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SD23-0002aORDINANCE NO. SD23-0002a AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING A SPECIAL SIGN DISTRICT ZONING OVERLAY ON AN APPROXIMATELY 54 ACRE PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF STATE SCHOOL ROAD AND INTERSTATE 35E IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY’S OFFICAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500.OO FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (SD23- 0002a) WHEREAS, J & S Wood Autopark, LLC, property owner, has applied for a Special Sign District on approximately 54 acres of land legally described as Lot IR, Block A of the James Woods Addition (hereinafter, the “Property”); and WHEREAS, on February 14, 2024, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, have given the requisite notices by publication and otherwise, and have held due hearings and afforded full and fair hearings to all property owners interested in this regard, and have recommended approval (5-0) of the Special District; and WHEREAS, on March 5, 2024, the City Council likewise conducted a public hearing as required by law, and finds that the request with conditions meets and complies with all substantive and procedural standards set forth in Section 33.18 of the Denton Code of Ordinances, and is consistent with Denton 2040 Comprehensive Plan and Denton Code of Ordinances; WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for Special Sign District on the property, have determined that the proposed use is in the best interest of the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that said Special Sign District is in the public interest and should be granted as set forth herein; 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. The underlying Highway Corridor (HC) zoning district and use classification of the Property is hereby granted a Special Sign District overlay. SECTION 3. The City’s official zoning map is hereby amended to show the overlay to the underlying Highway Corridor (HC) zoning district and use classification as “HC-SD”. The Sign Regulations for the Property are described in Exhibit “A“ attached hereto and incorporated herein by reference. Installation of any signs on the Property shall be in accordance with the Sign Regulations in Exhibit “A”. SECTION 4. 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 5. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $500.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. 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. ='""'=:*a'FL'~'S:;'":"’"''"”":t:\dft,T,:’t>:Iti ,„, ,,,=;' ETC following vote U - U Aye Nay Abstain Absent Mayor Gerard Hudspeth:/ L -L -L -L / Vicki Byrd, District 1 : Brian Beck, District 2: Paul Meltzer, District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED this the S+- d,y,f FIA,,L , 2024. ,a#fC, ATTEST: JESUS SALAZAR, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Exhibit A James Wood Autopark Special Sign District Section I. IN GENERAL Sec 1.1 Titles, Purpose, and Intent. (a) The purpose and intent of the creation of the James Wood Autopark Special Sign District (JWASSD) is to grant and regulate a signage plan that will allow property within the JWASSD to deviate from the sign regulations of Chapter 33 of the Denton Code of Ordinances (Denton Sign Code), as amended, in compliance with an alternative comprehensive plan for signage that is standardized in design, and which is equal to or superior to what could be accomplished under the standard regulations of the Denton Sign Code, as amended, in the promotion of a safe and legible environment for employees and visitors. The JWASSD provides a package of ground signs that is necessary to direct vehicular traffic which is designed to be cohesive with the auto dealership architecture and minimize impacts to surrounding property. (b) Except as otherwise provided for herein, all signs in the JWASSD must comply with the Denton Sign Code, as amended. In the event of a conflict between the JWASSD and the Denton Sign Code, as amended, that are not mandated by state or federal law, the requirements set forth in the JWASSD apply. (c) All signage defined herein may be deemed to be dual faced. Article II. SIGN REGULATIONS Section 2.1 Types of Signs Allowed. All sign types permitted under Chapter 33 (Denton Sign Code) are allowed within the JWASSD once a permit is obtained in compliance with Section 33.9 of the Denton Sign Code, as amended, and the standards as specified herein are met. Signs located in the JWASSD may only be used to promote James Wood Autopark and associated activities and to direct visitors to a variety of locations within the site. Section 2.2 Definitions All words, terms, and phrases used in Chapter 33 (Denton Sign Code) shall have the meaning ascribed to them in Section 33.2 of the Denton Sign Code, as amended. Section 2.3 Prohibited Signs. Signs prohibited within the district shall be consistent with Section 33.4 of the Denton Sign Code, as amended. Section 2.4 Number of Signs Allowed. (a) The Number of ground signs allowed is limited to the following: 1. Pre-Owned Sign (existing) 2. Chevrolet Sign (Ground Sign 1) 3. Cadillac Sign (Ground Sign 2) 4. Buick/GMC Sign (Ground Sign 3) 