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PDA18-0009aS: L.epak0u.urDocu..rr cats\0rdinainccs\II9\111DA.1 8-0009.docx. • ! ' • ' i, 111' AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING A DETAILED PLA_ FOR A 2.96-ACRE PARCEL LOCATED WITHIN THE PLANNED DEVELOPMENT 176 (PL 176) ZONING DISTRICT, GENERALLY LOCATED ON THE WEST SIDE OF NORTH F? 2499, APPROXIMATELY 1,450 FEET NORTH OF HICKORY CREEK ROAD IN THE CIT OF DENTON, DENTON COUNTY, TEXAS, TO ALLOW A STORAGE WAREHOUS (SELF -STORAGE) USE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT 0 $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AN ESTABLISHING AN EFFECTIVE DATE. (PDA 18-0009, Proposed Self -Storage Facility) WHEREAS, Rick Jones of • . . •Storage, on behalf of - property owner, applied. s • Development Amendment forDetailed Plan c approximately 2,96 acres of land, as described and shown in Exhibit "A" (hereinafter, "tf Property"); . • WHEREAS, on August 3, 1999, by Ordinance 99-257 the City Council approved a chan� in zoning for 65.17 acres of land in Planned Development 172 (PD- 172) zoning district; and WHEREAS, On October 5, 1999, by Ordinance 99-367, the City Council establishe Planned Development 176 (PD- 176), approved development standards for PD- 176, and approvc the Concept Plan for68of • located within the '1 r zoning district,r WHEREAS, The Concept Plan designated the subject property as part of Tract 3, whic was designated for commercialdevelopment,and zoningWHEREAS, on November 2, 1999, by Ordinance 99-405, the City Council approved change in • • acres of • in Planned D•• - 0 'DZoning . r WHEREAS, on June 20, 2000, by Ordinance 2000-216 the City Council approved Detailed Plan forresidential uses on • acres located. R r ' ' ••• • by Ordinance 99-367; and WHEREAS, on February 20, 2019, the Planning and Zoning Commission, in complian"T WHEREAS, on March 19, 2019, the City Council likewise conducted a public hearing as required by • consider the Detailed Plan requestand found that the Detailed Plan is consistent with the approved Concept Plan for PD-176, and is consistent with the Denton Plan and the Development ••- provided certain conditionsof •• •THEREFORE, 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. The Detailed Plan for the subject Property, located within Tract 3 of Planned Development 176 (PD-176), is attached hereto and incorporated herein by reference as Exhibit "B", and is hereby approved, subject to the following conditions: No exterior lighting on the building shall face a single-family residential use, or if such lighting is proposed, it shall be screened from view of adjoining residential properties. A photometric plan shall be provided with the building permit application demonstrating compliance with the DDC's site lighting requirements in Section 35.13.12. 2, Due to the proximity of this location to single-family residences, the majority of the PD being residential, and the lack of signage regulations in the PD, the project shall comply with the Code of Ordinances sign requirements for non-residential districts as well as the following limitations: a. No illuminated wall signs may face an adjoining single-family use, SECTION 3. The attached site plan, landscape plan, and building elevations provided in the Detailed Plan provided in Exhibit "B" specify the following requirements, and are incorporated as requirements of the SUP. 1. Four buildings with a total area of 84,933 square feet. Of this square footage, 1,134 square feet is proposed as office space, and the remaining 83,799 square feet is warehouse/storage space. 2. The buildings range in height from 13 feet to 32.5 feet. 3. A total of 5 parking spaces are proposed near the office. 4. Entrances to the interior of the facility are gated, and all drive aisles and unloading areas are internal to the facility. 5. A proposed 8-foot high masonry screening wall with wrought -iron gates is proposed along the rear property line in between the buildings, and an 8-foot high wrought -iron fence is proposed around the detention pond on the north end of the property. 6. Approximately 27% of the subject property is proposed to be landscape area, and approximately 21% of the subject property is to be covered by tree canopy. SF(.."'HON 3. The provisions of this ordinance, as they apply to the 2.96 acres shown in the Detailed Plan herein approved, shall govern and control over any conflicting provisions of Ordinance No. 99-367, but all provisions of Ordinance No. 99-367, as they apply to that remaining portion of the district not herein amended, shall continue in force and effect, and shall apply to the remainder of said district. SECTION 4. ' That a copy of this ordinance shall be attached to Ordinance No. 99-367 showing the amendment herein approved. SECTION 5. Unlawful use. It shall be unlawful for any person, firm, entity, or corporation to make use of the above -referenced Property in some manner other than as authorized by the Denton's Codes of Ordinances and this Ordinance. SF,CTION 6, Sevqr4hili1.)L If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SIX"TION T Penalt . Any person, firm, entity or corporation violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00 for each violation. