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ORDINANCE NO 0
Z&_ 45~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 85-
68 TO PROVIDE FOR A ZONING CHANGE AND ZONING PLAN FOR 13 16 ACRES
LOCATED WITHIN THE PLANNED DEVELOPMENT 93 (PD-93) ZONING DISTRICT TO
ALLOW FOR A RETAIL SHOPPING CENTER, THE SUBJECT PROPERTY BEING
LOCATED AT THE SOUTHWEST CORNER OF TEASLEY ROAD AND RYAN ROAD,
PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN
EFFECTIVE DATE (ZP-00-017)
WHEREAS, on April 4, 1985, by Ordinance 85-68, the City Council approved a change
in zoning for 30 36 acres of land to Planned Development 93 (PD-93) Zoning District, and
WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-069 which
established certain nonresidential interim regulations (the "Nonresidential Interim Regulations"),
and
WHEREAS, the Residential Interim Regulations established, among other things, a
zoning plan requirement in the event of a request to rezone property, and
WHEREAS, on November 11, 2000, Jones and Carter, Inc, on behalf of The Archer
Company, submitted a request to rezone and a Zoning Plan under the Nonresidential Interim
Regulations, a copy of which is attached hereto as Exhibit "A", for 13 16 acres of land within
Planned Development 93 with the intent to amend the existing PD to allow the development of a
retail shopping center, and
WHEREAS, on March 14, 2001, the Planning and Zoning Commission recommended
denial of the request to rezone and the Zoning Plan for such 13 16 acres, and
WHEREAS, on March 16, 2001, Jones and Carter, Inc formally appealed the decision of
the Planning and Zoning Commission to the City Council, with the full understanding that a
three-fourths vote of the City Council will be required to approve the zoning change and Zoning
Plan, and
WHEREAS, the City Council finds that the Zoning Plan, with the conditions imposed
herein, ifasiy, meets the requirements of the Nonresidential Interim Regulations and is consistent
with the approved 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
S CTION 1 Ordinance No 85-68, providing for the creation of the Planned
Develop ent 93 (PD-93) Zoning District Classification and Use Designation for the property
describe as PD-12 is amended by approving the Zoning Plan attached hereto and incorporated
herein by reference as Exhibit B for 13 16 acres located within PD-12, more particularly
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described by the legal description attached hereto and incorporated herein by reference as
Exhibit A (the "Property"), subject to the following conditions
All conditions set forth on the Zoning Plan
2 Uses on the Property shall be restricted to the uses shown on the Zoning Plan
3 Driveways shall be limited to two on Teasley Lane, one lining up with the Lakewood
Estates Driveway and the other closer to Teasley Lane but at least 250 feet from the
corner, and one Drive on Ryan Road at least 400 feet from the corner of Teasley Lane
4 Right turn lane at the northern most driveway on Teasley Lane with a median on Teasley
Lane preventing left turns at that driveway Median should extend from Ryan Road to
past the drive, with paint striping and/or buttoning north of Ryan Road for
transition/directional purposes
5 Reconstruction of Ryan Road across the frontage for two lane being one half of a four
lane divided road with median opening and left and right turn lanes at the driveway
Eight inch minimum pavement thickness
6 Left and Right turn lanes, on Teasley Lane, at the southern most driveway on Teasley
Lane
7 The traffic study shall determine the impact of the proposed development on Teasley
Lane and Ryan Road, and the adjacent single-family neighborhood, and shall identify
mitigation measures to be shown as part of the Project Plan, needed to prevent
deterioration of Levels of Service The traffic study shall be related to previous studies
conducted by the consultant hired by the City of Denton Conditions 3 through 6 above
may be revised and be included, as revised, with the Project/Detailed Plan if the traffic
study provided for in this condition No 7 indicates a need for such revisions
8 The design of the development shall be pedestrian oriented
9 One structure on the site shall be allowed up to 58,000 square feet in size All other
structures shall not exceed 45,000 square feet in size
10 No dnve-thru restaurants shall be permitted
11 Drive-through facilities shall meet the following design criteria
a There are no more than three drive-through lanes
b It is built as an integral architectural element of the primary structure and use
The materials are the same as those used in the primary structure and the drive-
through facility is under the same rooflme of the primary structure Drive-
PAGE 2
as
through structures and facilities separate from the primary structure are
prohibited
c It is located to the rear or side of the structure and is not viewable from any
arterial, collector or avenue
d It is buffered on the rear and side lot lines
12 To ensure the design is compatible to the adjacent residential subdivision, section
elevations, through the site from the adjacent road network into the adjacent single-
family subdivision, shall be submitted for review at the time a project/detailed plan is
submitted
13 Truck deliveries shall not be allowed between 10 00 p in and 6 00 a in
14 An 8 foot masonry wall shall be constructed along the south and west side of the
Property
15 Signs shall be monument signs
16 Lighting on the Property shall be designed and maintained so as not to shine on or
otherwise disturb adjoining property or to shine and project upward to prevent diffusion
into the night sky A lighting plan shall be submitted by the applicant for review by City
staff to ensure compliance with this condition
SECTION 2 The City's official zoning map is amended to show the change in zoning
district classification
SECTION 3 Any person violating 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
is 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 directed to cause the caption of this ordinance to be
published twice in the Denton Record Chronicle, official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage
PASSED AND APPROVED this the 3Rd- day of 2001
EULINE BROCK, MAYOR
PAGE3
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ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPR ED AS TO LEGAL FORM
44
HERBERT L P&GWY, CITY ATTORNEY
BY
PAGE 4
f EXHIBIT "A"
All that certain tract or parcel of land situated in the Eli
Pickett Survey, Abstract No. 1018, Denton County, Texas, being part
of a (called) 117.5 acre tract in a deed from Cover C. Stuart to
J.T. Stuart on the 21st day of January, 1930, as recorded in Volume
all of a
225,
(called)e31.027 D acre Records tract deof said scribed Cin ta~Deeand d from being B. Thomas
McElroy to Mrs. Marcia Stuart Savage and Robert Mack Stuart on the
as 5fol Deed
more n fuVolume 769 lly described Page
yfy19 and being recorded
Records of said ount lows-
and ofI said Pickett Survey t about North meddl eofdRy117,5 acre an Road as tract
Northeast
pcorner of 26,171 oint i35.134 feet East e of tract out of the Northwest a corner 7
tract at a of said
tract and of said survey;
THENCE North 89 deg. 42' 491, East with the North, line of said 117.5
of Farm distance to Market O Road 1 feet
acre
orner and said
on the WstrAighin Ryan tofw Right-of-way Road a
to a c 2181)
THENCE South 33 deg 49' 4511 East with said Right-of-Way a distance
of 85.28 feet to the beginning of a curve,
THENCE Southerly with said Right-of-Way around a curve to the
right, having a central angle of 32 deg. 24' and 0011 a chord of aito a distance of
