S20-0005bS:\Legal\Our Documents\Ordinances\20\S20-0005 - S Elm Street Tire Shop SUP Ordinance.Docx
ORDINANCE NO S20-OO05b
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT TO ALLOW FOR A MINOR AUTOMOTrvE REPAR USE ON APPROXMATELY
0.201 ACRES OF LAND, GENERALLY LOCATED ON THE WEST smE OF SOUTH ELM
STREET, 70 FEET NORTH OF THE NORTHWEST CORNER OF SOUTH ELM STREET AND
WEST HIGHLAND STREET IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
PROVDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTrvE DATE. (S20-0005, S ELM TIRE SHOP)
WHEREAS, Adam Claycomb, of Allison Engineering Group, on behalf of the property
owner, Robin Wilson, has applied for a Specific Use Permit (SUP) to allow for a Minor
Automotive Repair use on approximately 0.201 acres, within the Mixed-Use Neighborhood (MN)
zoning district and use classification, as described and shown in Exhibit “A“ (hereinafter, “the
Property”); and
WHEREAS, on October 7, 2020, the Planning and Zoning Commission, in compliance
with the laws of the State of Texas, gave the requisite notices by publication and otherwise, and
afforded full and fair hearings to all property owners interested in this regard, recommended
approval [7-0] of the requested SUP subject to the site plan attached as Exhibit “B”; and
WHEREAS, on November 10, 2020, the City Council finds that the request meets and
complies with all substantive and procedural standards set forth in Section 2.5.2 of the Denton
Development Code, and is consistent with the Denton Plan and the Denton Development Code.
Applicant has agreed to comply with the additional restrictions and conditions set forth herein;
and9
WHEREAS, the City Council of the City of Denton has determined that it will be beneficial
to Denton and its citizens to grant the SUP; and such grant will not be detrimental to the health,
safety, morals, and general welfare of the City of Denton, and that the SUP should be granted as
set forth herein; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDARqS:
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 SUP to allow the minor automotive repair use on the Property as shown
on the Site Plan attached and incorporated herein as Exhibit “B,” is hereby approved, subject to
the following conditions:
A The dumpster currently on the property shall be removed and property owner shall provide,
at property owner’s expense, a dumpster on casters of the same capacity as the current
dumpster onsite. Property owner shall be responsible to maintain this dumpster in good
working condition. This dumpster shall be stored at all times out of public view behind the
fence shown on Exhibit B, except on the one day per week when the dumpster may be
rolled out for emptying by City of Denton Solid Waste. This day shall be determined by
agreement between the property owner and the City of Denton Solid Waste Department.
When not behind the fence, the dumpster shall be placed in the area labeled “dumpster
location” on Exhibit B. A 50’ unobstructed area shall be maintained in front of the
“dumpster location” to provide a path for the solid waste truck.
All work on vehicles will be conducted inside vehicle bays, and shall not be performed
outside
There shall be no storage of wrecked or inoperable cars on the site.
B.
C.
SECTION 3. Failure to Comply. Except as otherwise stated above, all terms of the SUP
shall be complied with prior to issuance of a 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.
SECTION 4. SUP Regulations. Upon notice to the property owner and a hearing before
the City Council, a SUP may be revoked or modified if: 1. There is one or more of the conditions
imposed by this Ordinance that 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 and/or
the DDC
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
DDC, Code of Ordinances, and this Ordinance.
SECTION 6. 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 not affect the validity
of the provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 7. Penalty. 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.
SECTION 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.
Page 2 of 3
The motion to approve this Ordinance was made
eet'theseconded by a
Bthe following vote []_ - DJ :
by TesSa t>eLViS
Ordinance was passed and approved by
@ NIa,Abstain Absent
Chris Watts, Mayor:
Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2:
Jesse Davis, District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
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PASSED AND APPROVED this the ICI% day of NoVexh kbe(. 2020
N
ATTEST:
ROSA RIOS, CITY SECRETARY
By: Mayor Pro Tem Hudspeth
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
EXHIBIT A
LEGAL DESCRIPTION
OT DENTON BLK 33, LOT 2 (N72' OF Sl17' OF E122’)
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