1999-366AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 82-
83 TO PROVIDE FOR A DETAILED PLAN FOR 1 0214 ACRES LOCATED WITHIN
PLANNED DEVELOPMENT 41 (PD-41) ZONING DISTRICT, THE SUBJECT PROPERTY
BEING LOCATED ON THE SOUTHEAST CORNER OF EAST MCKiNNEY STREET AND
LOOP 288, 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 (Z-99-066)
WHEREAS, on October 19, 1982, by Ordinance 82-83, the C~ty Cotmcfl approved a
change m zomng for 112 88 acres of land to Planned Development 41 (PD-41) Zomng Dmtnct,
and
WHEREAS, on August 17, 1999, Pdchard King, AIA, on behalf of Dale Irwin, submitted
a detmled plan for 1 0214 acres located w~th~n PD-41, and
WHEREAS, on September 8, 1999, the Planning and Zomng Commission recommended
approval of a Detmled Plan for such 1 0214 acres, and
WHEREAS, the C~ty Council finds that the Detailed Plan ~s ~n comphance with the
Concept Plan for Planned Development 41 (PD-41) Zomng District, the 1988 Denton
Development Plan, the 1998 Denton Plan Pohmes and the Growth Management Plan Strategies,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That Ordinance No 82-83 providing for the approval of a Planned
Development Zonmg District Clasmficat~on and Use Demgnat~on for the property described as
PD-41 ~s amended by approwng the Detmled Plan attached hereto and incorporated here~n by
reference as Exhibit B for 1 0214 acres located w~thin PD-41, more particularly described by the
legal descrlpt~on attached hereto and incorporated herren by reference as Exhibit A, subject to
the following condmons
1 L~ghtlng on the property shall be designed and mmntmned so as not to shine on, or
otherwme dmturb surrounding residential property or to shine and project upward to
prevent dfffumon into the mght sky
2 Building shall be constructed of Brick w~th arhculation of the elevation and roof line
(Standard 7-11 Store fascm ~s allowed)
3 Monument S~gn 10-feet ~n height m heu of Pole S~gn on Loop 288 mdmated on Detml
Plan
~ That the provisions of this ordinance as they apply to the 1 0214 acres
shown m the detailed plan hereto approved, shall govern and control over any conflicting
provisions of Ordinance No 82-83, but all the provisions of Ordinance No 82-83 as they apply
to that remaining portion of the district not hereto amended, shall continue in force and effect
and shall apply to the remainder of said district
~ That a copy of this ordinance shall be attached to Ordinance No 82-
83showing the amendment herein approved
~ That any person wolating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense
/~_C_TLQ.~ That this ordinance shall become effective fourteen (14) days from the date
of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to
be published twice m the Denton Record Chronicle, official newspaper of the City of Denton,
Texas, wltlun ten (10) days of the date of its passage.
JAC~j~LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
API~OVED AS-- TO LEGAL FO
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
EXHIBIT A
I NT ",IV DE = .~:~-~-.~.
BEING RI 1UATEO IN THE M E P ~O P R R COMPLY GURV~ ABST~CT No 9Z7 DENTON COUN~
BEINU A P~T OH A O~LLED 6 5751 ACHE TRACT DESCRIBED IN DEFD TO CRAIG IRWIN ANI) DAr
RI-CORDFD IN DENTON COUN~ CLERK'S FII E Nn gE RODS0t 44 AND BEING MORE tULLY DCSCRIBED AM
FOLLOWS
BPGINNING AT THF WEST NOR~GT CORNER OF ~ID 6 5751 ACRE TRACT AT A 1 ~" IRON ROD ~FT WITH
YH ~OW CAP S~AMPED ~O~ RP~ 4813' AT I~F I~RSEC rlON OF THE ~ST RIGHT OF WA~ OF STATE
HIGHWAY I COP 288 WITH THE ~OU~FRI Y HIGHT~F-WAY OF ~T McKINNEY 5TRFET
1HENCE NORTHbSDEG 50MIN 23~EC ~TWiTHAHiGItWAYF~READI~TANCEOF56~FEETTOA 1/2
IRON ~OU FOUND FOR COHN~
~ENCE aOUTH 84 DEGRFEG ~ 8 MIN~6 58 SECOND~ ~ST, ~TH THE ~O~ERLY RIGHT OF WAY or
~GT Mo~NNEY ~ REET, A DIST~CE OF ~ 68 FE~ TO A 1~" IRON ROD SFT FOR CORNER WI rH YFI L~W
CAP sTAMPBD ~OT~ RP~ 4813",
THENCE QOUTH ~ DES 05 MIN 12 SEC ~ WI~ ~F SOt~IIERLY RIGI IT OF-WAY OF ~OT McKINNEY
S I REt T, A DIe'CE OF 174 ~ FEET TO A 112' lEON ROD SET FOR CORNER WITH Y FIt OW CN~ STAMPE O
~OTE~ RPkS 4813",
THENCE ~UTH 49 [)ES ~ MIN 01 SEC WE~T, A DIST~CE OF 257 23 FEFT TO A 1~" IRON ROD 8~ FOR
CORNER WITH YF~ C~ ~P;D ~OTEX RPLS ~13'
~HFNC NOR~42DEG 05MIN 258EC W~$~ADISTANCEOFll~24FEETTOA11?"IRONSETFOR
CORNFR Wll H YE~ C~ ~PED ~OT~ RPL6 481~,
THENCE NORTH 68 DES 45 MIN ~ ~EC WEST A DISTANCE OF 6 8[ FEET ~ 0 A 5/8" tl~Or~ ROD FOUND ~ OR
C ORN~ IN THE ~AffilERLY LINE OF Stt LOOP 286,
THFNCE NOR~ 01 DES 15 MtN 00 SEC F~ WITlt THE ~OT RIGHT ;~F WAY I INF OF ~AI~ S 14 LOOP 288 A
DISTANCE O~ J69 97 FEET TO ~E pOINT OF BEGINNING CONTAINING 44,491 SQUARE FFCT OR 1 0214
ACRFB OF ~D MORE OR
,, ,I f' I t, , .ill ' nj [~,l i..I.. ~ll!l
l;; Ii '!! !l ~Il!lI [I [ I ,~ .][, l, ,,, [,
1"'"" "'
~,! ~,.~.,1~ 4,t
fiilli]li., ,, liit,,I.,
"',"lJiili ttiglill ,,,~;,,t,. ,,,,,4.'
Il I~ Ih
/
/
/