S18-0007cS ALegahOur Docume^n&s\Ordinances\I9\S 18-0007 revised 040419,doex.
r r � " � �► . ., ►, � , , r r � . � . r
WHEREAS, ri i Moyo of Dent One, on behalf of property owner,i ii
Sports i," Game Swap LLC, has applied fora Specific Use Permitiallow for
`.ir use on approximately 0.57 acre, within theDi ,:i Commercial General (DC-G) zonin.Q
district i use classification,as described i shown in Exhibit',.r 4i`
and
hearingWHEREAS, on March 19, 2019, the City Council likewise conducted a public
as
`ri . i i i. r. i , r .i r ri ri .r . i
I ,,
date of
April r,
i. . r. .i i r r , i ` i •i., i . .i .
restrictions and conditions set forth herein; ais
WHEREAS, Councildetermined . be beneficial Denton i
citizens to ' ,, i� be r i public
health;and r should be granted; THEREFORE,
THE COUNCIL OF THE CITY OF DENTOtW*N9&W0k*V.D11LJS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated by reference and found to be
SECTION 2. The SUP to
allowon Property as shi on
attachedplan and incorporated:hereby approved, subject to the followi
conditions:
1. The vehicle repair use shall be limited to the approximately 600 square foot one-story
building area shown on the attached Site Plan.
S:\I,Ce,aI\Ot It' Doct 1111011 W'Ot (I i I lalims\I( AS 18-000, 1 c0scd,doo
') All customer vehicles located at the facility i1or either repair or pick -tip following repair
work shall be kept behind the 6-foot wood fence in the gravel storage area shown on the
Site Plan,
3, The proposed 646ot wood screening Pence shown on the Site Plan shall be installed and
maintained so long as a vehicle repair use is located on the subject property.
4. The proposed Type C landscape buffer shown on the Site Plan along the southern
property title shall be installed and maintained in accordance with the City's landscape
code. In addition, the proposed Type C landscape buffer shall be installed along the eastern
property line along the existing wood fence up to the southern edge of the existing vacant
building shown on the Site Plan, Additionally, the proposed deciduous ornamental trees
within the buffer shall be replaced with a deciduous tree from the Medium or Large Canopy
tree list in the Site Design Criteria Manual.
5, No storage of inoperable vehicles shall be permitted on the subject property,
6. failure to adhere to the conditions stated above may result in revocation of the SUP in
accordance with DDC Section 35.6.6.
SLICTION 3. The attached site plan provided in Exhibit "B" specifies the following
requirements, and are incorporated as requirements of the SUP,
The vehicle repair use is associated with a 600 square foot existing building located at
208 [,. McKinney Street.
2. Two parking spaces are dedicated to the Auto Repair use,
J Vehicte storage is indicated to be screened by a 6-floot tall wooden fence to be located
in between the retail store building at 204 E'. McKinney Street and the automotive repair
building.
4. The proposed maxiniurn lot coverage is 20,803 square feet (83.20/0 of the lot area). This
amount may be reduced due to the installation of the additional landscape buffer along
the eastern property line is indicated in Section 2.
SIj;:'('Tl()N d. Failto'c to Comply. I`xcopt: as otherwise suited above, all terms of the SUP
shall be complied with prior to issuance of Certificate of Occupancy. Failure to comply with any
term or condition of the Ordinance will result in the SUP being declared null and void, and of no
force and effect. The SUP is issued to the entity named above runs with the land, and is assignable
and transferable to subsequent owners of'the Property.
("I'l ON 5-., ' ' Upon notice to the property owner and a hearing before
the City Council, a SIJI-)--ti'ia-y'be'revoked or modified if: 1. There is one or more of the conditions
imposed by this Ordinance chat has not been met or has been violated on the Property; or 2, The
SUP was obtained or extended by fraud or deception; or 3, As otherwise permitted by law arid/or
Denton's Zoning Ordinance.
SAI.c hour Docmncnis\0rdinances119\518-0007 roviscd.docx
S1;CTION 6, 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.
SECTION 7, Severability, 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.
t'j (. _ ON 8. Penalty, Any person, firm, entity or corporation violating any provision of
this ordinance shall, upon conviction, be f:iried 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 Ordinancc 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.
SI: C'"]0N__9, 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, riroddto r � va this 1-dionce as, Irl"'I e by � and
seconded
the Ordimince was passed and approved by the
fi:llowing vlxte
Nay Abstain Absent
Chris Watts, Mayor:
Gerard Iludspcth, District 1:°
Keely G, Briggs, District 2:,"� _....�_
Don Duff, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
['ASSED AND APPR0VED this the �/14 da), o�l" ���ty�� � �� � „ 20t9,
4
A I"I S, MAYOR
w
SAl.c.,wl\0ur DocumcntAOrclinances\1 9\S 18-0007 reviscd,doQx
ATTE'ST:
ROSA RIOS, CITY S1:CRE-FARY
B Y,
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: /s/Jerry E. Drake. Jr.
Exhibit A
Legal Description
Being all that certain tract or parcel of land situated in the Hiram Sisco Survey Abstract Number 1184,
Denton County, Texas and being all of Tract One and all of Tract Two described in a deed from James W.
Hardin to Wendell Smith and Jeff Smith as recorded under County Clerk's File Number 94-R0059606 of
the Real Property Records, Denton County, Texas, and being more particularly described as follows
BEGINNING at a X-CUT set in the South line of East McKinney Street and being the Northwest corner of
the herein described tract and the Northwest corner of said Tract Two,
THENCE South 88 Degrees 08 Minutes 39 Seconds East with the South line of the said street a distance of
163.87 feet to a X-CUT set for the Northeast corner of the herein described tract and the Northeast corner
of said Tract One and being the Northwest corner of Lot 5R, Block 18 of the replat of the Original Town of
Denton, an addition to the City of Denton, Denton County, Texas as recorded in Cabinet E, Page 291 of
the Plat Records of Denton County, Texas,
THENCE South 00 Degrees 11 Minutes 45 Seconds West with the West line of said Lot 5R, Block 18 a
distance of 150.00 feet to a point for the Southeast corner of the herein described tract and the Southwest
corner of said Lot 5R, Block 18 and the Northwest corner of the remainder of a tract of land described in
the deed from Jean F. Bly to Dave & Dave, LTD as recorded under County Clerk's File Number 97-R0050767
of the Real Property Records of Denton County, Texas and being the Northeast corner of a tract of land
described in a deed from Denton Melrose, LP to Edward C. Prout and Satorn B. Prout as recorded in
Volume 5044, Page 1467 of the Real Property Records of Denton County, Texas and being the Southeast
corner of said Tract One said point bears North 78 Degrees 56 Minutes 47 Seconds East a distance of 2.49
feet from a % " iron rod found,
THENCE West with the North line of said Prout tract a distance of 160.80 feet to a X-CUT set 8.2 feet South
and 1.9 feet West of a building corner for the Southwest corner of the herein described tract and the
Southwest corner of said Tract Two,
THENCE North 00 Degrees 11 Minutes 45 Seconds East with the West line of the said Tract Two a distance
of 155.31 feet to the POINT OF BEGINNING and enclosing 0.574 acres of land more or less.
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