a radius of
and an 4511
arc length of 84 50 fee Ito a Right-of-Way post
1387 South 3 1feet deg.
at the end of said curve,
tract feet
THENCE tpin i at deg. the Northeast t owith rner of a i5e103 acre 294.5
to a steel off
the South end of said 117.5 acre tract;
THENCE south the Southeast corner of distance said 26.171 2 acre 8 tact? fast to a
steel pin
THENCE North 00 deg. 07' 440 West, 1100,S7 feet to the PLACE OF
BEGINNING, and containing in all 31.0154 acres of land, there being
0.6559 acre within Ryan Road, leaving a net of 30.3595 acres of
land SAVE AND EXCEPT the following described 17.2027 acres of
land:
BEING a tract of land $Rusted In the EII Pickett Survey, Abstract No '1018, In
Denton County, Texas; being a pan of that Main 31.017 agra tract
described In dead to Golden Triangle Joint Ventura recorded In Volume
2440. Pegs 94 Deed Records Denton County, Texas, which Is a pan of a
117.5 sere tract desuibed In deed to J.T. Stuart recorded In Volume 225,
Page 526. Deed Records, Donlon County. Texas and being more
particularly described by male and bounds as lollowa'
BEGINNING at a PA nail in Ryan Road, losing the Northwest coma? of sold 31.017
eve tract, a re-entrent tamer of that certain 5e 671 acre tract described
to deed to Lakewood Weil Joint Venture, recorded In Volume 2741, page
607, Deed Records, Denton County, Texas, said PA, nul lying on the
North line of said Pickett Surrey and the South One or the J. Fisher
Survey. Abstract No 421, by deed call 1035 04 foal East from the
Northweel comer of said 117.5 awe tract: from said PA another beans
North 00 degrees 40 minutes Eau, 6.20 feet
Continued on next page
EXHIBIT "A" - Page Two
THENCE North o9 degrees 57 minulas 00 seconds East, with Ryan Road, slang the
North line or said 31,017 sere Ireet, along a South fine of etid 56,671 sere
tract and with said survey fine a distance of 500,01 feet to a P.IC nail from
which another bears North 00 degrees 20 minutes West, 2.50 feel'
THENCE South 00 degrees 04 minutes 34 seconds Well, at about 26 fiat crossing
a wire tense on the South line of Ryan Road, In &1650.67 fact to s 516
inch Huin•Zallefs gapped steel rod.
THENCE South 89 degrees 57 minutes 16 seconds East, a dhlance of 703,64 feet
to a 518 Inch stool rod. 2.3 feat East of a wire fence on the West MOW.
Ens of F,M. Highway No. 2181 (*DO fool>+Ade MOW.);
THENCE South 01 degrees 15 minutes 21 seconds East, with the Will ROW. Ins
of said highway and the East Inc of said 31 017 acre tract, a distance or
260 06 feel to a 515 Inch steel rod 13 feet East of a wood fence comer,
being the Southwest comer of sold 31.017 sets tract and the Northeast
Comer of that censin tract described In deed to Richard 0. Stewart
recorded In Volume 769, Page 653. Deed Records, Denton Ocunly.
Texas;
THENCE North 69 degrees 57 minutes 16 seconds West, generally with a wire
fence, and Colin the common line between said Stewart tract and said
31.017 care tract, a distance of 1,209.44 feet to & 516 Inch Hulll•2011ars
capped afest rod, 1.6 feel North of said fence, being The Southwest comer
of said 31.017 acre tract and the Southeast comer of that certain tract
described in deed to Richard A. Gray, Jr. recorded In Volume 1531, Page
224, Dead Records, Denton County, Texas; from sold $16 Inch capped
rod, a 518 inch steel rod bean South 47 degrees 46 minutes Weal, 215
feel,
THENCE North 00 degrees 04 minutes 34 seconds East. With the common
boundary Eno betweon said Gray tract $nd said 31.017 acre tract, it
663.62 feel a $18 Inch sleet rod for the roast Easlsny Northeast comer of
said Gray tract, and the most Southerly Southeast corner of the before
menhoned 58 671 late traG, continuing with an Exit tins of said 55.671
acre tract, generally with a chain link (once. In all 1,100 03 feel to the
POINT OF BEGINNING and containing 17 2027 Asses of Lund.
30
EXHIBIT B
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