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HomeMy WebLinkAbout2000-200AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 99- 257 TO PROVIDE FOR A DETAILED PLAN FOR APPROXIMATELY 0 08 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 172 (PD-172) ZONING DISTRICT, THE SUBJECT PROPERTY BEING LOCATED ON THE SOUTH SIDE OF THE INTERSECTION OF NOWLIN ROAD AND NOWLIN ROAD, PROVIDING A SAVINGS CLAUSE, PENALTYPROVIDING FOR A VIOLAT ONS THEREOF, AND PROVIDINGOR AN EF EFFECTIVE DOUNT OFOR IIV ATE (Z-00-007) WHEREAS, on)August 3, 1999, by Ordinance 99-257, the City Council approved a change in zoning for 65 17 acres of land to Planned Development 172 (PD-172) Zoning District, and WHEREAS, the aforementioned Ordinance 99-257 specifically dedicated a 0 082 acre parcel of PD-172 for a telecommunications tower site, and WHEREAS, on April 11, 2000, Masterplan, on behalf of PrimeCo Personal Communications, submitted a Detailed Plan for the aforementioned 0 082 acre site with the intent to place an equipment building on the telecommunications tower site, and WHEREAS, on May 10, 2000, the Planning and Zoning Commission recommended approval of a Detailed Plan for such 0 082 acre, and WHEREAS, the City Council finds that the Detailed Plan is consistent with the approved amended Concept Plan for PD-172, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That Ordinance No 99-257 providing for the approval of a Planned Development Zoning District Classification and Use Designation for the property described as PD-172 is amended by approving the Detailed Plan attached hereto and incorporated herein by reference as Exhibit B for 0 082 acre located within PD-172, more particularly described by the legal description attached hereto and incorporated herein by reference as Exhibit A, and subject to the following condition 1 Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb surrounding residential property or to shine and project upward to prevent the diffusion into the night sky 2 The living screen shown on the detailed plan shall consist of shrubbery of the holly variety SECTION ION 2 That the provisions of this ordinance as they apply to the 0 082 acres shown in the detailed plan herein approved, shall govern and control over any conflicting \CH WUVOLI\SHA =SPTLOL\Out DocwumiYWrY�w OMWWd% provisions of Ordinance No 99-257, but all the provisions of Ordinance No 99-257 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 99-257 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 PASSED AND APPROVED this the &-- day of L, 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY AP OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 JUL4bA EXHIBIT "A" LFr-AL DESCRIPTION LEASE AREA I that certain tract or parcel of land lying and being situated in the Berry Merchant Survey. Abstract a 800, Denton County, Texas, and being part of a loct of land as conveyed to Pennel—Ford, L C i Warranty Deed with Vendors Lien dated April 8, 1997, and recorded in County Clerk File No 97- 325994 Records, Denton County, Texas, and being more particularly described as follows )MMENCING at the center line of Nowlin Road (right—of—way varies) and northeast corner of said annel— Ford L C. tract, ,stCE along a distancenofh 18.33t line of sold feet to a 5/8 ion rod set foriract, South 02 the POINT OF BEGINNING rees 00 minutes 55 seconds IENCC continuing on the west line of said Pennel— Ford L C . South 02 degrees 00 minutes 55 second ist, a distance of 6004 feet to a 5/8" iron rod set for the corner, IENCE through interior of said Pennel— Ford L. C , the following three (3) courses, North 89 degrees 51 minutes 27 seconds West, a distance of 60 04 feel to a 5/8" iron rod set for t )rner; A North 02 degrees 00 minutes 55 seconds West, a distance of 60 04 feet to a 5/8" iron rod set for I )rner., :GISouth 89 NNING degrees 51 minutes 27 3603 squares feel o East, 0 0827dacres of land more feet oralesspomt to the POINT OF �11ill, 1 iI CI ` 1"' EXHIBIT "B" P f saf N B i 3 i ° t s r Y P I SIT PI AN & FI FVATIC D ASLEY LANE 6PRIME( NOWUN ROAl1men5 \ sg \