5. Service Sign (Traffic Control 1) 6. Body Shop Sign (existing) (b) The number of wall, attached, temporary, and wind device signs is not limited by JWASSD, but each wall, attached, temporary, and wind device signs within the district must conform to the minimum regulations in Chapter 33 (Denton Sign Code), as amended. Section 2.5 Maximum Effective Area Allowed. (a) The maximum effective area of ground signs within JWASSD, including the supporting structure, shall be as follows: 1. Ground Sign 1 2. Ground Sign 2 3. Ground Sign 3 4. Pre-Owned Sign 5. Body Shop Sign 6. Traffic Control 1 226.3 square feet 226.3 square feet 226.3 square feet 126.56 square feet (existing) 75 square feet (existing) 15.6 square feet (b) The maximum effective area of wall, attached, temporary, and wind device signs within the district must conform to the minimum regulations in Chapter 33 (Denton Sign Code), as amended. Section 2.6 Maximum Height Allowed. (a) The maximum height of ground signs within JWASSD shall be as follows: 1. Ground Sign 1 47 feet 2. Ground Sign 2 47 feet 3. Ground Sign 3 47 feet 4. Pre-Owned Sign 36 feet (existing) 5. Body Shop Sign 25 feet (existing) 6. Traffic Control 1 8 feet (b) The maximum height of attached, temporary, and wind device signs within the district must conform to the minimum regulations in Chapter 33 (Denton Sign Code), as amended. Section 2.7 Location and Minimum Setbacks of Signs. (a) The location, number, and minimum setbacks of ground signs shall be regulated as follows: 1. 2. 3. 4. 5. 6. Ground Sign 1. There shall be a maximum total of one Ground Sign 1 sign within JWASSD. Ground Sign 1 shall be located along the 135E frontage road as shown on Exhibit I, with a minimum setback of 10 ft. from the property line along 135E. Ground Sign 2. There shall be a maximum total of one Ground Sign 2 sign within JWASSD. Ground Sign 2 shall be located along the 135E frontage road as shown on Exhibit I, with a minimum setback of 8.7 ft. from the property line along 135E. Ground Sign 3. There shall be a maximum total of one Ground Sign 3 sign within JWASSD. Ground Sign 3 shall be located along the 135E frontage road as shown on Exhibit I, with a minimum setback of 10 ft. from the property line along 135E. Existing Pre-Owned Sign. The existing sign is to remain at the current location shown on Exhibit I. Existing Body Shop Sign. The existing sign is to remain at the current location shown on Exhibit I. Traffic Control Sign 1 shall be a maximum total of one Traffic Control Sign 1 sign within JWASSD. Traffic Control Sign 1 shall be located as shown on Exhibit I, with a minimum setback of 10 feet from the property line along 135E. (b) The location and minimum setbacks of wall, attached, temporary, and wind device signs within the district must conform to the minimum regulations in Chapter 33 (Denton Sign Code), as amended. Section 2.8 Sign Construction. (a) The construction of ground signs shall be regulated as follows: 1. Ground Sign 1. Must generally comply with the Sign District elevation in Exhibit II, which is attached hereto and incorporated by reference herein. The appearance of the signs must comply with the Sign District elevations. Routine maintenance, repair, and refacing is permitted. Replacement shall be consistent with the requirements for monument signs in Chapter 33 of the Denton Code of Ordinances (Denton Sign Code), as amended 2. Ground Sign 2. Must generally comply with the Sign District elevation in Exhibit II, which is attached hereto and incorporated by reference herein. The appearance of the signs must comply with the Sign District elevations. Routine maintenance, repair, and refacing is permitted. Replacement shall be consistent with the requirements for monument signs in Chapter 33 of the Denton Code of Ordinances (Denton Sign Code), as amended 3. Ground Sign 3. Must generally comply with the Sign District elevation in Exhibit II, which is attached hereto and incorporated by reference herein. The appearance of the signs must comply with the Sign District elevations. Routine maintenance, repair, and refacing is permitted. Replacement shall be consistent with the requirements for monument signs in Chapter 33 of the Denton Code of Ordinances (Denton Sign Code), as amended. Traffic Control Sign 1. Must generally comply with the Sign District elevation in Exhibit II, which is attached hereto and incorporated by reference herein. The appearance of the signs must comply with the Sign District elevations. Routine maintenance, repair, and refacing is permitted. Replacement shall be consistent with 4 the requirements for monument signs in Chapter 33 of the Denton Code of Ordinances (Denton Sign Code), as amended. (b) The construction of wall, attached, temporary, and wind device signs within the district must conform to the minimum regulations in Chapter 33 (Denton Sign Code), as amended. Section 2.9 Illumination. (a) if the following signs are illuminated, then the signs shall be illuminated in the following rnarlrler : 1. Ground Sign 1. Internally illuminated. 2. Ground Sign 2. Internally illuminated. 3. Ground Sign 3. Internally illuminated. 4. Traffic Control Sign 1: Internally illuminated. 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