2002-393ORD ANCENO. W¢,5
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A GAS STATION ON APPROXIMATELY 2 ACRES OF LAND GENERALLY
LOCATED 1,200 FEET NORTH OF INTERSTATE 35 E ON THE EAST SIDE OF FORT
WORTH DRIVE, WITHIN A DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING
FOR AN EFFECTIVE DATE. (Z02-0048)
WHEREAS, Del Lago Ventures Inc. has applied for a specific use permit for a gas station on
approximately 2 acres of land within a Downtown Commercial General (DC-G) zoning district
classification and use designation located 1,200 feet north of Interstate 35E along the east side of
Fort Worth Drive as more particularly described in Exhibit "A" attached hereto and made a part
hereof by reference (the "Property"); and
WHEREAS, on October 23, 2002, the Planning and Zoning Commission recommended
approval of the specific use permit; and
WHEREAS, the City Council finds that the specific use permit will be in compliance with
The Denton Plan Policies; and
WHEREAS, in accordance with Section 35.6.5 of the Denton Development Code, the City
Council finds that all of the following conditions exist:
That the use will be in conformance with all standards with the DC-G Zoning
District, and is in conformance with the Denton Plan and federal, state and local law.
That the gas station will be compatible with and not injurious to the use and
enjoyment of other property nor significantly diminish or impair property values
within the immediate vicinity;
That the establishment of the gas station will not impede the normal and orderly
development and improvement of surrounding property;
That adequate utilities, access roads, drainage, and other necessary supporting
facilities have been or will be provided;
That the design, location, and arrangement of all driveways and parking spaces
provides for the safe and convenient movement of vehicular and pedestrian traffic
without adversely affecting the general public or adjacent developments;
That adequate nuisance prevention measures have been or will be taken to prevent or
control offensive odor, fumes, dust, noise, and vibration;
That directional lighting will be provided so as not to disturb or adversely affect
PAGE 1
neighboring properties;
That there is sufficient landscaping and screening to ensure harmony and
compatibility with adjacent property;
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. A specific use permit is hereby granted to allow a gas station on
the Property, within a Downtown Commercial General (DC-G) zoning district classification and use
designation. The specific use permit is subject to the approved site plan a copy of which is attached
hereto and made a part hereof by reference as Exhibit "B". The specific use permit extends to the
centefline of all adjacent street rights-of-way.
SECTION 2. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 3. 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 4. 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/~¢day of ~ff~~ ,
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY .
APPROVED AS TO LEGAL FORM:
BY: - ~//~f
PAGE 2
Exhibit A
Metes and Bounds Description
1.975 Acre
Alexander Hill Survey, Abstract No. 623
City of Denton, Denton County, Texas
BEING a tract of land situated in Alexander Hill Survey, Abstract No. 623, in City
of Denton, Denton County, Texas and being all of that certain 0.611 acre tract of
land described in deed to Clint Ballard, JR, recorded in Clerk's File No. 95-
R0032768 of the Real Property Records of Denton County, Texas, all that certain
0.506 acre tract of land described in deed to Clint Ballard, JR, recorded in Clerk's
File No. 93-R0016393 of the Real Properly Records of Denton County, Texas
and all of that certain 0.862 acre tact of land described in deed to Stephen Kniatt
& wife, Nancy L. Kniatt, recorded in Volume 1231, Page 995 of the Real property
Records of Denton County, Texas and being more particularly described as
follows:
BEGINNING at a 5/8-inch "KHA" capped iron rod set in the easterly right-of-way
line of Fort Worth Avenue, a.k.a.U.S. Highway 377 (150' ROW) for the most
westerly northwest corner of Lot IR, Block 1 of Eagle Point Shopping Center
Addition, an addition to the City of Denton, Texas, according to the plat thereof
recorded in Cabinet R, Page 272 of the Plat Records of Denton County, Texas;
THENCE along the said easterly right-of-way line, North 24°12'18" East, a
distance of 137.64 feet to a 1/2-inch found for the southwest comer of the
beforementi0ned 0.611 acre tract of land and the northwest comer of the
beforementioned 0.862 acre tract;
THENCE. continuing along the said easterly right-of-way line, North 23'52'59"
East, a distance of 219.64 feet to a 1/2-inch found for the northwest corner of the
beforemention 0.506 acre tract of land and the southwest comer of Lot 1, Block 1
of Village Office Park and Mini Storage, an addition to the City of Denton, Texas,
according to the plat thereof recorded in Cabinet D, Page 14 of the Plat Records
of Denton County, Texas;
THENCE along the most westerly south line of said lot, North 89°26'23" East, a
distance of 198.42 feet to a cross mark cut in top of a existing drainage structure
for the northeast corner of the 0.506 acre tract;
THENCE along the common line of said tract and lot, South 00°22'31" East, a
distance of 200.00 feet to a 1/2-inch iron rod found in the most easterly north line
of Lot 1 R, Block 1 of Eagle Point Shopping Center Addition for the most easterly
southeast of Lot 1, Block I of Village Office Park and Mini Storage;
THENCE along the said most easterly north line, South 87'27'34" West, a
distance of 18.98 feet to a 1/2-inch iron rod found for most easterly northwest
comer of Lot 1 R, Block I of Eagle Point Shopping Center Addition;
THENCE along the most northerly west line of Lot 1 R, Block 1 of Eagle Point
Shopping Center Addition, South 00"32'26" East, a distance of 125.00 feet to a
5/8-inch "KHA" capped iron rod set for an interior corner of said lot;
THENCE along the most westedy north line of said lot, South 89°27'34'' West, a
distance of 327.40 feet to the Point of Beginning and containing 1.975 acre of
land, more or less.
Exhibit B
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