2008-281• sAour documents\ordinances\08\seO8-0OOl.doc
ORDINANCE NO. . ~OD~r- 2y I
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN EXPANSION
OF A SPECIAL EXCEPTION (SELF-SERVICE STORAGE) ONTO AN ADJOINING LOT,
COMPRISING 8.94 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF COLLINS
STREET AND THE NORTH SIDE OF DAUGHERTY STREET, APPROXIMATELY 150 FEET
EAST OF LOCUST STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE.
(SE08-0001)
WHEREAS, Spring Brook Planning Group has applied for an expansion to a special
exception for approximately 8.94 acres of land legally described in Exhibit A, attached hereto and
incorporated herein by reference (hereinafter, the "Property"); and
WHEREAS, on October 8, 2008, the Planning and Zoning Commission recommended
approval of the requested expansion subject to the following conditions:
A 10-foot vegetative buffer abutting the residential uses or lots to the east of the
subject property must be provided using existing or proposed vegetation;
2. If a storage use is constructed adjacent to a residential use or lot, the minimum
required setback shall be 30 feet, plus 1 foot for each foot of building height
above 30 feet;
A minimum 6-foot high opaque fence constructed of masonry or wood with steel
posts and a decorative cap with the good side facing the residential uses or lots to the
east of the subject property shall be installed along the eastern property line; and
WHEREAS, the City Council finds that the change is consistent with the Denton Plan and the
Development Code; 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 as true.
SECTION 2. The expansion of the special exception is hereby granted.
SECTION 3. 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 other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. Any person violating any provision of this ordinance shall, upon conviction,
be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 5. 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.
PASSED AND APPROVED this the 7 9 day of _ZWIM&U~ '2008.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: r--
APP VED A 0 LEGAL FORM:
sAour documents\ordinances\08\se08-0001.doc
EXHIBIT A
LEGAL DESCRIPTION
DEDICATION
WHEREAS Coal Lott are the owners of all that certain tract of lend situated in the
ALEXANDER HILL SURVEY, Aostrect -lumber 623, City of Denton, Denton County, Taxes.
end pe;nq etl of o :.If. a 1.00 tract cr land eascriaetl in a deed •o James R. Lot:
a , Cpcl E. Lot: erecorded in County Clef','. Fad Numbed ,9-093863, Real Property
Records of Donlon County, Tres, a .aired 1.48 oar. First Tract ..tied 2,931 ocrc
5econds Trott descrioe. in a coed to James R. Lott as recorded in Volume 629. page
529, Dead Records of Donlon County, Ted a called 3.017 acre tract of led described
a .eed to James R. Lott c rec. Idea os Volume 629, Page 527, Deed Records of
Denton County. To xos, a tract of Icnd described in a deed to Opal Esteitt Lott e
rc- -dad i l County Clark's Flo Number 01-072.057, R.al Praporty Recces of Denton
County. Taros, a catl
l eo 0.250 earn Fvst. Tract and 0.253 are Second Tract Ascribed in
deetd to J. R. I_olt os --d- ---d- it Vatum. 1183, Patja 913, Doe. Recorded of
Denton County. Tares. and being a tract of land described in o deed to John R. Lott as
recorded in Volume 751. Page 882. Dead Records of Denton County, T..... ona being
more particularly described as follows:
13EGINNWC at a 1/2" iron rod found for the 'North'west corner of said 0.253 ear. tract,
axphnlt rcxld under oppasanl public. 's" posted ox East Collins: Street, one in tiro
East right-of-woy of r&P Railroad:
T-ENCE South 88 Degrees 20 Minutes 39 Seconds East w n said road, Lhe North line .f
said 0.253 ecre tract end acid 0.250 a e tract. 88.11 feet !a a ok nail found for the
North east carne, thereof, and of the Northwest corner of a :reel of lard. ~eacribed in o
...a to Dorothy Away as recordec in Volume 859, Page 106, Coed Records o: Denton
County. Texas:
T-ENCE Seu:n CD Cegrecs 55 Minutes 12 Seconds West with the tees: fine :hereof and
•=e Ecst lino of said 0.250 sue tract, 173..58 feet to a capped 1/2" :con rod found
Cor the Southeast tamer 'hereof, at the Southwest corner of said Mvcy tract_ and in
the North line of said 2.931 acre tract:
.I- CE South E8 Degrees 25 Minutes 21 Seconds East with the Norte line tnereoc and
t tea south. line Of cold Atvay tract. 44.97 at to a lares ...^rcr past roars. far lho
Norheosx corner of sold 2.9:31 acre tree, and ;n the Want
line of a tract o1 land
con ibee in a deed co Millard F. Thorp at. ux as recorded ;n Volume 651, Page 148,
Doc. Records of Don to. County, Texas;
THENCE. S..-h2 Cegrecs 5< Minutes 41 Seconds West with tno East line of acid 2._931
ecre tract. 49;3.96 :eat to b 1/2" iron rod fours !or the Southeast corner thereot. and
in the Nortn line o: sold 3.017 ocrc tract:
THENCE North 88 Degrees 31 Minuted 29 Socencs Coat with :he North line thereof.
