2004-064
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2004-064
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Amended by Ordinance No. 2005-147 OS/24/05 JR
, S:\Our Dccuments\Ordinances\04Lg034)039.dec
ORDINANCE NO. c~q 004- O~ ¢
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NOS. 87-
084 AND 2001-149 TO PROVIDE FOR AN AMENDMENT OF THE DETAILED PLAN /
PROJECT PLAN FOR 15.02 ACRES LOCATED APPROXIMATELY 1,500 FEET EAST OF
STATE SCHOOL ROAD, ON THE SOUTH SIDE OF INTERSTATE 35 IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
(Z03-0039)
WHEREAS, on May 5, 1987, by Ordinance 87-084, the City Council approved an amended
Concept Plan for 43.4 acres of land located within the Planned Development 12 (PD-12) zoning
district; and
WHEREAS, on April 3,2001, by Ordinance 2001 - 149, the City Council approved a Detailed
Plan / Project Plan for 15.02 acres of land located within the Planned Development 12 (PD-12)
zoning district; and
WHEREAS, on December 31,2003, Stephenson Architects, submitted an amendment of the
Detailed Plan / Project Plan for 15.02 acres of land located within PD~12 and more particularly
described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") with
the intent to extend an automobile dealership, said amended Detailed Plan / Project Plan being on
file in the offices of the City's Planning Department, a copy of which is attached hereto and made a
part hereof as Exhibit "B" (the "Amended Detailed/Project Plan"); and
WHEREAS, on January 28, 2004, the Planning and Zoning Commission recommended
approval of the Amended Detailed/Project Plan; and
WHEREAS, the City Council finds that the Amended Detailed/Project Plan is consistent with
the approved Concept Plan for PD-12; 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. Ordinance Nos. 87-084 and 2001-149 providing for the approval of an amended
Concept Plan for the Planned Development Zoning District Classification and Use Designation for
the property described as PD-12., and Detailed Plan, respectively, are amended by approving the
Amended Detailed/Project Plan, subject to the following conditions:
1. Lighting on the Property shall be designed and maintained so as not to shine or otherwise
disturb adjoining property or to shine and project upward to prevent the diffusion into the
night sky.
2. Public address speakers shall be oriented so as not to face towards the south, southwest,
or west.
3. Future development in the detention pond area will require an additional detailed plan
approval.
SECTION 3. The provisions of this ordinance as they apply to the Property, shall govem
and control over any conflicting provisions of Ordinance Nos. 87-084 and 2001-149, but all the
provisions of Ordinance Nos. 87-084 and 2001-149, as they apply to that remaining portion of the
district not herein amended, shall continue in force and effect and shall apply to the remainder of said
district.
SECTION 4. A copy of this ordinance shall be attached to Ordinance 2001-149 showing the
amendment herein approved.
SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be
fined a susn not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 6. 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 ~A~day of ~/~t2,C~..~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
BY:HERBERT ~P U~ L. ATTORNEY
PAGE 2
Exhibit A
ALL that certain lot. tract, or parcel of land situ~at~ in the GIDEON WA~,~BSTla,,AG"~ NUNBER 1330,
Denton County, To:cas, and being.15.0037 acre b'act des~bed In Deed from Alan L. Monatt to The Al McNatt Family
Partnership. Ltd. as recorded in Couniy Clerk's Fiie Number 96-R0004554 of th~ Real Pmpe~/Rocor{is of W3so County.
-~xae, and being more particularly dee~bafl aa follows:
8Ei~INNIN(3 at a capped Iron rod found In the $oulh line of Intemtate Highway ~5 Access Road for the most
Northeasterly comer of l~e tract being described herein and tl~e most $out~easterl.v comer of Let 4R, Block A, of
MCNATTADDITION an addition to the City of Denton, Denton County, Texas, accel'el ng to the Plat thereof recorded n
Cab!r!et 0, Page 287,.Plat Record., of Denton. County, Texas; .
THENCE South 47 dagraer, 07 mL~utes 0{3 seconds least with ~ South rlght,~f, avay al'said Aocos;= Ra-,=d a d;~',~nca of,
936.28 feat to e 1/2" Iron rod found for the most $outheaeterty corner of the tract beblg deacJ'lbed herein;
THENCE South 42 degrees ~r'14 minutes 00 seconds West a distance of 698.42 feet to a 1/2" capped Iron red ~e! for the
most. Southwesterly comer of the traot bein~ described herein;
THENCE North'47 degrees 09 mlnufe8 :S4 seconds We~! a die, nos of'935.68 feet to a 1/2' capped lren rod set for the
mint Northwesterly comer of the tract being de.a=rlbed herein end the most Southwesterly corner of ~Icl MeNatt
Addition;
THENCE North 42 degrees 51 minutes 02 seconds East with t~e moat Southerly line of said Mo.,Naif Addition a distance
of 899.21 feet to the POINT OF BEGINNING and enclosing i 5.02 acres of land more or ieee.
iii
I!11
Exhibit B
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