2001-1905 ~Dm Dxum<WM~MIgmwMI~ZP01-0Wl doc
NOTE Amended by Ordinance No. 2001-214
ORDINANCE NO 001- PW
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A ZONING
PLAN FOR 0 6 ACRES LOCATED WITHIN A SINGLE FAMILY (SF-7) ZONING
DISTRICT, TO CHANGE TO A PLANNED DEVELOPMENT (PD) DISTRICT TO ALLOW
FOR GENERAL RETAIL USES, THE SUBJECT PROPERTY BEING LOCATED ON THE
WEST SIDE OF SHERMAN DRIVE, APPROXIMATELY '/a MILE NORTH OF BELL
AVENUE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING
FOR AN EFFECTIVE DATE (ZP-01-0002)
WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-069 which
established certain nonresidential interim regulations (the "Nonresidential Interim Regulations"),
WHEREAS, the Nonresidential Interim Regulations established, among other things, a
Zoning Plan requirement in the event of a request to rezone property, and
WHEREAS, on February 26, 2001, Joel F Plangman, on behalf of Millemum Gasoline
Company, applied for a change in zoning for 0 6 acres of land located, from Single Family (SF-
7) zoning district classification and land use designation to Planned Development (PD) zoning
district classification and land use designation with the intent to redevelop an existing
automobile service station into a convenience store with gasoline sales and has submitted for
approval a Zoning Plan for this property under the Nonresidential Interim Regulations, a copy of
which is attached hereto as Exhibit "B" (the Zoning Plan"), and
WHEREAS, on April 11, 2001, the Planning and Zoning Commission recommended
approval of the requested change in zoning and the submitted Zoning Plan, and
WHEREAS, the City Council finds that the Zoning Plan, with the conditions imposed
herein, meets the requirements of the Nonresidential Interim Regulations and is consistent with
the approved 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I The zoning district classification and land use designation of the 0 6 acre
property described in the legal description attached hereto and incorporated herein as Exhibit
"A" (the "Property") is changed from Single Family (SF-7) zoning district classification and land
use designation to Planned Development (PD) zoning district classification and land use
designation under the comprehensive zoning ordinance of the City of Denton, Texas to allow
general retail uses The Zoning Plan and said change in zoning are hereby adopted, subject to the
following conditions
1 Any new lighting on the property should be designed and maintained so as not to shine
on or otherwise disturb the surrounding adjacent properties or to shine and project
upward, to prevent the diffusion into the night sky Additionally, all lighting shall be
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recessed to prohibit outward shining which will be further detailed on the detailed/project
plan
2 All signs shall at a minimum meet the City of Denton Sign Ordinance, but shall include
the following additional requirements
All free-standing signs shall be monument signs
b There shall be no neon signs
c No signs advertising beer or wine shall be viewable from the exterior of the
building
d No signs shall be placed on the exterior of the building except within the
windows
e All signage shall be further detailed and delineated on the detailed/project plan
3 Hours of operation shall be limited to 6 00 a in to 10 00 p m
4 There shall be no outdoor loud speakers
5 Uses on the Property are limited to a convenience store with gasoline sales
6 The detailed/project plan shall incorporate the photos showing the exterior elevations of
the building that were presented to the City Council at the public hearing on May 2, 2001
SECTION 2 The City's official zoning map is amended to show the change in zoning
district classification
SECTION 3 If any provisions 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 That 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, official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage
PASSED AND APPROVED this the day of 2001
EULINE BROCK, MAYOR
PAGE 2
S{Om WcummYMNn1®~cadA1~ZPA1A003 tlw
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
AP OVED S TO LEGAL FORM
TTORNEY
HERBERT L PROUTY7-
e
BY
PAGE3
Exhibit A
Legal Description
FIELD NOTES to all that certain tract of land situated in the Joseph Carter Survey,
Abstract Number 268, City of Denton, Denton County, Texas and being all of Tract 3
described in a special Warranty Deed to the Rummell Family Trust, recorded under
Clerk's File Number 95-R0021765 of the Real Property Records of Denton County,
Texas, same being a part of a called 11 95 acre tract of land described as the First Tract in
the Deed to J W Nichols and J L Ginnings recorded in Volume 434, Page 289, the
subject tract being more particularly described as follows
BEGINNING at the Northeast corner of the tract being descnbed herein at an "X" found
in concrete in the West line of a road under apparent public use, posted as Sherman
Drive,
THENCE South 27 Degrees 30 Minutes 00 Seconds West with the West line of said road
a distance of 200 00 feet to an "X" cut in concrete for the Southeast comer of the tract
being described herein, same being the Northeast corner of a called Second Tract of land
described in the Deed to Blanch Ginnings, Trustee, recorded in Volume 1044, Page 295
of the Deed Records of Denton County, Texas,
THENCE North 62 Degrees 30 Minutes 00 Seconds West with the North line of said
Second Tract a distance of 150 00 feet to a %2" capped iron rod set for the Southwest
corner of the tract being described herein, same being in the West line of a tract of land
called Tract 47, 2 966 acres of the J Carter Subdivision, being the same tract described as
the Fifth Tract described in the Deed to Joe W Nichols, recorded in Volume 1044, Page
298 of the Deed Records of Denton County, Texas,
THENCE North 27 Degrees 30 Minutes 00 Seconds East with the West line of said Fifth
Tract a distance of 117 20 feet to a %2" capped iron rod set for the Northwest comer, same
being in the South line of said Addition,
THENCE North 88 Degrees 36 Minutes 00 Seconds East with the South line said
Addition a distance of 171 34 feet to the PLACE OF BEGINING and enclosing 0 55
acres of land more or less
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ORDINANCENO Z01-,-VV
