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Home My WebLink About2001-149FILE REFERENCE FORM 2001-149 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILES Date Initials Amended by Ordinance No. 2004-064 03/02/04 ) R Amended by Ordinance No. 2005-147 05/24/05 A 8 bed OacumwUWNlMooeMIV9PAlA0010eafl oAlnenw.aoc ORDINANCE NO �&--L4 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 87- 084 TO PROVIDE FOR A DETAILED PLAN / PROJECT PLAN FOR 15 02 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 12 (PD-12) ZONING DISTRICT, THE SUBJECT PROPERTY BEING LOCATED ON THE SOUTHEAST SIDE OF INTERSTATE 35E APPROXIMATELY 3000 FEET NORTHWEST OF ITS INTERSECTION WITH POST OAK ROAD, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (SP-01-0001) 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 March 2, 2000, the City Council adopted Ordinance No 2000-069 which established certain nonresidential interim regulations (the "Nonresidential Interim Regulations"), and WHEREAS, the Nonresidential Interim Regulations established, among other things, a project plan requirement, and WHEREAS, on January 16, 2001, The Al. McNatt Family Partnership, Ltd, submitted a Detailed Plan / Project Plan for 15 02 acres of land located within PD-12 with the intent to develop an automobile dealership, and WHEREAS, on March 14, 2001, the Planning and Zoning Commission recommended approval of a Detailed Plan / Project Plan for such 15 02 acres, and WHEREAS, the City Council finds that the Detailed Plan / Project Plan is consistent with the approved amended Concept Plan for PD-12 and meets the requirements of the Nonresidential Interim Regulations, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That Ordinance No 87-084 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 is amended by approving the Detailed Plan / Project Plan attached hereto and incorporated herein by reference as Exhibit B for acres located within PD- 12, morel particularly described by the legal description attached hereto and incorporated herein by reference as Exhibit A, subject to the following conditions 1 Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb adjoining property or to shine and project upward to prevent S W r pPfl Oginuwd diffusion into the night sky A lighting plan shall be submitted by the applicant for review by City staff to ensure compliance with this condition 2 An irrigated landscaping strip at least three (3) feet in width shall be provided along the top of the retaining wall along the southwestern boundary of the property This strip shall be planted with vines capable of growing up along the rear fence 3 Public address speakers shall be oriented so as not to face towards the south, southwest or west The temporary sales building will be removed from the site within 90 days of a Certificate of Occupancy being issued for the main sales and service building The existing Oak trees intended to be preserved by the applicant shall be monitored during construction activity and during a five-year recovery period 6 If the health of any of the existing Oak trees should decline during construction or the recovery period, the applicant shall plant replacement trees in the islands where the Oak trees are removed in accordance with the Landscape Ordinance SECTION 2 That the provisions of this ordinance as they apply to the 15 02 acres shown in the Detailed Plan/ Project Plan herein approved, shall govern and control over any conflicting provisions of Ordinance No 87-084, but all the provisions of Ordinance No 87-084, 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 3 That a copy of this ordinance shall be attached to Ordinance No 87-084 showing the amendment herein approved SECTION 4 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 5 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 Chronicle, official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage pp PASSED AND APPROVED this the JAI day of U.C, 12001 EULINE BROCK, MAYOR PAGE S bur Uo[ummlfOrdlouicdWl�SP01 W01 pmRONinrma doe ATTEST JENNIFER WALTERS, CITY SECRETARY BY AP OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Il PAGE EXHIBIT A ALL that certain lot, tract, or parcel of land situated in the GIDEON WALKER SURVEY, ABSTRACT NUMBER 1330, Denton County, Texas, and being 15 0037 acre tract described In Dead from Alan L Mcnatt to The AI McNatt Family Partnership, Ltd as recorded in County Clerk's File Number 96-R0004554 of the Real Property Records of Wise County Texas, and being more particularly described as follows. BEGINNING at a upped Iron rod found In the South line of Interstate Highway 35 Access Road for the most Northeasterly comer of the tract being described herein and the most Southeasterly comer of Lot 4R, Block 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 minutes tin seconds East with the South right-of-way of said Access Road a distance of 936 28 feet to a 1/2" Iron rod found for the most Southeasterly corner of the tract being described herein, THENCE South 42 degrees 54 minutes 00 seconds West a distance of 698 42 feet to a 1/2" capped Iron rod set for the most Southwesterly comer of the tract being described herein, THENCE North 47 degrees 09 minutes 54 seconds West a distance of 935 68 feet to a 1/20 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 699 21 feet to the POINT OF BEGINNING and enclosing 15 02 acres of land more or less EXHIBIT B 1,110.l01 11aNOw wir x { 6id�3 bOal dIHSb19084 MNN a F p� Q3a e n W �) 9V'K■1 raawa ppp 9 j tl { �g8 3�CIOC - blO.l01 117NOW Wlf uOd dIH9aiSl '8C MIN F s 000 ur.. 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