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2011-029sAlegal\our documents\ordinancesll l\sd10-0001 del taco.doc ORDINANCE NO. 2011-029 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 2005-081 TO AMEND THE SIGNAGE PLAN AND SIGN FINISHING REQUIREMENTS OF THE SPECIAL SIGN DISTRICT FOR DENTON TOWNE CROSSING, ON A SITE LOCATED AT 1715 SOUTH LOOP 288, AND LEGALLY DESCRIBED AS DENTON TOWNE CROSSING ADDITION, BLOCK A, LOT 6, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (SD10-0001) WHEREAS, Lori Ellen Burnham, on behalf of Del Taco, Inc., initiated a request to amend the approved regulations contained within the Denton Towne Crossing Special Sign District; and WHEREAS, on January 19, 2011, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested change with conditions; and WHEREAS, the City Council finds the amendment to the regulations of the Special Sign District for Denton Towne Crossing is consistent with the Comprehensive Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Ordinance No. 2005-81 is hereby amended by approving the following sign regulations to be applied to Lot 6, Block A, of the Denton Towne Crossing Addition also located within the Denton Towne Crossing Special Sign District: 1. All original conditions of approval and subsequent modifications associated with the Special Sign District for Denton Towne Crossing shall remain valid, unless specified herein. 2. The monument sign for Lot 6, Block A of the Denton Towne Crossing Addition shall be located as shown in Exhibit "A". 3. The sign facing may optionally have a stucco finish, as shown in Exhibit "B". SECTION 2. The provisions of this ordinance as they apply to the Denton Towne Crossing Special Sign District as shown in Exhibits "A" and "B" herein approved, shall govern and control over any conflicting provision of Ordinance No. 2005-81, as they apply to the sign described herein; however, the provisions of Ordinance No. 2005-81 not specifically modified herein shall continue in force and effect, with respect to provisions not specifically modified herein. SECTION 3. A copy of this ordinance shall be attached to Ordinance No. 2005-81 showing the amendment herein approved. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, 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, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 52011. ATTEST: JENNIFER WALTERS, CITY SECRETARY c ) B . b a 0 )Ti~~ - APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: t' EXHIBIT A DENTON TOWNE CROSSING SIGNAGE PLAN EXHIBIT B SIGN ELEVATION 3.1 w > 0 ~Z I a r W yWJ~ Z n G- ¢cg~ Qa H z ` ' o ,,''rr o o 7SZ ~ a d Z O? r z0 7x3 2 O aUw~ O? U F O ~ Z p } H e6 z o p U _ Z d'Y-p'sp aJ - S U Urn 5 u. ~ U y ~p ¢I- m Z ~z ~t~A ~ Z? 4 woj O~~ V5 a. U 3: Llj o zw M;R zp tea - m UU¢ gCa gr a»c' z W zW3 ao 6 I- oz h~Z~ S LL a°~ `om SL~o~ F- i W ` j ' f Z U. III s ~ Z „rr „ss A•A - ~ ..0•.Z ,A L Htl0 ,A L A l e M I 8 8 6