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO
2001-190 TO PROVIDE FOR A PROJECT/DETAILED PLAN FOR 0 6 ACRES LOCATED
WITHIN A PLANNED DEVELOPMENT (PD-197) ZONING DISTRICT, THE SUBJECT
PROPERTY BEING LOCATED ON THE WEST SIDE OF SHERMAN DRIVE,
APPROXIMATELY'/4 MILE NORTH OF BELL AVENUE, PROVIDING A SEVERABILITY
CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00
FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (SP-01-
0004)
WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-069 which
established certain nonresidential interim regulations (the "Nonresidential Interim Regulations"),
WHEREAS, the Nonresidential Interim Regulations established, among other things, a
Project Plan requirement, and
WHEREAS, on May 1, 2001, by Ordinance 2001-190, the City Council approved a
change in zoning and Zoning Plan for 0 6 acres of land, to Planned Development (PD-197)
zoning district classification and land use designation, and
WHEREAS, on February 26, 2001, Joel Plangman submitted a Project/Detailed Plan for
0 6 acres of land located within PD-197 with the intent to develop a convenience store with
gasoline sales, and
WHEREAS, on May 9, 2001, the Planning and Zoning Commission recommended
approval of a Project/Detailed Plan for such 0 6 acres, and
WHEREAS, the City Council finds that the Project/Detailed Plan is consistent with the
approved Zoning Plan, with the conditions imposed herein, meets the requirements of the
Nonresidential Interim Regulations and is consistent with the approved 1999-2020 Denton
Comprehensive Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 Ordinance 2001-190 providing for the approval of a Planned Development
Zoning District Classification and Use Designation for the property described as PD-197 is
amended by approving the Project/Detailed Plan attached hereto and incorporated herein by
reference as Exhibit B for 0 6 acres of land located within PD-107, more particularly described
by the legal description attached hereto and incorporated herein by reference as Exhibit A,
subject to the following conditions
I Any new lighting on the property should be designed and maintained so as not to shine
on or otherwise disturb the surrounding residential properties or to shine and project
upward, to prevent the diffusion into the night sky Additionally, all lighting shall be
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recessed to prohibit outward shining, which shall be attached to the Detailed/Project Plan
2 All signs shall at a minimum meet the City of Denton Sign Ordinance, but shall include
the following additional requirements
a All free-standing signs shall be monument signs
b There shall be no neon signs
c No signs advertising beer or wine shall be viewable from the exterior of the
building
d No signs shall be placed on the exterior of the building except within the
windows
e Additional sign details shall be attached to the Detailed/Project Plan
3 The dumpster enclosure and gates must be constructed with an opaque design
4 Hours of operation shall be limited to 6 00 a in to 10 00 p in
5 There shall be no outdoor loud speakers
6 Uses on the Property are limited to a convenience store with gasoline sales
7 The photos showing the exterior elevations of the building that were presented to the City
Council at the public hearing on May 1, 2001 shall be attached to the Detailed/Project
Plan
SECTION 2 The provisions of this ordinance as they apply to the 0 6 acres shown in the
Project/Detailed Plan herein approved shall govern and control over any conflicting provisions of
Ordinance 2001-190
SECTION 3 A copy of this ordinance shall be attached to Ordinance 2001-190 showing
the amendment herein approved
SECTION 4 If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any invalidity, and to this end the provisions of this
ordinance are severable
SECTION 5 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 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, official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage
PAGE 2
SW Ooum .4901601W41 Wt
PASSED AND APPROVED this the day of 2001
(
EULINE BROC,r , MAWR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY 4/)JI
APP OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
PAGE 3
Exhibit A
Legal Description
FIELD NOTES to all that certain tract of land situated in the Joseph Carter Survey,
Abstract Number 268, City of Denton, Denton County, Texas and being all of Tract 3
described in a special Warranty Deed to the Rummell Family Trust, recorded under
Clerk's File Number 95-R0021765 of the Real Property Records of Denton County,
Texas, same being a part of a called 11 95 acre tract of land described as the First Tract in
the Deed to J W Nichols and J L Ginnings recorded in Volume 434, Page 289, the
subject tract being more particularly described as follows
BEGINNING at the Northeast corner of the tract being described herein at an "X" found
in concrete in the West line of a road under apparent public use, posted as Sherman
Drive,
THENCE South 27 Degrees 30 Minutes 00 Seconds West with the West line of said road
a distance of 200 00 feet to an "X" cut in concrete for the Southeast corner of the tract
being described herein, same being the Northeast corner of a called Second Tract of land
described in the Deed to Blanch Ginnings, Trustee, recorded in Volume 1044, Page 295
of the Deed Records of Denton County, Texas,
THENCE North 62 Degrees 30 Minutes 00 Seconds West with the North line of said
Second Tract a distance of 150 00 feet to a '/2" capped iron rod set for the Southwest
corner of the tract being described herein, same being in the West line of a tract of land
called Tract 47, 2 966 acres of the J Carter Subdivision, being the same tract described as
the Fifth Tract described in the Deed to Joe W Nichols, recorded in Volume 1044, Page
298 of the Deed Records of Denton County, Texas,
THENCE North 27 Degrees 30 Minutes 00 Seconds East with the West line of said Fifth
Tract a distance of 117 20 feet to a''/a" capped iron rod set for the Northwest comer, same
being in the South line of said Addition,
THENCE North 88 Degrees 36 Minutes 00 Seconds East with the South line said
Addition a distance of 171 34 feet to the PLACE OF BEGINING and enclosing 0 55
acres of land more or less
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