Loading...
2000-181 ORDINANCE NO ~7~-/,~/ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM PLANNED DEVELOPMENT (PD-16) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD SERVICE (NS) WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 8 3 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF TEASLEY LANE AND TEASLEY LANE, PROVIDING FOR A PENALTY iN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERAB1LITY CLAUSE AND AN EFFECTIVE DATE (7.-00-03) WHEREAS, The City of Denton initiated a change in zoning for 8 3 acres of land from Planned Development (PD-16) zomng dmtnct classification and use designation to Neighborhood Service (NS) with conditions zomng district classification and use designation, and WHEREAS, on March 22, 2000, the Planmng and Zoning Commission concluded a pubhc heanng as required by law, after which a motion to recommend approval of the requested change ~n zoning fmled, and WHEREAS, the City Council finds that the conthtlons imposed by flus ordinance are m the pubhc interest, and WHEREAS, the City Council finds that the change in zoning is consistent with the Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zomng district classification and use demgnatlon of the 8 3 acre property described m the legal description attached hereto and incorporated herein as Exhibit A is changed from Planned Development (PD-16) zoning district classification and use designation to Neighborhood Services (NS) zomng district elasmfieation and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions 1 The permitted land uses are restricted to those described in the list attached hereto and incorporated herem by reference as Exlubit B, some of which require a specific use permit as shown on Exhibit B 2 The maxmaum building gross floor area shall be 86,200 square feet, with no individual structure to exceed 80,200 square feet Total gross floor area devoted to professional and admlmstrat~ve offices shall be no less than 40,000 square feet No Individual busmess shall exceed 4,000 square feet of gross floor area, except professional and admlmstrative offices, which may not exceed 10,000 square feet per individual business 3 Architectural standards include the following Page 1 of 3 a Maximum bmldmg height shall not exceed 40 feet above existing grade b All bmldmgs shall have no less than a 6/12 roof pitch and composition shingles c Exterior building material shall be 100% brick or masonry 4 The sale of alcohol, tobacco and firearms are protublted Video arcades, tattoo parlors, head shops, or land uses employing outdoor speakers are also protublted 5 No retail customers shall be allowed on the property from 1 OPM to 7AM 6 A eontmunus 50-feet wide bufferyard along the entire length of the western site boundary shall be mmntamed at all times A masonry sereemng wall shall be constructed along the easternmost edge of the bufferyard, at a height of 8 feet above finished grade Evergreen trees and shrubs shall be installed on the west side of the screemng wall and shall be a part of the landscape plan The design and materials used for the screening wall, and the landscape plan shall be provided and approved prior to the issuance of a building permit 7 Any service delivery areas shall be screened from public rights-of-way Storage areas shall be contmned within buildings 8 A maximum of three curb cuts shall be allowed in accordance with City of Denton subdivision regulations, one on the north boundary, one on the east boundary, and one on the south boundary connecting to the exmtmg access easement If the west boundary curb cut is installed, access restrictions shall be established to prevent traffic circulation into the school property to the west 9 No pole signs shall be allowed 10 In adchtaon to the above conditions the standards for Project Plan approval, as per Ordinance No 2000-069, shall be satisfied prior to application for building permit The project plan shall also address all site conditions that are required by the above conditions In addition, the project plan shall also address pedestrian access and safety adjacent to and through the project site, signage, hghtmg, parlang lot screening, location of service areas, loading areas, and dumpsters in relation to the adjacent school and vehicular access to the site SECTION 2 The City's official zomng map is amended to show the change in zoning district elasmficatlon SECTION 3 If any provision oftlus ordinance or the appheatlon thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to tbas end the provisions of this ordinance are severable SECTION 4 Any person violating any provision of this ordinance shall, upon conviet~on, be fined a sum not exceeding $2,000 00 Each day that a provision of thru orchnanee is violated shall constitute a separate and distinct offense Page 2 of 3 ~ That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary as hereby directed to cause the caption of this ordinance to be published twice m the Denton Record-Cbromcle, a daffy newspaper published in the