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. The penal provisions imposed under this Ordinance shall not preclude Denton from filing suit to enjoin the violation and it retains all legal rights and remedies available to it under local, state and federal law. S F( ITION 8, In compliance with Section 2.09(c) of the Denton Charter, 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. The motion to apl)rove this or nuance was made by and seconded by the ordinaiiccsed and approved by . ................. . . . . . . ........... . . ...... . . . r- the following vote 17 - -0i: A Nay Absiaiii Absent . ... . .... . Chris Watts, Mayor: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Don Duff, District 3: John Ryan, District 4: V,, Deb Armintor, At Large Place 5: 4,/ Paul Meltzer, At Large Place 6: V10,11 .............. PASSED AND APPROVED this the _ � _'l day of - ', N"`'" � "11 , ,: "''' ,. , 2019, W CHRIS °AF "S, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY mm APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: /s/Jerry E. Drake. Jr. ME Exhibit A Legal Description and Location Map BEGINNING, at a 1/2-inch iron rod with "KAZ" cap found in the westerly right-of-way line of F.M. 2499 (Barrel Strap, a 120-foot right-of-way); said point being the southeast corner of said Lot 1, Block A and the northeast corner of Lot , Block A of said Green Carwash Addition; THENCE, departing the said westerly line of F.M. 2499 and along the common line between said Lot 1, Block A and said Lot 2, Block A, the following five (5) calls: North 75 degrees, 57 minutes, 49 seconds West, a distance of 8.02 feet a 1/2-inch iron rod with cap found at the beginning of a non -tangent curve to the left; TW777- TVMMYUT�q �' I - minutes, 59 seconds, a radius of 37.00 feet, a chord bearing and distance of South 61 degrees, 52 minutes, 31 seconds West, 49.68 feet, an arc distance of 54.46 feet to a 1/2-inch iron rod with "KAZ" cap found at the end of said curve; South 19 degrees, 42 minutes, 31 seconds West, a distance of 37.21 feet to a 1/2-inch iron rod with "KAZ" cap found at the beginning of a non -tangent curve to the right; In a southwesterly direction, along said curve to the right, having a central angle of 69 degrees, 59 minutes, 38 seconds, a radius of 37.00 feet, a chord bearing and distance of South 54 degrees, 42 minutes, 42 seconds West, 42.44 feet, an arc distance of 45.20 feet to a 1/2-inch iron rod with "KAZ" cap found at the end of said curve; South 89 degrees, 42 minutes, 31 seconds West, a distance of 388.94 feet to a 1/2-inch iron rod with "KAZ" cap found in the common line between said Green Carwash Addition and Lot 19X, Block D, Wheeler Ridge Phase Two, an addition to the City of Denton, Texas according to the plat recorded in Cabinet V, Page 208 of the said Plat Records; said point also being the southwest corner of said Lot 1, Block A and the northwest corner of said Lot 2, Block A; THENCE, North 48 degrees, 15 minutes, 18 seconds East, departing the said common line between Lot 1, Block A and Lot 2, Block A and along the said common line between Green Carwash Addition and Lot 19X, Block D, Wheeler Ridge Phase Two, a distance of 807.56 feet t* a 1/2-inch iron rod found for corner; said point being in the west right-of-way line of a 30-foot street dedication as shown on Wynstone at Oakmont Phase 1, an addition to the City of Denton, Texas according to the plat recorded in Cabinet Q, Page 320 of the said Plat Records; THENCE, South 02 degrees, 09 minutes, 33 seconds East, departing the said common line between Green Carwash Addition and Lot 19X, Block D, Wheeler Ridge Phase Two and the ea line of said Lot 1, Block A and the said west line of a 30-foot street dedication, a distance of 156.72 feet to a 1/2-inch iron rod with "KAZ" cap found for corner in the said westerly line of F.M. 2499; said point also being the beginning of a non -tangent curve to the left; I THENCE, in a southerly direction, along said westerly line of F.M. 2499 and said curve to th's left, having a central angle of 15 degrees, 56 minutes, 10 seconds, a radius of 1,160.00 feet, a chord bearing and distance of South 22 degrees, 02 minutes, 52 seconds West, 321.60 feet, an arc distance of 322.64 feet to the POINT OF BEGINNING; III lip��111 111 111111 11 i.7 plillifill ;1111 Exhibit B Detail Plan i ( I:: ( OVN011; i"VINWOV 6�q .. ... ..... ..... .. .... .. .......... 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