HomeMy WebLinkAbout2014-240FILE REFERENCE FORM 1 2014-240
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Amended by Ordinance No. 2015-390 12/15/15 JR
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ORDINANCE 40
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A SPECIFIC USE
PERMIT TO ALLOW WRECKER SERVICES AND IMPOUND LOTS ON A PROPERTY
LOCATED IN AN EMPLOYMENT CENTER INDUSTRIAL (EC -I) ZONING AND USE
DISTRICT ON APPROXIMATELY 1.3 ACRES. THE SUBJECT PROPERTY IS
GENERALLY LOCATED SOUTH OF SMITH STREET, EAST OF DALLAS DRIVE, AND
NORTH OF TEASLEY LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS, THEREOF, SEVERABILITY AND AN
EFFECTIVE DATE. (512-0001)
WHEREAS, Gloria Akers has applied for a Specific Use Permit to allow wrecker
services and impound lots on approximately 1.03 acres, legally described in Exhibit "A",
attached hereto and incorporated herein by reference (the "Property"); and
WHEREAS, on March 19, 2014, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommend approval of the Specific Use permit with
conditions of approval; and
WHEREAS, on August 5, 2014, the City Council conducted a public hearing as required
by law; and
WHEREAS, at the public hearing, the Applicant presented to the City Council its
arguments against having to install stormwater quality management practices applicable to
Wrecker Services and Impound Lots as required by Limitation 29 ("L(29)") of Section 35.5.8 of
the Denton Development Code; and
WHEREAS, the City Council was persuaded by the Applicant's arguments, and
determined that Applicant did not have to install a stormwater quality management system,
unless City Staff documents contamination exiting from the Property into the watershed; and
WHEREAS, the City Council finds that the Specific Use Permit is consistent with the
Denton Plan and the Development Code; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. A Specific Use Permit to allow wrecker services and impound lots on the
Property is hereby approved, subject to the following conditions:
1. The site plan as submitted and shown in Exhibit `B" and "C" shall guide the operation of
the use of the property for wrecker services and impounds lots.
2. Best management practices (BMPs) addressing stormwater quality shall not be required
unless there is documented contamination. City Staff is directed to implement a
monitoring program to determine whether any contamination is exiting the Property and
into the watershed. If City Staff documents such contamination, the Applicant shall
either: (1) install BMPs designed to treat hydrocarbons and attain the pollutant removal
capabilities recommended for parking areas in the Integrated Storm Water Management
(iSWM) Manual, as published by the North Central Texas Council of Governments, or
similar practices consistent with low impact development (LID) approaches, so that the
Applicant can be in compliance with the Denton Development Code's L(29) requirement;
or (2) lose the SUP and cease doing business at the Property.
The applicant shall install an eight -foot (8') high screening fence and a type "B" buffer
along the perimeter of the site. The landscaping shall be planted along the outside of the
fence, and shall be irrigated and kept alive at all times. Material for the construction of
the screening fence shall be made of wood or other opaque materials.
4. The applicant shall construct the screening fence and type `B' buffer within 60 days after
approval of this SUP. The screening and type `B' buffer shall be maintained at all times
for continual use of the property for wrecker services and impound lots.
5. The SUP shall expire when the Applicant, Akers Towing Company, under ownership of
the Akers family, ceases its business covered by this SUP.
SECTION 3. The Specific Use Permit site plan attached hereto and incorporated herein
by reference as Exhibit "B" and "C", is hereby approved, as an additional condition of the
permit.
SECTION 4. If any provision of this ordinance or the application 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 this end the provisions of this ordinance are severable.
SECTION 5. 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 6. 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, 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 day of 2014,
0 1US WATTS, MAYOR
ATTEST.