118.60 Oct /to a fence corner post found for the North.esl corner lnereol, and at the
fnortllwesf cr of o tract of Innc de.-ibccf in . deed to G. Roland Veto roc
oroec in County Clerk's Tale Number 00-075694, Reel Property Records of Denton
County. Texas:
'THENCE Scu:n 00 Ccgreen 58 Minutes LJ Seconds Feet w;-..n the Ens: line of sale 3.017
ecre tract and along or ne.r O fanCe, 268.$5 feet to a fence corner post round for the
S%eilecs: corner at sale, 5,017 acre treat, cnc in :he North line of raid Volurr- 751,
Pege 082;
THENCE Scutn 88 Degrees 56 Minut..s 36 Seconds Ec_st. w.,n the North line lncraof and
Xng or near a tcac e. 29.02 feet to 0 4" wood fence corner post found of
r:.111, earner .1 re;c Volume 75;, Page 882, and at the Northwest. comer •of c tract.
or lane described in a deed To Al- Roy Chamberlain and Undo Aeeld Duffy (.no mborlain
cos roc crded in County Cler','.s Fife Number 05-15559, Real Property Recores of Denton
County, Texan:
T-ENCE South 00 Degrees 01 .V.inute _2; Seconds West with the East line .1 said volume
751, Paa. 882_. 208.56 fee: to the
hcasi corner tnoroaf, and at the Sou:nwas:
of I.na e.c.ribod in a c .d to E1ob.y Lee or u: .rded in
Volume •475, ,Page 1 47, Dead Records of Dante. County, T-.. and in -h. North
r'irJ/r1-of-woy tin. of Dau9 hefty ';Ire.:;
THENCE South 89 Degreca 59 Minutes 35 Saeon ds West will! aid riynt-n!-way lire.,
-57.61 feat to tnc Southwest corner of said .00 care tract, and in the said
girt-of-way lino of Td:? Roilr.c.:
THENCE Narlh 21 Degrees 01 Minute 50 Seconds Ecst with the said right-of-way no
tea Wus1 tine of said 1.00 acre trot:, 223.76 fee' to a i" pipe found far Inc Northwest
corner' liler'eof. at the Southwe_t corner .1 -;d 3.017 ocrc treat. and at the beginning
of a curve to the right having o radius of :5955.07 feel. chord boo: ;ng cnc diStdnca of
North 23 Deg -a. 29 M;nutc_s 26 Seconds, 820.97 feet, and a delta engte of 02
Oegrees 56 Minutes 55 Seconcs:
'iHEN..E_ clung said curve one said right-o:-way, 821.1 1 feet to a 5/8" iron cad t.und
for the N.rth-.,.t corner W said 2.931 are tract, .nd L- Soulhw eat corner of said
0.253 ecr. tract;
THENCE Nnrlh 24 DOgrecs 29 Minutes 33 S,concfs East wills the West line of sold 0.253
.....,e tract. 188.58 feat to the POINT CF BEGIa74ING and ...'Wining 9.403 acres of land.
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sAour documents\ordinances\08\se08-000 l.doc
EXHIBIT B
LOCATION MAP
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