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Home My WebLink About2001-214s w��aw�mnwu<.�onseai aao4 as ORDINANCE NO Ml-,7V AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 2001-190 TO PROVIDE FOR A PROJECT/DETAILED PLAN FOR 0 6 ACRES LOCATED WITHIN A PLANNED DEVELOPMENT (PD-197) ZONING DISTRICT, THE SUBJECT PROPERTY BEING LOCATED ON THE WEST SIDE OF SHERMAN DRIVE, APPROXIMATELY'/4 MILE NORTH OF BELL AVENUE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (SP-01- 0004) WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-069 which established certain nonresidential interim regulations (the "Nonresidential Interim Regulations"), WHEREAS, the Nonresidential Interim Regulations established, among other things, a Project Plan requirement, and WHEREAS, on May 1, 2001, by Ordinance 2001-190, the City Council approved a change in zoning and Zoning Plan for 0 6 acres of land, to Planned Development (PD-197) zoning district classification and land use designation, and WHEREAS, on February 26, 2001, Joel Plangman submitted a Project/Detailed Plan for 0 6 acres of land located within PD-197 with the intent to develop a convenience store with gasoline sales, and WHEREAS, on May 9, 2001, the Planning and Zoning Commission recommended approval of a Project/Detailed Plan for such 0 6 acres, and WHEREAS, the City Council finds that the Project/Detailed Plan is consistent with the approved Zoning Plan, with the conditions imposed herein, meets the requirements of the Nonresidential Interim Regulations and is consistent with the approved 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Ordinance 2001-190 providing for the approval of a Planned Development Zoning District Classification and Use Designation for the property described as PD-197 is amended by approving the Project/Detailed Plan attached hereto and incorporated herein by reference as Exhibit B for 0 6 acres of land located within PD-107, more particularly described by the legal description attached hereto and incorporated herein by reference as Exhibit A, subject to the following conditions 1 Any new lighting on the property should be designed and maintained so as not to shine on or otherwise disturb the surrounding residential properties or to shine and project upward, to prevent the diffusion into the night sky Additionally, all lighting shall be 5\Out pocumenuWrNn,naeWIV4P01-0OOM1Eoc recessed to prohibit outward shining, which shall be attached to the Detailed/Project Plan 2 All signs shall at a minimum meet the City of Denton Sign Ordinance, but shall include the following additional requirements All free-standing signs shall be monument signs b There shall be no neon signs c No signs advertising beer or wine shall be viewable from the exterior of the building d No signs shall be placed on the exterior of the building except within the windows Additional sign details shall be attached to the Detailed/Project Plan 3 The dumpster enclosure and gates must be constructed with an opaque design 4 Hours of operation shall be limited to 6 00 a in to 10 00 p in 5 There shall be no outdoor loud speakers 6 Uses on the Property are limited to a convenience store with gasoline sales 7 The photos showing the exterior elevations of the building that were presented to the City Council at the public hearing on May 1, 2001 shall be attached to the Detailed/Project Plan SECTION 2 The provisions of this ordinance as they apply to the 0 6 acres shown in the Project/Detailed Plan herein approved shall govern and control over any conflicting provisions of Ordinance 2001-190 SECTION 3 A copy of this ordinance shall be attached to Ordinance 2001-190 showing the amendment herein approved SECTION 4 If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity, 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, official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PAGE 2 s wm woumemewwnuuenn,eeeai 000aaoc PASSED AND APPROVED this the 502 day of , 2001 • ryi i� ATTEST JENNIFER WALTERS, CITY SECRETARY BY14 APP OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY M PAGE Exhibit A Legal Description FIELD NOTES to all that certain tract of land situated in the Joseph Carter Survey, Abstract Number 268, City of Denton, Denton County, Texas and being all of Tract 3 described in a special Warranty Deed to the Rummell Family Trust, recorded under Clerk's File Number 95-R0021765 of the Real Property Records of Denton County, Texas, same being a part of a called 1195 acre tract of land described as the First Tract in the Deed to J W Nichols and J L Ginnings recorded in Volume 434, Page 289, the subject tract being more particularly described as follows BEGINNING at the Northeast corner of the tract being described herein at an "X" found in concrete in the West line of a road under apparent public use, posted as Sherman Drive, THENCE South 27 Degrees 30 Minutes 00 Seconds West with the West line of said road a distance of 200 00 feet to an "X" cut in concrete for the Southeast corner of the tract being described herein, same being the Northeast corner of a called Second Tract of land described in the Deed to Blanch Ginnings, Trustee, recorded in Volume 1044, Page 295 of the Deed Records of Denton County, Texas, THENCE North 62 Degrees 30 Minutes 00 Seconds West with the North line of said Second Tract a distance of 150 00 feet to a ''/2" capped iron rod set for the Southwest corner of the tract being described herein, same being in the West line of a tract of land called Tract 47, 2 966 acres of the J Carter Subdivision, being the same tract described as the Fifth Tract described in the Deed to Joe W Nichols, recorded in Volume 1044, Page 298 of the Deed Records of Denton County, Texas, THENCE North 27 Degrees 30 Minutes 00 Seconds East with the West line of said Fifth Tract a distance of 117 20 feet to a 1/2" capped iron rod set for the Northwest corner, same being in the South line of said Addition, THENCE North 88 Degrees 36 Minutes 00 Seconds East with the South line said Addition a distance of 17134 feet to the PLACE OF BEGINING and enclosing 0 55 acres of land more or less dw ttwru+Nbv tisfivY b r0'2Y N $3� ug !19�laVt i.'� (0 0q# 0�� a00o0°�,`r �2 NJ N 11 121 _ _ __ Juu EXHIBIT B z 09d-vOISIA38 In r I.ctzoAuw pg� `� �� 9�� J m' 3N�rrO~pt, /d/ I s 6 X vIM iI+��IIJY N.iV Y.Mtr �rYI� ='IUIL -1U shil r I I i . o- n'o- I I I•� l^I' y FF ,I II i y i• I' { jt I _ I M1 i t� I II - II I I11� 1 f _ R . w J NG�� • Sb-Flyc G LL 1 t' F- W N 0 0 I 0 2 i ju W t Q e U ` A C F u u •.a wr,+....F t..r• . �.I��I 1�u�1� I�L�� I t. t F t 'I a 41 , Iua t `ai /. al v 7LMrl jii '`Arf a a, Js '�: r'S0}I ✓V.x>. h "'. a�.a+Sp ,^..t,lk >_ !S� '!�1 " } �.J'�lv `F'M>I '� a Eps�„p ^` �� y'-. •J , `ry � t �q[ w, ��•.e �'^ • r �� • r :r'ti ...i ',''` 1 iy`1j�+r r • , a4 _' •_ • • > > v� ✓(1� � '.`Lr7"��y y'++ >' 'ti � S��Ay y . l,�P tHzryf` t g,„r Y1 ,>r "LK, r 47l 1 i w.F }, J ' y_r '> • y y', . a { h` a ,%"' ' r .• ' '.4�i ,i>+n"r. 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