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Home My WebLink About2008-281• sAour documents\ordinances\08\seO8-0OOl.doc ORDINANCE NO. . �OD�r- 2y I AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN EXPANSION OF A SPECIAL EXCEPTION (SELF-SERVICE STORAGE) ONTO AN ADJOINING LOT, COMPRISING 8.94 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF COLLINS STREET AND THE NORTH SIDE OF DAUGHERTY STREET, APPROXIMATELY 150 FEET EAST OF LOCUST STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (SE08-0001) WHEREAS, Spring Brook Planning Group has applied for an expansion to a special exception for approximately 8.94 acres of land legally described in Exhibit A, attached hereto and incorporated herein by reference (hereinafter, the "Property"); and WHEREAS, on October 8, 2008, the Planning and Zoning Commission recommended approval of the requested expansion subject to the following conditions: A 10-foot vegetative buffer abutting the residential uses or lots to the east of the subject property must be provided using existing or proposed vegetation; 2. If a storage use is constructed adjacent to a residential use or lot, the minimum required setback shall be 30 feet, plus 1 foot for each foot of building height above 30 feet; A minimum 6-foot high opaque fence constructed of masonry or wood with steel posts and a decorative cap with the good side facing the residential uses or lots to the east of the subject property shall be installed along the eastern property line; and WHEREAS, the City Council finds that the change 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 as true. SECTION 2. The expansion of the special exception is hereby granted. SECTION 3. 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 4. 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, 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 //0 day of ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: r-- Oour documen ts\ordinances\08\se08-0001.doc EXHIBIT A LEGAL DESCRIPTION DEDICATION WHEREAS Ooet Lott are the owners of all thct certain tract or lend situated in the ALEXANDER HILL SURVEY Aostract -lumber 623, City of Denton, Denton County, Te.xes. cna se;nq ep of o called 1.00 ecre tract cr Icnd eascriaetl ;n a deed •o James R. Lot: a , Opel E. of es recorded in County Clel;,'s Fat Numbed ,9-093863, Real Property Rccozc:s of Donlon County, Taros, a c.Ifed ,48 Dart First Trcc: ..tied 2,931 ocrc 5econds Tract descrioe. in a coed to Jcmae R. Lott as recorded. in Volume 629. Page 529. Dead Records of Donlon County, Tc . called 3.017 acre tract or Iona described coed to James R. Lott c roc.Idea dos Volume 629, Page 527. Deed Retards of Denton Ceunty. To xos, a tract of Iend described in a deed to Cpcl Estelit Lott e rr drsd i l County Clerk's i ;lo Nambar C1-072057, Roal Prapar'ty Records of Denton County. Tcros. C catled 0.250 acre Fvst. Tract end 0.253 ocrc Second Tract described in -,d to Jul R. Lott os recordar, it Volume 7;rj 83, Pa a 913. 0ced Rncarcfrd of Canton Ceunty. Taxes. and being a trocl of land describedit C deed to John R. Lott as r e.orced in Volume 751. Peg. 882. Deed Records of Denton' County, Texas, ona being more particularly described cs follows: 13[G NNWC at a 1/2- iron rod four,,- for the 'Northwest corner of said 0.253 car. tract, asphalt rrxtd under oppcsan' public. t.aa posted as Ecst Collins: Strnel, anti in tiro East right-of-woy of r&P Railroad: T-ENCE South 88 Dogr'ees 20 minutes 39 Seconds ECst w n said road, Lhe North line .f said 0.253 ecre tract cna acid 0.250 a e tract. 