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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