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1998-038AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE COMMERCIAL CONDITIONED (C[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE PLANNED DEVELOPMENT CONDITIONED (PD[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION AND APPROVING A DETAIL PLAN FOR A 0 425 ACRE TRACT LOCATED ON THE SOUTHEAST SIDE OF LOOP 288, SOUTH OF SPENCER ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Mr Mike Kurowskl lmtlated a change In zoning by applying for approval of a detail plan for a 0 425 acre tract of land fi.om the Commercial CondlUoned (C[c]) zoning district classlficatmon and use deslgnatmon to the Planned Development (PD) zoning district classmficatlon and use designation, and WHEREAS, on January 28, 1998, the Planning and Zomng Commission recommended approval of the detluled plan, and WHEREAS, the C~ty Council finds that the change m zomng will be ~n compliance with the Denton Development Plan, NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the zoning district classification and use designation of the 0 425 acres of land described ~n Exlubmt A ~s changed from the Commercial conditioned (Cie]) zoning dlstnct elasslficatmon and use designation to the Planned Development Condmonal (PD[e]) zoning district classificatmon and use desmgnatlon and adopting the detailed plan, attached hereto and incorporated hereto as Exhibit B for all purposes, mn accordance with the comprehensive zomng ordinance of the Cmty of Denton, Texas, subject to the following conditions 1 Llghtmng shall be of the type and specifications as shown in Exhibit C and is attached and incorporated herein 2 The only permitted use is that of a retail gasohne station as shown in the detailed plan SECTION II That the City's official zoning map is hereby amended to show the change mn zomng district classiflcatmon SECTION III That any person vmolatlng any provision of this ordinance shall, upon convictmon, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and dmstlnct offense SECTION IV That this ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the City Secretary ~s hereby darected to cause the caption of th~s ordmance to be pubhshed twice m the Denton Record-Chromcle, a daffy newspaper pubhshed in the City of Denton, Texas, w~th~n ten (10) days of the date or,ts passage P^SSED ~ ~PROVED this the/?~dayo, ?e~r~,~/ ,~998 ATTEST JENNIFER WALTERS, CITY SECRETARY PAGE 2 EXHIBIT A LEASE AREA PROPER~ DESCRIPTION BEING a description of a 0 425 acre or 18,528 square foot portion of Lot 1, Block 1 of Wal-Mart Addition, an addition to the City of Denton, Denton County, Texas, as shown on the Plat recorded in Cabinet L at Slide 311 of the Plat Records of Denton County, Texas Said 0 425 acre portion thereof being more particularly described as follows COMMENCING at a 1/2-inch iron pin located at the most westerly common corner between Lot 1 and Lot 4 in said addition, and being on the southeasterly right-of-way line of State Highway Loop 288 {a variable width right-of-way), THENCE South 38 deg 43 mln 00 sec East, departing said southeasterly right-of-way line, and along the common line between said Lot 1 and Lot 4, a distance of 182 50 feet to a 1/2-1nch iron rod found for corner, THENCE North 51 deg 17 mln 00 sec East, contlnulng along a common line between said Lot 1 and Lot 4, a distance of 87 57 feet to a 1/2-inch ~ron rod found for corner at the beginning of a curve to the right having a central angle of 12 deg 30 mln 06 sec , a radius distance of 185 00 feet, a chord distance of 40 29 feet, and a chord bearing of North 57 deg 32 mln 03 sec East, THENCE Northeasterly along said curve to the r~ght and contl~ulng along the said co~non l~ne between said Lot 1 and said Lot 4, an arc distance of 40 36 feet to a 1/2-inch ~ron rod set for corner, THENCE South 38 deg 43 mln 00 sec East, a distance of 17 18 feet to a P K nail set in asphalt for corner and being the POINT OF BEGINNING, THENCE North 00 deg 00 mln 00 sec East, a distance of 5 88 feet to a chiseled "X" set for corner, THENCE South 90 deg 00 mln 00 sec East, a distance of 193 00 feet to a P K Nail set for corner, THENCE South 00 deg 00 mln 00 sec East, a distance of 96 00 feet to a P K Nail set for corner, THENCE North 90 deg 00 mln 00 sec West, a distance of 193 00 feet to a P K Nail set for corner, THENCE North 00 deg 00 mln 00 sec East, a distance of 90 12 feet to the POINT OF BEGINNING, and CONTAINING 0 425 acre or 18,528 square feet of land more or less ~ Prepared by PRISM SURVEYS, INC 1361 W Euless Blvd Suite 112 Euless, Texas 76040 Michael Dale L~nke Registered Professional Land Surveyor No 4508 NOTES 1) Basis of Bearings The Basis of Bearings for this description is the come, on line between Lots 1 and Lot 4 as shown on the Final Plat of Wal-Mart Addition recorded in Cabinet L at Slide 311 of the Plat Records of Denton County, Texas EXHIBIT B EXHIBIT C -~~ -~ F/×z'6'~-Z~-- DAKOTA DIMENSIONS $11~e / ORDERING INFORMATION ~ele~t al~pref~et~ chela trom rich Celamfl to formulate o,cler code ReSet to e~amp~e below EXAMPLEOFATYPIGALOIqDER ~'~~"~IM~ ~Y ,~ ~ , OPTIONAL CHAIN SLOPE SURFACE ACCESSORY' ORDERING INFOR~TION HANGING KIT - CHK ADA~OR- S~ .,..aae, ardeNwm~ [ · 1HE DAKOTA' .SERIES nl~,mn~ a,~rl lam~ lyes provide uniform distnbutton and make Dakota fixtures Ideal for ~r~f~ stahon ~onvemence store and automotive dealership ap~ll~tlons SPECIFICATIONS HOUSING LIGHT SOURCE5 BA[~ST and ~st,rlng weaffier t~ht RER~TORS/DIS~IG~ M~I~ conslru¢ll~n Each fixture Is PA~RNS damp Iomllons tn a pile ~i~e symmetrical su~ ~uflJ w~ Jl~ minimum regq~or o~ a high p/do.anco s~ce I~m e~ng, L~J~? symmetrical Inflator All maunM~ tO ~1 ~ ~norete Thp OakolA Is ~l~Me wff~ pho~r~ da~ ~ ce~lf~d any pt the tolM,Mng bn~ ~es W an i~l~ndenl lesUng facth ~ an mle~lon mo~ ~d~matlc ac~llc for ~t~ FINI~HE~ d~slrlbuhon dmpp~ ~Ncarbomte~NQh OumGfl~ LSI ~hUng S~ms' ~da~m amos. o~ r~u~na~ super~r ~d on ~e 0i~t ~OM ~ i~rfl pr~s to gl~ ~e ~u~ frame ~ ~e h~ appeara~ Standard ~ FAS~NER are bronze bla~ ~ whRe The Dakota e~ruded al~l~mm The Du~aGflp po~er finish d~r ~sstener ~ allows laSy changes whhout e~eking SOCK'S ~r r~e yea~s - con~s ~or long life PHOTOMETRIC$ 3M)I ling ~ A n c D a i~ a 3~ ............................................... -DAKOTA s~ 42 lbs --* ~*#~,J,-..~,~ 'To F/.**4T ORDERING INFORN~TION select eppmprlate crlo~ce ~rom each column to formulate order code Beler to exampl~ Line L~minstre Optlaps 175 2~0 4~OWat~ Po carbonate 277V I EXAMPLE OF A TYPICAL ORDER CODE '-S SMH-:D~- 120V- WHT- N0