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S21-0008aORDINANCE NO. S21-OO08a AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING A REQUEST FOR ASPECIFIC USE PERMIT (sup) TO ALLOW FOR AN EQUIPMENT SALES AND RENTALUSE ON APPROXIMTELY 5.892 ACRES OF LAND, GENERALLY LOCATED NORTH OFUS 380 (UNIVERSITY DRIVE) AND APPROXIMATELY 250 FEET EAST OF SPRINGVALLEY DRIVE, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDINGFOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONSTHEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (S2 1-0008a) WHEREAS, Kaitlin McCoy with Kimley-Horn and Associates, representing the property owner Matt Merrill with U-Haul, has applied for a new Specific Use Permit (“SUP”) to allow for an Equipment Sales and Rental use on approximately 5.892-acre site, within the Light Industrial (Ll) zoning district and use classification, as described in Exhibit “A” (hereinafter, “theProperty”); and WHEREAS, on September 14, 2022, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, having given the requisite notices by publication and otherwise, and having afforded full and fair hearings and to all property owners interested in this regard, has recommended approval [6-0] of the requested SUP, subject to conditions; and WHEREAS, on October 18, 2022, the City Council likewise conducted a public hearing as required by law to consider the SUP request. Upon consideration, the City Council hereby finds that the request is consistent with the Denton Plan and federal, state, and local law, and that the Applicant has agreed to comply with all provisions of the Denton Development Code (“DDC”), and has further agreed to comply with the additional restrictions and conditions set forth herein;and WHEREAS, the City Council has determined that it will be beneficial to Denton and its citizens to grant the SUP; that such grant will not be detrimental to the public welfare, safety, or health; that proposed permit, as conditioned below, satisfies criteria set forth in Sections 2.4.5E and 2.5.2D of the Denton Development Code; and that the SUP should be granted; NOWTHEREFORE, 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. The SUP to allow the Equipment Sales and Rental use on the Property as shown on the site plan and landscape plan attached and incorporated herein as Exhibit “B” and Exhibit “C,” is hereby approved, with the following conditions: 1. Development of the site shall substantially comply with the attached Site Plan and Landscape Plan. Administrative approval of changes that do not modify the size of the designated equipment rental display area, change the number of parking spaces, decrease the buffer and screening requirements, or result in a change of more than 5 percent in the landscape area for the whole site may be administratively approved, if such changes are permissible per the Denton Development Code. All other changes shall require a Specific Use Permit amendment in accordance with the Denton Development Code. 2. Outdoor storage and display of storage containers (i.e. U-Box Containers or similar) is prohibited. Storage and display of storage containers shall be maintained entirely within an enclosed structure. This does not include the one storage container located by the front entrance of Building A for display purposes. 3. In situations when storage containers (i.e. U-Box Containers or similar) are temporarily stored outside for customers to load and unload items, the storage containers shall be temporarily stored in an area that is designated on the attached SitePlan SECTION 4. 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 anyterm 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 5. 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 permitted by the Denton Development Code. SECTION 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 theDenton’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. SECTION 9. 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 10. 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 2 date of its passage. The motion to approve Ihis ordinance was made by Jo and secondedb lesse e)MtS , the ordinance) roved by the following vote n - U : Ayet/ \/ \/ 1/’ pr r V‘ Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1 : Brian Beck. District 2: Jesse Davis. District 3 : Alison Maguire, District 4: Brandon Chase McGee,At Large Place 5 : Chris Watts. At Large Place 6: PASSED AND APPROVED thi,, th,@"d,y ,f (M-- , 2022. Z EmiafaRGERARD b\\11111111 ATTEST: DePUTy <s€wm6d CITY SECRETARY APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEYIh@\ d/ \Ath 1: : ; ;(Ji?: : = = 3 9 :4 9BY: J v -05'OO‘ Exhibit A Legal Description BEING a tract of land, situated in the William Lloyd Survey, Abstract No. 774, in the City of Denton, Denton County, Texas, and being all of Tracts 1 and 2, described by deed to Amerco Real Estate Company, as recorded under Instrument No. 2019-89505, of the Official Records, Collin County, Texas (O.R.C.C. T.), said tract being more particularly described as follows: BEGINNING at a 1/2" iron rod with an orange plastic found for the southeasterly corner of said Tract 2, said corner also being the southwesterly corner of a tract of land, described by deed to Michael Nack and wife, Regina Nack, as recorded under Instrument No. 2010-23870, of the Official Records, Denton County, Texas (O.R.D.C. T.), said corner also being in the northerly monumented line of East University Drive (U.S. Highway No. 380); THENCE in a southwesterly direction, along the southerly line of said Tract 2 and Tract 1, same being the northerly monumented line of East University Drive, the following courses and distances: South 79'’27’48" West, a distance of 50.45’ to a 1/2" iron rod with an orange plastic cap found; South 86'’28’51" West, a distance of 101.21’ to a concrete monument found (as referenced in subject deed, Vol. 1188, Pg. 384); South 80'’16’52'’ West, a distance of 43.13' to a 5/8" iron rod with a pink plastic cap found forcorner ; South 87'’02'59" West, a distance of 74.16' to a 5/8" iron rod with a pink plastic cap found for corner at the beginning of a curve to the right, having a radius of 6,454.00', a central angle of00'’52’24", and a chord which bears, South 81'’38' 12" West, a chord distance of 98.36'; Thence along said curve to the right, in a southwesterly direction, an arc length of 98.36’ to a 5/8" iron rod with a pink plastic cap found for the southwesterly corner of the herein described property, same being in the westerly line of said Tract 1, same being in the easterly line of Lot 1, Block A, of TEXAS FARM BUREAU ADDITION, an addition to the City of Denton, asrecorded under Instrument No. 2014-85, O.R.D.C.T.; THENCE North 00'’50'46'’ East, along the common line between said Lot 1 and Tract 1, a distance of 716.27' to a point for corner, being the northeasterly corner of said Lot 1, same being the northwesterly corner of said Tract 1, said corner also being in the southerly line of that tract of land, described by deed to Classic Corrugated, Inc., as recorded under County Clerk's File No. 96-048260, D.R.D.C.T., from which a 1/2" iron pipe found bears, South 25'’49'00" West, a distance of 0.50’; THENCE North 89'’58’53" East, along the southerly line of said Classic Corrugated, Inc tract, same being the northerly line of said Tract 1 and Tract 2, a distance of 374.17’ to a 1/2" iron rod 4 found for the northeasterly corner of said Tract 2, same being the northwesterly corner of theaforementioned Nack tract; THENCE South 01'’43'00" West, along the common line between said Tract 2 and Nack tract, a distance of 675.77’ to the POINT OF BEGINNING and containing 256,637 square feet or 5.892acres of land, more or less. 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