2001-149
FILE REFERENCE FORM
2001-149
x
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(s) Date Initials
Amended by Ordinance No. 2004-064 03/02/04 JR
Amended by Ordinance No. 2005-147 OS/24/05 JR
~ o~n~cE or THE CITY Or DEmON,*~S ~~ O~C~ NO SV-
0a~ ~O e~OW~ FO~ ~ ~ e~ / e~OJ~C~ ~ ~O~ ~ O~ ~C~S
~OC~ ~ V~ ~W~Om~$~ ~2 (V~-~) ZO~ ~SZmC~, ~.~
S~JECT PROPERTY BErG LOCATED ON THE SOUTHEAST SIDE OF ~TERSTATE
35E ~PROX~ATELY 3000 FEET NORTH~ST OF ITS ~TERSECTION ~TH POST
O~ RO~, PROVinG A SAV~GS CLAUSE, PROVID~G FOR A PENALTY ~ THE
M~I~ ~O~T OF $2,000 00 FOR VIOLATIONS THE~OF, A~ PROVID~G
FOR ~ EFFBCT~E DATE (SP-01-0001)
~B~AS, on May 5, 1987, by Ordm~ce 8?-084, ~e C~ty Co.cfi approved ~
mended Conc~t PI~ for 43 4 acres of l~d located w~thm the Plied Developmmt 12 (PD-
12) zomng ~s~ct, ~d
~B~AS, on M~ch 2, 2000, ~e City Council adopted Ordm~ce No 2000-069 w~ch
estabhshed ce~mn no~es~dentlal mt~m regulatmns (the "No.credential Interim Re~latmns"),
~d
~B~AS, ~e No~es~dentml Interim Regulatmns estabhshed, mong other ~mgs, a
project pl~ reqmrement, ~d
~AS, on J~u~ 16, 2001, The M McNatt Fmfly P~ersh~p, Ltd, submltt~ a
Detmled PI~ / ~oject PI~ for 15 02 acres of l~d locmed w~thm PD-12 w~th the ~ment to
develop ~ automobile dealemhp, ~d
~B~AS, on M~ch 14, 2001, the Plying ~d Zomng Co~smon reco~ended
approval of a Detmlod PI~ / Project PI~ for such 15 02 acres, ~d
~AS, the CRy Co~cfi finds ~at the Detmled PI~ / ProJect PI~ ~s conmstent w~
the approwd mended Concept PI~ for PD-12 ~d meets the reqmrements of~e No~emd~t~al
Interim Re~latmns, NOW, THB~FO~,
THE CO~CIL OF THE CITY OF DENTON HE.BY O~S
SECTION 1 Thru Ordm~ce No 8?-084 prowdmg for the approval of ~ mended
Conc~t pl~ for ~e Plied Development Zomng D~s~ct Cl~mficatmn ~d Use Dem~atmn
for ~e p~op~y described ~ PD-12 m mended by approwng ~e Detmled PI~ / ProJect PI~
attached hereto ~d mco¢orated hereto by reference as Exhibit B for acres located w~thm PD-
12, more ~p~mul~ly described by the legal descnptmn mtached hereto ~d mco~ormed hereto
by referemce as Exhibit A, subject to ~ following cond~tmns
1 L~tlng on ~e prop~y sh~l be demgned ~d mmntmned so ~ not to shme on or
o~emse dmt~b adjmmng prope~y or to shme ~d project upw~d to prevent
thffuslon into the mght sky A hght~ng plan shall be subuntted by the apphcant for
rewew by C~ty staff to ensure comphance w~th th~s cond~Uon
2 An lmgated landscaping stnp at least three (3) feet in w~dth shall be provided along
the top of the retmmng wall along the southwestern boundary of the property Th~s
stnp shall be planted w~th vines capable of growing up along the rear fence
3 Pubhc address speakers shall be oriented so as not to face towards the south,
southwest or west
4 The temporary sales bmldmg will be removed from the s~te w~thln 90 days of a
Certfficate of Occupancy being ~ssued for the mmn sales and servme bmld~ng
5 The ex~stmg Oak trees ~ntended to be preserved by the apphcant shall be momtored
dunng construction act~wty and dunng a five-year recovery period
6 If the health of any of the emstmg Oak trees should dechne dunng constmctmn or the
recovery penod, the apphcant shall plant replacement trees ~n the ~slands where the
Oak trees are removed ~n accordance w~th the Landscape Ordinance
SECTION 2 That the provisions of th~s ordinance as they apply to the 15 02 acres
shown m the Detatled Plan/ProJect Plan here~n approved, shall govern and control over any
conflmtlng prowslons of Ordinance No 87-084, but all the provisions of Ordinance No 87-084,
as they apply to that remaanmg port~on of the district not herem amended, shall continue in force
and effect and shall apply to the remainder of sa~d dmtnct
SECTION 3 That a copy of tins ordinance shall be attached to Ordinance No 87-084
showing the amendment hereto approved
SECTION 4 That any person violating any prowslon of this ordinance shall, upon
convmt~on, be fined a sum not exceeding $2,000 00 Each day that a prowslon ofth~s ordinance
~s wolatefl shall constitute a separate and d~st~nct offense
SECTION 5 That th~s ordmance shall become effective fourteen (14) days from the date
of ~ts passage, and the C~ty Secretary ~s hereby d~rected to cause the caption of th~s ordinance to
be published twine m the Denton Record Chromcle, offimal newspaper of the C~ty of Denton,
Texas, wxthln ten (10) days of the date of its passage
, 001
EUL1NE BROCK, MAYOR
PAGE 2
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
PAGE 3
EXHIBIT A
ALL that osrta~n lot, traot, or parcel of land situated in the (~IDEON WALKI~R SURVEY, ABSTRACT NUMBER 1350,
Denton County, Texas, and being 15 0037 sore traot described In Deed from Alan L Mcnstt to The N McNatt Family
Partnemhlp, Ltd aa recorded In County Clerk's File Number 96-R0004554 of the Real Property Recoros of Wise County
Texas, and being more partl<;ularty described se follows,
BEGINNIN(~ et · c~pped iron rod found In the South line of Interstate Highway 35 Access Road for the most
Northeasterly comer of the treat being de~rlbed herein and the most Southeasterly comer of Lot 4R, BloCK A, Ot
MCNATT ADDITION. an addition to the City of Dehton Denton County, Texas, according to the Plat thereof recorded ~n
Cabinet 0, Page 287, Plat Records of Denton County, Texas,
THENCE South 47 degrees 07 minutes 0O seconds East with the South right-of, way of sald Aec. ess Road a distance of
g36 28 feet to a 1/2" Iron rod found for the moat Southeasterly corner of the tract being deacrlped herein,
THENCE South 42 degrees 54 minutes 00 seconds West a distance of ~98 42 feet to a 1/2" capped Iron rod set for the
most Southwesterly ~orner of the tract being described herein.
THENCE North 47 degrees 0it minutes 54 seconds West a distance of 935 68 feet to e 1/2' capped Iron rod mat for the
most Northwesterly osmer of the tract being de.~rlbed herein end the most Southwesterly corner of ~ald MeNafl
Addition,
THENCE North 42 degrees 51 minutes 02 seconds East with the most Southerly line of said McNatt Addition a dlstance
of 699 21 feet to the POINT OF BEGINNING end enclosing 15 02 ac~ee of lan,~ more or le~s
Il