2005-241S:\Our Documents\Ordinanees\05\Z05-0007 Ordinance.doc
ORDINANCE NO. 200-5 --,21)1
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 87-84
TO ALLOW A DETAILED PLAN FOR A AUTOMOBILE DEALERSHIP ON 1.775 ACRES,
GENERALLY LOCATED 1,100 FEET NORTHWEST OF LAKEVIEW BOULEVARD AND
135 EAST FRONTAGE ROAD INTERSECTION AND SITUATED IN THE GIDEON
WALKER SURVEY, ABSTRACT NUMBER 346, IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND
AN EFFECTIVE DATE. (Z05-0007)
WHEREAS, on March 16, 2005, Ronald Hamm submitted a detailed plan for
approximately 1.775 acres of land located within Planned Development 12 (PD-12) zoning
district and particularly described in Exhibit "A" attached hereto and made a part hereof as
Exhibit "A" (the "Property") with the intent to construct an automobile dealership, said Detailed
Plan being on file in the offices of the City's Planning Department, a copy of which is attached
hereto and made apart hereof as Exhibit "B" (the Detailed Plan); and
WHEREAS, on July 27, 2005, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommended approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change in zoning is consistent with the
Comprehensive Plan; 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.
SECTION 2. A copy of this ordinance shall be attached to Ordinance No. 87-84 showing
the amendment here approved.
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. That 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 (T day of UP c~Z~/7(tJe~ 2005.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: /C C LG"Z s~DYL., dw~l
APPROVED AS TO LEGAL FORM:
EDWIN M. S ; CITY ATTORNEY
BY:
e&4
EULINE BROCK, MAYOR
EXHIBIT A
PROPERTY DESCRIPTION
1.775 ACRE TRACT
Gideon Walker Survey, Abstract No. 1330
City of Denton, Denton County, Texas
DESCRIPTION, of a 1.775 acre tract of land situated in the Gideon Walker Survey, Abstract No. 1330,
Denton County, Texas; said tract being part of Lot 1, Block 9, Pecan Creek Addition, an addition to the
City of Corinth, Texas according to the plat recorded in Volume 10, Page 26 of the Plat Records of
Denton County, Texas; said tract also being part of that certain tract of land described in General
Warranty Deed to Timberglen Company recorded under Denton County Clerk's File No. 95-R0079950 in
the Deed Records of Denton County, Texas; said 1.775 acre tract of land being more particularly
described as follows:
BEGINNING, at a 1/2-inch iron rod with "Pacheco Koch" cap found for comer in the southwest right-of-
way line of Interstate Highway I-35E (a variable width right-of-way); said point also being the
easternmost corner of Lot 1, Block A, Denton Lincoln-Mercury, an addition to the City of Denton, Texas
according to the plat recorded in Cabinet P, Page 149 of said Plat Records;
THENCE, South 50 degrees, 20 minutes, 00 seconds East, along the southwest line of said Interstate
Highway I-35E, a distance of 441.78 feet to a point for corner; said point being in the south line of the
said Gideon Walker Survey and in the north line of the M.E.P. & P.R.R. Survey, Abstract No. 911; said
point also being in a south City Limits Line of the City of Denton, Texas according to Section I of the
City of Denton, Texas Ordinance Number 74-44, same being a north City Limits Line of the City of
Corinth, Texas;
THENCE, NORTH 86 DEGREES, 00 MINUTES, 15 SECONDS WEST, DEPARTING THE SAID
SOUTHWEST LINE OF INTERSTATE HIGHWAY I-35E AND ALONG THE SAID SOUTH LINE
OF THE GIDEON WALKER SURVEY, THE SAID NORTH LINE OF THE M.E.P. & P.R.R.
SURVEY, ABSTRACT NO. 911, THE NORTH LINE OF THE M.E.P. & P.R.R. SURVEY,
ABSTRACT NO. 950, THE SAID SOUTH CITY LIMITS LINE OF THE CITY OF DENTON, TEXAS
AND THE SAID NORTH CITY LIMITS LINE OF THE CITY OF CORINTH, TEXAS, A DISTANCE
OF 600.21 FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER; SAID POINT BEING AN
ANGLE POINT IN THE NORTH LINE OF THE WOODS AT OAKMONT, PHASE 2, AN ADDITION
TO THE CITY OF CORINTH, TEXAS ACCORDING TO THE PLAT RECORDED IN CABINET N,
PAGE 97 OF SAID PLAT RECORDS AND THE SOUTHEAST CORNER OF SAID LOT 1, BLOCK
A;
THENCE, North 47 degrees, 07 minutes, 28 seconds East, departing the said south line of the Gideon
Walker Survey, the said north line of the M.E.P. & P.R.R. Survey, Abstract No. 950, the said south City
Limits Line of the City of Denton, Texas and the said north City Limits Line of the City of Corinth, Texas
and along the southeast line of said Lot 1, Block A, a distance of 352.98 feet to the POINT OF
BEGINNING;
CONTAINING, 77,311 square feet or 1.775 acres of land, more or less.
Exhibit B
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