88.11 feet 'a a ok nail found for the Northeast Corner thereof, and o; tale Northwest corner of a :rcct of tared co.cr.b.d in a Cana ;o Dorothy Away os recorded in Volume 859, Pogo 106. Coed Records o: Denton County. Texas: T-ENCE Seu:h CD Cegrees SS ft;nutes 12 Seconds Wes: with :he tees: me :hereof and •=e Ecst Tina of said 0.250 due trod. 173..58 feet to a capped 1/2- ;ron rod found fat tnc Soutncczt earner 'hereof. at the Southwest corner of said Mvey tract. and in ;he North line of said 2.931 acre tract: '1-ENCE South E8 Degrees 25 V.;rlutes 21 Seconds Ec.t with the Norm line tnereo. end tn;; Soath line Of cold Atvay tract, 44.97 toot to a 1-co ...^rear past found tar lho Nor, h cost corner of aoid 2.931 acre tree, and in the Ylast line of a tract of land con ;bee in a deed to Mill -el F. Thorp et. ux oa recardad in Volume 651, F'aga 148, DeedRecords of Don to. County, 1'axas; THENCE. South 12 Cogreas 5< Virtutas 41 Seconds West with tno East line of acid 2._93: ecre tract. 493.96 feet tC „ 1/2� iron rod fours for the Southeast corner thereat. and in the Nortn line o: acid 3.017 ocre tract; THENCE North 88 Degrees 31 Mi nut ere 7.9 S.CCRcn Cost with :he North line thereof. '1 ;8.60 /Oct to o tenco corner post found for the Northeast cornar lnareo!, and et the o. Nor; Il was': cr of o tree' of lone describctf dead to 0. Roland Veto rt recorded in County Clerk's File Number 00-075694. Reel Property Records of Denton County. Texan: ''HENCE Scu:h CO Degrees 58 V;nutes LJ Seconds Feet w;;n the Ens; line of sale 3.017 CCra trot: ant along or nacr O fence, 268.$5 feet to a fence corner post fauna tar the S%eilecst Corner al _,cid 3.017 acre :red:, end in :hC ::arth IinC Of acid Volt:nlC 75:, Pngrr 082; THENCE Scu'n 88 Degree' 56 V;nut..s 36 Seconds E-t. w.,n the North line tncraof and clang or near C fence. 29.02 feet to a 4" wood tence corner post found of r:or:hea --or .1 re;C Volume 75;, Page 882, and a; the Northwest. corner•of c tract. Ct lane described in a deed To Alan fioy ._hamberloin and Endo Aaela Dusty (: mborlain cs red creed ;n County Clerlk'.s Fite Number 05-15559. Real Property Recores of Denlen County, Texas: T-ENCE South 00 Degrees 01 .V.inute 2; Seconds West with the East line .1 acie Volume 751, Pag. 882_. 208.56 tee: to fire Southeast corner thereof, and at the Southwest oI land ❑.c.rib.d in a d ed to E1ob.y Lee et u: .rand ' Volume Ca75, ,Page 147. Dead Records of Denton County, T.•... and rn �h. N.rthn rig/r1-of-woy tin. of Daugherty Slraat; THENCE Soush 89 Degree, SE)Minutes 35 Saconds West with aid riynt-Cf-way lire, -57.61 feet to tnc southwest corner of said i.00 acre tract, one in the said girt -of -way I;ne of T&P THENCE N.,th 21 Degrees 01 Minute 50 Seconds Ecst with t.- sold right-of-way no the Wus1 tine of said 1.00 acre trot:, 2.23.76 fee- to a i' pipe found far -.h-.h.-.r nNthwast cornar' liler'aCf. at the Southwo_vt corner .1 xa;d3.017 ocrc tract. and at the beginning of a eurva to the rvght having a radius of .5955.07 feel. chord bed:;ng cna diStdnca of fnor:h 23 OCgroas 29 V;nutc_s 26 Saconds, 87.C.97 tact, hart a delta cnytd of 02 Oegre.. 56 M;n.tes 55 Seconcs: 'iHEN::E= clang sold curve one said right-o:-way, 821.1 1 fee: to a 5/8" iron cad touna for tna ;vortt.'.est corner of said 2.931 .ere tract, .nd tna Soulhw eat cornar of said 0.253 car. tract; THENCE North 24 0,,gree, 29 Minutes 33 S,concfs East wilh the West line of sold 0.253 deed.,. tract. 188.58 :eat to thn POINT CF BEGINNING and ...'Wining 9.403 Ceres of land. 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