JENNIFER WALTERS, CITY SECRETARY
BY: --'
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
Exhibit "A"
(Legal Description)
715 Dallas Drive
1.28 Acres
FIELD NOTES to all that certain lot, tract, or parcel of land situated In the A Hill Survey,
Abstract Number 623. Denton County. Texas, and being all of a tract of land described
In a deed from Antone P. Raposa to Jane Hoyt Akers, as recorded In Volume 849, Page
454„ Deed Records, Denton County, Texas,also being a part of Lots 3 and 4 in the
Emily J. Fry Estate, according to the plat thereof recorded In Volume 1, Page 36, Piet
Records, Denton County. Texas, tart subject tract being morn perficulady described as
follows;
BEGINNING at a metal fence carrier post found for the most Northerly Northwest comer
of the herein described tract, the most Northerly Northwest comer of said Akers tract and
the Northeast corner of Lot 1 in Block A of Dolux Addition, an addition to the City of
Denton, according to the plat thereof reworded In Cabinet S, Page 322, Plat Records,
Denton County, Texas;
THENCE South 89 degrees 40 minutes 47 seconds East with the North line of said
Akers tract, along or near a fence, at a distance of 267,29 feet passing a capped iron rod
found stamped '4561 for the Southeast corner of a tract of land described in a deed to
F&H Construction, as recorded In County Clerk Fite Number 2002-70921. Beal Property
Records, Denton Counly, Texas, conilnuing along said course, a total distance of 269.48
feet to a rapped iron rod set for The Northeast comer of said Akers tract and being in the
East lime of said Lot 4, the West Ilne of Lot I in said Emily J Fry Estate and the West
llrie of a tract of land described in a deed to David Matheson, as recorded in County
Clerk file Number 1994-13414, Real Property Records, Donlon County, Texas, from
which a 112" iron rod found for the Northwesl Comer thereof and the Northwest corner of
said Lot 1 bears North 00 degrees 11 minutes 27 seconds West, a distance of 385.44
feet;
THENCE South 00 degrees 11 minutes 27 seconds East with the West line of said Lot 1,
the West line of said Matheson tract, the East line of sold Lot 4 and the East line of said
Akers tract, a distance of 184,35 feet to a capped Iron rod set for the Southeast corner
thereof in the West line of Lot 2 In sold Enilly J. Fry Estate, and being the apparent
Northeast corner of Lot 1 In Block A of Reynolds Dallas Drive Addition, an addition to the
City of Denton, according to itre plat thereof recorded In Cabinet E, Page 257, Plat
Records, Denton County, Texas, From which a metal lance corner post found for art
angia point in the East line thereof, the Southwest corner cif said Lot 2 and the
Southwest comer of said Matheson tract bears South 00 degrees 11 minutes 27
seconds East, a distance of 86.77 feel;
THENCE North 89 degrees 57 minutes 29 seconds West with the apparent North line of
said Raynoids Dallas Drive Addition and the South line of said Akers tract, a distance,, of
282.52 feet to a capped Iran rod set on tea Northeast lino of Dallas Drive for t to
Southwest corner thereof and the apparent Northwest corner of said Reynolds Dallas
Drive Addition, fnzm which a 112" iron rod found fur the Southeast comer thereof bears
South 47 degrees 57 minutes 33 seconds East, a distance of 383.71 feet,
THENCE North 47 degrees 57 minutes 33 seconds West with the Northeast line of said
Dallas Drive and a Southwest line of said Akers tract, a distance of 139.87 feet to a PK
nail set for the most Westerly Northwest corner Ilsiroof and the Southwest comer of a
0„31 acra rlghf-of-Wry deotration found In said CaNnot S, Page 322, from which a PK
nail found for an angles Point on ft West the thmol beers North 47 degrees 67 minutes
33 SeMneis Was I, a distance of 18.77 feet;
THENCE South 89 degrees 47 minutes 48 seconds East with the North fine of said
Akers tract, at a distance of 10.00 feet pcoawng the Srs Irwast comer of Lot 1 in said
Delux Addition, continuing along acid ccurpo and lbe South line of said Lot 1, a distance
of 115.48 feet to a metol Ponce comer post found for the ucutheast comer Ihereol and
an Inner ell comer of sold Akers Iract;
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Exhibit "C"
Landscape Plan
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