2013-182FILE REFERENCE FORM 2013-182
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Amended b Ordinance No. 2015-303 09/15/15 JR
ORDINANCE NO. 2� 13-1 g2
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A DETAILED PLAN
TO ALLOW A 1,691 SQUARE-FOOT BUILDING FOR AUTO LAUNDRY (CAR WASH)
ON 0.622-ACRE PROPERTY LOCATED WITHIN THE WHEELER RIDGE PLANNED
DEVELOPMENT DISTRICT (PD-176). THE SUBJECT SITE IS LOCATED AT THE
SOUTHEAST CORNER OF TEASLEY LANE (FM 2181) AND ROBINSON ROAD 1N THE
CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING A SAVING CLAUSE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z13-0005)
WHEREAS, on August 3, 1999, by Ordinance 99-257, the City Council approved a
change in zoning for 65,17 acres of land in Planned Development 172 (PD-172) zoning district;
and
WHEREAS, on October 5, 1999, by Ordinance No. 99-367, the City Council approved a
change in zoning for 167.477 acres of land in Planned Development 176 (PD-176) Zoning
District; and
WHEREAS, on November 2, 1999, by Ordinance 99-405, the City Council approved a
change in zoning for 38.6 acres of land in Planned Development 170 (PD-170) Zoning District;
and
WI-IEREAS, on June 20, 2000, by Ordinance 2000-216, the City Council approved a
Detailed Plan (the "Prior Detailed Plan') for 253.36 acres located in the PD-170, PD-172 and PD
176 Zoning District; and
WHEREAS, on December 1, 2009, by Ordinance 2009-302, the City Council approved a
an amendment to ordinances 99-257, 99-367, 99-405, 2000-216, and 2003-062, to amend the
existing Concept Plan associated with approximately 9.08 acres, and to approve a Detailed Plan
on approximately 4.05 acres within that amended Concept Plan; and
WHEREAS, on October 5, 2010, by Ordinance 2010-254, the City Council approved an
amendment to Ordinance 2009-302 and a Detailed Plan for approximately 0.83 acres for the
development of a gasoline station within Tract 1 of PD 176; and
WHEREAS, on March 19, 2013, by Ordinance 2013-076, the City Council approved a
Detailed Plan for approximately 0.835 acres for the development of a new auto parts sales within
Tract 1 of PD 176; and
WHEREAS, Allison Engineering Group has applied for a Detailed Plan to develop a
1,691 square foot auto laundry (car wash) on 0.622 acres, as depicted in Exhibits `B", "C" and
"D", attached hereto and incorporated herein by reference, and;
WHEREAS, on June 26,2013, the Planning and Zoning Commission concluded a public
hearing, and recommend approval of the requested Detailed Plan; and
WHEREAS, on July 16, 2013, the City Council conducted a public hearing and finds that
the Detailed Plan is consistent with the approved Concept Plan and for PD-170, PD-172 and PD-
176, and is consistent with the Denton Plan and the Development Code; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. A Detailed Plan on 0.622 acres on a property currently zoned PD 176 is
hereby approved, subj ect to the following condition:
1. All original conditions of approval and subsequent modifications associated with PD 176
shall remain valid, unless specified herein.
2. The site plan as submitted and shown in Exhibits "B" and "C" shall guide the
development of the site.
3. The elevation drawing submitted and shown in Exhibit "D" shall guide the development
of the 1,691 square foot building.
SECTION 3. The Detailed Plan attached hereto and incorporated herein as Exhibits "B",
"C" and "D", is hereby approved for the property described in the caption of this ordinance.
SECTION 4. The provisions of this ordinance as they apply to the Property shall govern
and control over any conflicting provisions of Ordinance No. 99-257, No. 99-367, 99-405, No.
2000-216, No. 2003-062, 2009-302, 2010-254 and Ordinance 2013-076, but all the provisions of
Ordinance No. 99-257, Ordinance No. 99-367, Ordinance No. 99-405, Ordinance No. 2000-216,
Ordinance No. 2003-062, Ordinance 2009-302, Ordinance 2010-254 and Ordinance 2013-076 as
they apply to that remaining portion of the planned development district not herein amended,
shall continue in force and effect and shall apply to the remainder of said district.
