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HomeMy WebLinkAbout2004-064FILE REFERENCE FORM 2004-064 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Late imnais Amended by Ordinance No. 2005-147 05/24/05 JR S:\Our Documents\Ordinances\04\Z03-0039.dac ORDINANCE NO. a? O -19 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NOS. 87- 084 AND 2001-149 TO PROVIDE FOR AN AMENDMENT OF THE DETAILED PLAN / PROJECT PLAN FOR 15.02 ACRES LOCATED APPROXIMATELY 1,500 FEET EAST OF STATE SCHOOL ROAD, ON THE SOUTH SIDE OF INTERSTATE 35 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0039) WHEREAS, on May 5, 1987, by Ordinance 87-084, the City Council approved an amended Concept Plan for 43.4 acres of land located within the Planned Development 12 (PD-12) zoning district; and WHEREAS, on April 3, 2001, by Ordinance 2001-149, the City Council approved a Detailed Plan / Project Plan for 15.02 acres of land located within the Planned Development 12 (PD-12) zoning district; and WHEREAS, on December 31, 2003, Stephenson Architects, submitted an amendment ofthe Detailed Plan / Project Plan for 15.02 acres of land located within PD-12 and more particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") with the intent to extend an automobile dealership, said amended Detailed Plan / Project Plan being on file in the offices of the City's Planning Department, a copy of which is attached hereto and made a part hereof as Exhibit `B" (the "Amended Detailed/Project Plan"); and WHEREAS, on January 28, 2004, the Planning and Zoning Commission recommended approval of the Amended Detailed/Project Plan; and WHEREAS, the City Council finds that the Amended Detailed/Project Plan is consistent with the approved Concept Plan for PD-12; 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. SECTION 2.Ordinance Nos. 87-084 and 2001-149 providing for the approval of an amended Concept Plan for the Planned Development Zoning District Classification and Use Designation for the property described as PD-12., and Detailed Plan, respectively, are amended by approving the Amended Detailed/Project Plan, subject to the following conditions: 1. Lighting on the Property shall be designed and maintained so as not to shine or otherwise disturb adjoining property or to shine and project upward to prevent the diffusion into the night sky. 2. Public address speakers shall be oriented so as not to face towards the south, southwest, or west. 3. Future development in the detention pond area will require an additional detailed plan approval. SECTION 3. The provisions of this ordinance as they apply to the Property, shall govern and control over any conflicting provisions of Ordinance Nos. 87-084 and 2001-149, but all the provisions of Ordinance Nos. 87-084 and 2001-149, as they apply to that remaining portion of the district not herein amended, shall continue in force and effect and shall apply to the remainder of said district. SECTION 4. A copy of this ordinance shall be attached to Ordinance 2001-149 showing the amendment herein approved. 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 ofDenton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the o�MLday of &4&lb , 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. P UTY, ITY ATTORNEY BY: PAGE 2 Exhibit A ALL that certain lot, tract, or parcel of land situated in � a biipEQN WA �ABSTRAGT NUMBER 1330, Denton County, Texas, and being 15.0037 acre tract described in Deed from Alan L. Mcnatt to The Al McNatt Family Partnership, Ltd, as recorded in Country Cierift File Number 98-ROD04554 of the Real Property Records of Wise County "vas, and being more particularly described as follows: BEGINNING at a capped Iron rod found In the South line of Interstate Highway 35 Access Road for the most Northeasterly comer of the tract baina described herein and the most Southeasterly comer of Lot 4R, SlocK A, of MCNATT ADDITION. an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet 0, Page 267,.Plat Records of Denton County, Texas; THENCE South 47 degrees 07 ninutes 00 seconds East with ttr. South right-of-way of said Access Road a distance of 936.28 feet to a 112" iron rod found for the most Southeasterly corner of the tract being described herein; THENCE South 42 degreer 64 minutes 00 seconds West a distance of 698.42 feet to a 1r2" capped iron rod set for the most Southwesterly comer of the tract being described herein; THENCE North'47 decrees 09 minutes 54 seconds West a dista nee of 235.68 feet to a 1/2' capped Iron rod set for the most Northwesterly comer of the tract being described herein and the most Southwesterly corner of Aald McNatt Addition; THENCE North 42 degrees 51 minutes 02 seconds East with the most Southerly line of said McNatt Addition a distance of W9.21 foot to the POINT OF BEGINNING and enclosing f 5.02 acres of land more or less.