2001-214 ORDINANCE NO 001- 15/
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 ¼ 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 estabhshed, among other things, a
Project Plan reqmrement, and
WHEREAS, on May 1, 2001, by Ordinance 2001-190, the City Council approved a
change in zomng 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 convemence 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 Zomng 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 hereto by
reference as ExhlNt 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
1 Any new lighting on the property should be designed and mmntained 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
recessed to prohibit outward shlmng, which shall be attached to the Detmled/Project Plan
2 All signs shall at a minimum meet the City of Denton Sign Ordinance, but shall include
the following additional mqmrements
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 vlewable from the exterior of the
bmldmg
d No signs shall be placed on the exterior of the building except within the
windows
e Additional sign detmls 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 shallbe lnnlted to 6 00 am to 10 00p m
5 There shall be no outdoor loud speakers
6 Uses on the Property are limited to a convemence store w~th gasoline sales
7 The photos showing the exterior elevations of the bmld~ng that were presented to the City
Council at the pubhc heanng on May 1, 2001 shall be attached to the Detailed/Project
Plan
SECTION 2 The provls~ons of this ordinance as they apply to the 0 6 acres shown in the
ProJect/Detailed Plan here~n approved shall govern and control over any conflmt~ng provlmons 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 appheatlon thereof to any person or circumstances is held ~nvahd by any court
of competent junsdlction, such holding shall not affect the vahdlty of the remalmng portions of
this ordinance, and the City Council of the City of Denton, Texas hereby declares ~t would have
enacted such remalmng portions despite any invalidity, and to this end the provisions of th~s
ordinance are severable
SECTION 5 Any person violating any prowsaon of this ordinance shall, upon
eonv~ctlon, 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 th~s ordinance to be
published twice in the Denton Record Chromcle, offimal newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage
PAGE 2
EULINE BROCk, ~VIAY~R
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
PAGE 3
Exhibit A
Legal Description
FIELD NOTES to all that certmn tract of land situated m the Joseph Carter Survey,
Abstract Number 268, C~ty of Denton, Denton County, Texas and being all of Tract 3
described m a specml 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 F~rst Tract in
the Deed to J W N~chols and J L Gmmngs recorded in Volume 434, Page 289, the
subject tract being more partmularly described as follows
BEGINNING at the Northeast comer of the tract being described here~n at an "X" found
in concrete ~n the West hne of a road under apparent pubhc use, posted as Sherman
Drive,
THENCE South 27 Degrees 30 M~nutes 00 Seconds West w~th the West hne of smd road
a distance of 200 00 feet to an "X" cut ~n concrete for the Southeast comer of the tract
being described here~n, same being the Northeast comer of a called Second Tract of land
described m the Deed to Blanch Cnnmngs, Trustee, recorded ~n Volume 1044, Page 295
of the Deed Records of Denton County, Texas,
THENCE North 62 Degrees 30 Minutes 00 Seconds West w~th the North hne of said
Second Tract a thstance of 150 00 feet to a ½" capped ~ron rod set for the Southwest
comer of the tract being described herein, same being ~n 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 F~fth Tract described m the Deed to Joe W N~chols, recorded in Volume 1044, Page
298 of the Deed Records of Denton County, Texas,
THENCE North 27 Degrees 30 M~nutes 00 Seconds East with the West line of said Fifth
Tract a distance of 117 20 feet to a ½" capped ~ron rod set for the Northwest comer, same
being ~n the South hne of smd Addition,
THENCE North 88 Degrees 36 Minutes 00 Seconds East with the South line smd
Addition a distance of 171 34 feet to the PLACE OF BEGINING and enclosing 0 55
acres of land more or less