C~ty of Denton, Texas, within ten (10) days of the date of its passage PASSED ANDAPPROVEDttusthe /~(--~ dayof ~ ,2000 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM Page 3 of 3 EXHIBIT A 8 294 ACRES OF LAND FIELD NOTES to all that certain tract of land situated m the C Poullaller Survey Abstract Number 1006 City of Denton, Denton County, Texas and being all of the remainder of the called 9 212 acre Tract I and all of the called 1 962 acre Tract II described m the deed from Alexander Management to E Alexander recorded under C F N 97- R0002632 of the Real Property Records of Denton County, Texas, the subJect tract being more pameularly described as follows BEGINNING for the Northeast comer of the tract being described hereto, at the Northeast comer of the said Tract II at the mtersectmn of the South lme of Teasley Lane w~th the West hne of Lflhan Miller Parkway, same being the Northeast corner of the called 1 962 acre tract described m the deed from City of Denton to Ftrst Repubhc Bank of Dallas recorded m Volume 2978, Page 380 of the Deed Records of Denton County, Texas, THENCE South 01 Degrees 03 Mmutes 39 Seconds East with the West line of Ldban Miller Parkway and the East line of the said 1 962 acre F~rst Repubhe Bank Tract a d~stance of 573 66 feet to a to a 1/2 tach nrun rod set at the most Southerly corner of the said tract m the Southwest right-of-way of FM 2181 as described m the deed from R M Evers to the State of Texas recorded In Volume 400, Page 334 of the smd Deed Records and also being the Northeast line of the said Tract I, THENCE Southeasterly along the arc ora curve to the right with the Southwest right-of-way off M 2181, having a radms of 671 77 feet, an arc length of 79 45 (chord bearing South 04 Degrees 32 Minutes 44 Seconds East a thstance of 79 41 feet) to a ~A tach ~ren rod set m the East line of the satd Tract I at the end ora curve, THENCE South 01 Degrees 09 Minutes 07 Seconds East continuing with the said right-of-way a d~stance of 42 33 feet to the Northeast comer of the tract of land described m the deed from N C N B National Bank to the C~ty of Denton as recorded in Volume 2978, Page 9090 of the smd Real Property Records, THENCE South 88 Degrees 44 Minutes 10 Seconds West with the North hne of the City of Denton tract and the RN W Adthtlon as shown by the plat thereof recorded in Cabinet H page 338 of the Plat Records of Denton County, Texas a distance of 492 58 feet to a ~ inch ~ron rod found at the Northwest comer thereof In the East line of a called 15 000 acre tract of land described in the deed from Henry S Miller Co, to Denton Independent School D~stnct recorded in Volume 979, page 174 of the Deed Records of Denton County, Texas, THENCE w~th the East line of the smd DISD tract and the West hne of Tract one the following three calls 1 North 01 Degrees 16 Minutes 40 Seconds West a d~stance of 254 28 feet to a ~/2 tach tron rod found, 2 North 24 Degrees 29 Minutes 26 Seconds West a dtstance of 126 27 feet to a ~/: ~nch iron rod set, 3 North 00 Degrees 51 Minutes 22 Seennds West a d~stance of 332 10 feet to a ~A tach ~ron rod set at the Northeast comer of the DISD tract tn the Southwest right-of-way off M 2181, THENCE with the said Pdght of Way and the North hne of Tract I along the arc of a curve to the right having a radms of 671 77, an arc length of 79 45 (chord bearing South 04 Degrees 32 Minutes 44 Seconds East a thstanee of 79 41 feet) to iron rod set for the West corner of the smd 1 962 acre F~rst Repubhc Bank tract, THENCE North 70 Degrees 09 Minutes 13 Seconds East with the North line of the 1 962 acre F~rst Repubhc Bank tract and the South line of Teasley Lane a d~stance of 62 15 feet to a ¼ tach ~ron rod set at an angle point thereto, THENCE South 89 Degrees 48 Minutes 05 Seconds East continuing with the North line of the 1 962 acre Ftrst Republic Bank tract and the South line of Teasley Lane a distance of 413 93 feet to the PLACE OF BEGINNING an enclosing 8 294 acres of land, Exhibit B Land uses shall be limited to only the following uses that are permitted in Neighborhood Service (NS) zomng district elasslficataon as set forth Section 35-77 of the Code of Ordinances of the City of Denton, Texas (all other uses listed m Section 35-77 under the Neighborhood Service (NS) zoning district classification shall not be permitted) Art Gallery or Museum Church Or Rectory Comnlllnlty Center (Public) Institution Of Religious Or Philanthropic Nature Park, Playground Or Pubhc Community Center Swimming Pool (Pnvate) Telephone, Business Office Park Or Playground (Public) Antique Shop (with a Specific Use Penmt) Bakery Or Confectionery Shop (Retail) Cleamng And Pressmg Small Shop And P~ckup Custom Personal Service Shop Drapery, Needlework Or Weaving Shop Florist Or Garden Shop Handicraft Shop Laundry Or Cleaning, Self Service Offices, Professional & Admlmstratlve Restaurant (wlth a Specific Use Permit) Retml Stores & Shops 4,000 Square Feet Or Less Studio for Photographer, Musician, Artist Or Health