a drive thru
COMPATIBILITY
The architecture of this center will complement and enhance the overall quality of the Teasley
corridor by using 75% masonry construction with stone accents placed m a well landscaped site
The center is pwposed to be screened from the adjacent residential development by an 8-foot
masonry wall with adjacent landscapmg, and all rear hghtmg will be d~rectional to avoid glare on
the neighbors We propose to lnnit delivery hours to mitigate noise affects, working in
conjunction with the screen wall and landscaping to reduce noise propagation Customer traffic
will be buffered from adjacent residents by the proposed buildings and the pad use nearest ~he
homes is proposed to be a bank or similar facility with limited customer hours
WATER
The proposed development is bounded on the east by Teasley Lane (F M 2181), on the ~north by
Ryan Road and on the south and west by I-hckory Creek Heights Currently, Teasley Lane
contains one eighteen-tach (18") waterline, which City officials have indicated will provide
sufficient capacity and pressure for the site
L REVISION- P & Dj -;
o J~RO~ECTS/J.FdNTffE. AS .aFT.DOC
JONES
&
CARTER,
INC
SANITARY SEWER
Sanitary sower service will be obtained through on existing eight-inch line that runs along tho
northern edge of Ryan Road City officials, and calculations indicate that tho exlstmg sanitary
sower system has adequate capacity to accommodate tho proposed development
STORM SEWER
There is a s~gnifioant amount of off site drainage which traverses this s~to All off slto flow will
be aceommodated m tho &sign of tho on site storm sewer system Also, prchmmary calculations
red,cate that tho ox~sting downstream storm sewer systum may bo inadequate to hadle the exlstmg
flow, much loss tho proposed developed flow. The storm sower outfall will bo upgraded
aceordmgly to handle both tho existing offslte and proposed on s~to 100-year flow.
FRANCHISE UTILITI]~S
.Electric
The proposed dovelopment curronfly hos within tho sorvlco aroa of two eloctncal sorvice
providors (a) Donton Municipal Eloctric and (b) TXU Blectric and Gas Existing overhead
eloctno lmos are present along tho northern edgo nf ]~yan Road In conflunctlon with the platting
and dovalopment of this property, Denton Municipal Electric will roqmro tho dedication of two
electrical distribution easemonts Klong the eastern property lmo, a twenty-foot (20') oasemont
wall bo de&cated Along the northern proporty hno, an e~ght-foot (8') easoment will bo dedicated
Due to tho abundanco of electrioal dlstnbutmn facdmos in this area, the proposed devalopment
will be provided with adequate electrical service ,
In conversations with tho local service provider, TXU Elocmc and Gas, ~t was m&catud that gas
service would bo extended to this site upon tho developer's request
Tele¢ommunlcatwns
Tho proposed development ts bounded on the north by GTE telecommunications infrastructure
Those facilities are located along tho south of Ryan Road Aflor some discussion with a service
representative, ~t ~s clear that GTE will provldo adequate telooommumcatlons service
ZONING
Tho property is currently zoned as a planned development with proposed commoroml and multi-
family rosldontial uso Tho proposed zoning is commercial Commercial zoning will allow for
m~xed use, which will comphmont certain goals outlined in the Denton Plan, such as reduced
sprawhng by inflll of vacant land adjacant to developed land, balance between commorciab and
residential land uso, provision of convenient shopping for goods and services to multiple
neighborhoods, and provision of high quality, high demand services m a needed area
LAND USE
In aceordanee with dovalopmont codes and to conform w~th tho adjacent neighborhood, all
structures within tho proposed development will have elevations composed of a minimum of 75%
masonry. Elevation views are provided for a visual perspective Structures will bo situated to
maxwatze vis~bdity from tho streets and mmhnizo unpleasant views fi'om adjacent properties
L~ghtmg wall be &rectional to reduce glare onto adjacent homes All relevant architectural codes
will bo followed, and nolghborhood concurrence with architectural &sign will be estabhshed
prior to construction
0/PROJIEC"TS/I-IUNTfI~AS.RFr.DO~. JONES & CARTER, INC ~
VARIANCE REQUESTS
Two varlances will be requested for development of this site A variance to permit a Sg,000
square foot anchor tenant (currant maximum is $$,000 sO will be proposed A variance for use of
drive-thru facihfies for pad site restaurants will also be requested
ENVIRONMENTAL REPORT
Based on a Phase I Bnvironmantal Assessment (report provided), there arc no envn'onmentally
senslt~ve issues regarding this site There is one large hve oak tree winch will be saved and
utlhzod as a ¥1sual focal point Remaining willows and underbrush which have developed around
drainage ways will be cleared
CONNECTIVITY REPORT
Access to tho site will bo obtained from one prunary entrance and one secondary entrance offer
Ryan Road and two primary entrances and one secondary entrance off of Teasley Lane Tho
sccondary entrances will be used primarily for dohvary of goods and will bo Innlted to tune of
use A traffic lmpast analysts indicating proposed traffic counts at tho entrances ns prowded
~Foor, r=Cr~ ..~ ~vr ~'T~_.~=-?_~T _tv)C_ JONES .&_ C~ARTER,