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HomeMy WebLinkAbout1998-152Z 98 018 doc ORDINANCE NO --I g- 152: AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE PLANNED DEVELOPMENT DISTRICT (PD-157) CREATED BY ORDINANCE 96-023, PROVIDING FOR AN AMENDMENT TO THE DETAILED PLAN TO ALLOW FOR A CHANGE IN PERMITTED USES FROM A CAR WASH TO A COMBINATION OF CONVENIENCE STORE (WITH OFF - PREMISE SALE OF BEER AND WINE), GASOLINE STATION AND CAR WASH ON THE 1 059 ACRE DISTRICT AS SHOWN ON THE ATTACHED DETAILED PLAN LOCATED ON THE NORTH CORNER OF THE INTERSECTION OF COLLINS STREET, CARROLL BOULEVARD AND FORT WORTH DRIVE, PROVIDNG FOR A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Ordinance 96-023 provided for the creation of a planned development district (PD-157) and the approval of a detailed plan for a car wash on 1 059 acres of land located on the north corner of Collins Street, Carroll Boulevard and Fort Worth Drive, and WHEREAS, Michael Roberts, on behalf of Metro Marketing Inc, has applied for an amendment to the approved detailed plan for PD-157 to allow for a convenience store (with off - premise sale of sale of beer and wine), gasoline station and a car wash, and WHEREAS, on May 13, 1998, the Planning and Zoning Commission recommended approval of the requested amendment to the detailed plan, and WHEREAS, the City Council finds that this detailed plan will be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SE ,TC ION I That Ordinance 96-023, as it relates to the approved detailed plan for Planned Development District 157 (PD-157), a planned development district comprising 1 059 acres of land located therein and more particularly described by the legal description attached hereto and incorporated herein as Exhibit A, is hereby amended to allow a convenience store (with off -premise sale of sale of beer and wine), gasoline station and a car wash gCT ON III That the entire 1 059 acres contained in Planned Development 157 (PD-157) described by Exhibit A, is hereby approved for the detailed plan attached hereto and incorporated herein as Exhibit B SECTION III That the provisions of this ordinance govern and control over any conflicting provisions of Ordinance 96-023, as it relates to the entire 1 059 acres contained within PD 157, / 4) 018 Onllnnnct dui Z-98-018 SECTION IV. That a copy of this ordinance and the detailed plan shall be attached to Ordinance 96-023, showing the amendment herein approved SECTION V. That 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 VI That 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-Chromcle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the C�-_ day of �4 >�Q 1998 MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY a0 0% #71, "N' 00 R. I j M�' I it APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY F \SHARED\DEP71LGL\Our Documents\Ordmancei;M\Z 99,018 Ordinance doc / 'fib O[R 0i du,oni (I der PAGE 2 EXHIBIT A 1 059 ACRES FIELD NOTES to all that certain tract of land situated in the Coy of Denton, Denton County, Texas and being all of Lot 2 In Block 1 of Carroll Point Addition, Lot 2 Block 1 an addition in said Coy, according to the Plat thereof, recorded in Cabinet D Page 388 of the Plot Records of Denton County, Texas and also being all of Lot 1 Block 1 Cozy Oaks Addition, an addition in said Coy, according to the Plat thereof recorded in Cabinet C Page 344 of said Plat Records, as recognized and occupied on the ground, the subject tract being more particularly described as follows, BEGINNING for the Northwest Comer of the tract being described herein at a capped Iron rod set for the Northwest Comer of said Lot 2, some being the Southwest Comer of Lot 1 in Block 1 of Carroll Park Addition, an addition in said Coy according to the Plat thereof, recorded in Cabinet D Page 202 said Plat Records and being In the East line of Carroll Boulevard, THENCE South 89 Degrees 33 Minutes 12 Seconds East with the North line of said Lot 2 and the South line of sold Lot 1 Carroll Park Addition a distance of 127 40 feet to a 1/2" Iron rod found for the Northeast Corner of sold Lot 2 and the Southeast Comer of said Lot 1 In the West line of Lot 2 of Myrtle Addition, an addition in said Coy, according to the Plat thereof recorded in Cabinet B Page 231 Plat Records, THENCE South 00 Degrees 52 Minutes 02 Seconds West with the East line of sold Lot 2 Carroll Park Addition and the West line of said Myrtle Addition a distance of 89 82 feet to a 1/2' Iron rod found for the Northwest Comer of Lot 1 of said Cozy Oaks Addition, THENCE South 89 Degrees 28 Minutes 47 Seconds East with the North line thereof and the he Northeasth line of sComer oaid f Addition said ,Cozy Oaks Addition 5as dedicated In he platted West line of Myrtle Street, THENCE South 00 Degrees 27 Minutes 57 Seconds East with the East line of said Cozy Oaks Addition along sold Street a distance of 87 82 feet to a 1/20 a capped Iron rod set for an angle point in said East line, being in the apparent Northwesterly line of Ft Worth Drive, THENCE South 38 Degrees 49 Minutes 49 Seconds West with the South line of said Cozy Oaks Addition along said Drive a distance of 163 39 feet to a square tube found for the Southeast Comer of said Cozy Oaks Addition, THENCE North stance of 80 05 feet t 8a 2" pipe found ees 30 ,for thnutese Souh west ComeSeconds West rofth said Cozy e South ,Oaks Additionne thereof a , some being the South Comer of said Lot 2 of Carroll Point Addition in the Easterly line of said Carroll Boulevard, THENCE North 23 Degrees 40 Minutes 44 Seconds West with the West line of said Lot 2 along said Boulevard a distance of 309 77 feet to the PLACE OF BEGINNING and enclosing 1 059 acres of land If gg LIL r �i e f3f3Q lip e i1° L` gg IcdP4R !ih 1..s R .L33H.S 3'11HAN d g d &�ok dte EXHIBIT B iE 0 0 C P�'p jI jZ u 'S pd da{Yy{4 [iY'§ gsS Y a[ C tl�Rs rr, 5 (S �5i�p Y Xx' i"g �gialpt £ � F8 lip n"C r FS�- QE°tl �q Fe Y 'rGZ @ s5 iEvd�dt"L ar d ;e CS gg Itll gY _Cse Fed gag3s R Y it s� e yt,a Fe@ 5' qF y„o f; ff• 6R of JYY { g.Yi 6yYsof g •° Y 3 Pa Yy � 6 sZ 3v P s" > € ytl4 .R~G •S L"t€' .i€fib