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1998-152Z 98 018 doc ORDIN, CE NO C]g.. / AN ORDIlqANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE PLANNED DEVELOPMENT DISTRICT (PD-157) CREATED BY ORDINANCE 96-023, PROVIDING FOR AN AMENDMENT TO THE DETAILED PLAN TO ALLOW FOR A CHANGE IN PERMITTED Ep~g FROM A CAR WASH TO A COMBINATION OF CONVENIENCE STORE (WITH OFF- P ~IIS]~SALE OF BEER AND WINE), GASOLINE STATION AND CAR WASH ON THE 1 059 ACRE DISTRICT AS SHOWN ON THE ATTACHED DETAILED PLAN LOCATED ON THE NORTH CORNER OF THE INTERSECTION OF COLLINS STREET, CARROLL BOULEVARD AND FORT WORTH DRIVE, PROVIDNG FOR A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Ordinance 96-023 provided for the creation of a planned developmem district (PD-157) and the approval of a detailed plan for a car wash on 1 059 acres of land located on the north comer of Collins Street, Carroll Boulevard and Fort Worth Drive, and WHEREAS, Mmhael Roberts, on behalf of Metro Marketing Inc, has applied for an amendment to the approved detmled plan for PD-157 to allow for a eonvemence store (with off- premise sale of sale of beer and wine), gasoline station and a car wash, and WI-IEREAS, on May 13, 1998, the Planning and Zoning Commission recommended approval of the requested amendment to the det~uled plan, and WHEREAS, the City Council finds that this detailed plan will be in comphance w~th the 1988 Denton Development Plan and the 1998 Denton Plan Policies, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~_I That Ordinance 96-023, as it relates to the approved detmled plan for Planned Development D~stnct 157 (PD-157), a planned development &smct comprising 1 059 acres of land located thereto and more particularly deacnbed by the legal description attached hereto and mcorporatexl hereto as Exlub~t A, ~s hereby amended to allow a convemence store (w~th off-premise sale of sale of beer and wine), gasoline station and a car wash .~C2~.O.]k~ That the entire 1 059 acres conttuned in Planned Development 157 (PD-157) described by Exhibit A, ~s hereby approved for the detailed plan attached hereto and incorporated herein as Exhibit B CI~ That the prows~ons ofthas ordinance govern and control over any confl~etmg provisions of Ordinance 96-023, as ~t relates to the enUre 1 059 acres contatned within PD 157, / 95 0t80tdlnanc* dog Z-98-018 ~ That a copy of thru ordinance and the detailed plan shall be attached to Ordinance 96-023, showing the amendment herem approved ~ That any person molatlng any prows~on of this ordinance shall, upon conwct~on, be fined a sttm not exceeding $2,000 00 Each day that a provision of thru ordinance ~s wolated shall constitute a separate and dmtmct offense ~ That flus ordinance shall become effective fourteen (14) days ~om the date of Its passage, and the Czty Secretary is hereby d~rected to cause the caption of this ordinance to be pubhshed twine m the Denton Reeord-Chromcle, a dally newspaper pubhshed m the City of Denton, Texas, wxthm ten (10) days of the date of ~ts passage PASSED AND APPROVED this the c~t~ day of ~ ,1998 JACK~(LLER, MAYO ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LBGAL FORM HERBERT L PROUTY, CITY ATTORNEY F \SHARED~DEPT~LGL\Our Documenls\Ord~nances\98~Z 98-018 Orflmance doe ? 96 018 O~ ~tmam e doc PAGE 2 EXHIBIT A 1 059 ACRES FIELD NOTE8 to all that certain tract of land situated In the City of Denton, Denton County, Texas and being ell of Lot 2 in Block 1 of Canoll Point Addition, Lot 2 Block 1 an addition In said City, according to the Plat thereof, recorded In Cabinet D Page 388 of the Plat Records of Denlon County, Texas end also being ell of Lot 1 Block 1 Cozy Oaks Addition. an addition in said City, according to the Plat thereof recorded in Cabinet C Page 344 of said Plat Records, as recognized and ooc~upied on the ground, the subject tract being more particularly described es follows, BEGINNING for the Northwest Comer of the tract being described herein at a capped iron red set for the Northwest Comer of said Lot 2, same being the SouthweSt Comer of Lot I In Block 1 of Carroll Park Addition, an addition In said City according to the Plat thereof, recorded in Cabinet D Page 202 said Plat Records and being In the East hne of Can~ll Boulevard, THENCE South 89 Degrees 33 Minutes 12 Seconds East with the North line of said Lot 2 and the South line of Said Lot I Carroll Park Addition a distance of 127 40 feet to e 1/2" iron rod found for the Northeast Comer of said Lot 2 and the Southeast Comer of said Lot 1 In the West hne of Lot 2 of Myrtle Addition, an addition In said City. according to the Plat thereof recorded in Cabinet B Page 231 Plat Records, THENCE South 00 Degrees 52 Minutes 02 Seconds West w~th the East line of said Lot 2 Carroll Park Addition and the West line of said Myrtle Addition a d~stence of 69 82 feet to a 112" Iron rod found for the Northwest Comer of Lot 1 of said Cozy Oaks Addition, THENCE South 89 Degrees 28 Minutes 47 Seconds East with the North line thereof and the South hne of sa~d Myrtle Addition a distance of 159 73 feet to a 1/2' to a capped Iron rod set for the Northeast Comer of said Cozy Oaks Add~tlon as dedicated tn the Hatted West hne of Myrtle Street, THENCE South 00 Degrees 27 Minutea 57 Seconds East with the East line of said Cozy Oaks Add~ti0n along said Street a d~stance of 87 82 feet to a 1/2' a capped Iron rod sat for an angle point in said East line, being in the apparent Northwesterly line of Ft Worth Drive, THENCE South 38 Degrees 49 M~nutes 49 Seconds West vath the South line of said Cozy Oaks Add~tlon along said Drive a distance of 163 39 feet to a square tube found for the Southeast Comer of said Cozy Oaks Addition, THENCE North 86 Degrees 30 Minutes 06 Seconds West with the South line thereof a distance of 60 05 feet to a 2" pipe found for the Southwest Comer of said Cozy Oaks Addition, same being the South Comer of said Lot 2 of Carroll Point Add~tion in the Easterly line of said Carroll Boulevard, THENCE North 23 Degrees 40 Minutes 44 Seconds West vath the West line of said Lot 2 along said Boulevard e distance of 309 77 feet to the PLACE OF BEGINNING and enclosing 1 059 acres of land