SECTION 5. A copy of this ordinance shall be attached to Ordinance No.99-257,
Ordinance No.99-367, Ordinance No. 99-405, Ordinance No. 2000-216, Ordinance No. 2003-
062, Ordinance 2009-302, Ordinance 2010-254, and Ordinance 2013-076, showing the
amendment herein approved.
SECTION 6. 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 sha11 constitute a separate and distinct offense.
SECTION 7. 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 , 2013.
M RK A. U OUGH , MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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Exhibit A
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING
SITUATED IN THE B. MERCHANT SURVEY, ABSTRACT NUMBER 800, CITY
OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED
167.477 ACRE TRACT DESCRIBED IN A DEED TO WHEELER RANCH, LTD.,
RECORDED IN VOLUME 4288, PAGE 1637, REAL PROPERTY RECORDS,
DENTON COUNTY, TEXAS AND ALSO BEING PART OF LOT 2, BLOCK A,
WHEELER RIDGE COMMERCIAL, AN ADDITION TO THE CITY OF DENTON,
DENTON COUNTY, TEXAS, ACCORDING TO THE CONVEYANCE PLAT
THEREOF RECORDED IN DOCUMENT NUMBER 2010-177, PLAT RECORDS
OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A X FOUND IN CONCRETE AT THE SOUTHEAST
CORNER OF LOT 5, BLOCK A, WHEELER RIDGE COMMERCIAL, AN
ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS,
ACCORDING TO THE PLAT THEREOF RECORDED UNDER DOCUMENT
NUMBER 2011-128, PLAT RECORDS, DENTON COUNTY, TEXAS, AND THE
V11EST LINE OF SAID LOT 2, SAID X ALSO BEING ON THE EAST LINE OF
TEASLEY LANE (F.M. 2181);
THENCE SOl'JTH 02 DEGREES 24 MINUTES 20 SECONDS EAST WITH THE
WEST LINE OF SAID LOT 2 AND THE EAST �LINE OF TEASLEY LANE (F.M.
2181), A DISTANCE OF 148.41 TO A 1/2 INCH IRON PIN WITH YELLOW CAP
STAMPED "METROPLEX 1849" SET ON THE WEST LINE OF SAID LOT 2
AND THE EAST LINE OF TEASLEY LANE (F.M. 2181) AND BEING THE POINT
OF BEGINNING OF THE HEREIN DESCRIBED TRACT;
THENCE NORTH 87 DEGREES 52 MINUTES 57 SECONDS EAST, A
DISTANCE OF 271.15 FEET TO A 1/2 INCH IRON PIN WITH YELLOW CAP
STAMPED "METROPLEX 1849" SET ON THE EAST LINE OF SAID LOT 2 AND
THE WEST LINE OF LOT 1, BLOCKA, WHEELER RIDGE COMMERCIAL, AN
ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS,
ACCORDING TO THE CONVEYANCE PLAT THEREOF, RECORDED UNDER
DOCUMENT NUMBER 2010-178, PLAT RECORDS, DENTON COUNTY,
TEXAS;
THENCE SOUTH 02 DEGREES 24 MINUTES 20 SECONDS EAST WITH THE
EAST LINE OF SAID LOTAND THE WEST LINE OF SAID LOT 1, A DISTANCE
OF 100.00 FEET TO A 1/2 INCH IRON PIN WITH YELLOW CAP STAMPED
"METROPLEX 1849" SET ON THE EAST LINE OF SAID LOT AND THE WEST
LINE OF SAID LOT 1;
THENCE SOUTH 87 DEGREES 52 MINUTES 57 SECONDS WEST, A
DISTANCE OF 271.15 FEET TO A 1/2 INCH IRON PIN WITH YELLOW CAP
STAMPED "METROPLEX 1849" SET ON THE WEST LINE OF SAID LOT 2
AND THE EAST LINE OF TEASLEY LANE (F.M. 2181);
THENCE NORTH 02 DEGREES 24 MINUTES 20 SECONDS WEST WITH THE
WEST LINE OF SAID LOT 2 AND THE EAST LINE OF TEASLEY LANE (F.M.
2181), A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING AND
CONTAINING IN ALL 0.622 ACRES OF LAND.
Exhibit B
(Detailed Plan)
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