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Home My WebLink About2010-157s \legal\our documents\ordinances\10\s10-000Ldoc ORDINANCE NO. 2010-15 7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A DRIVE THROUGH ON APPROXIMATELY 0.949 ACRES OF LAND WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, GENERALLY LOCATED 250 FEET WEST OF THE INTERSECTION OF TEASLEY LANE (FM 2181) AND LILLIAN MILLER PARKWAY WITHIN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (S 10-0001) WHEREAS, First State Bank, has applied for a Specific Use Permit to allow a drive - through on approximately 0.949 acres of land within a Neighborhood Residential Mixed Use (NRMU) zoning classification and use designation, more particularly described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter, the "Property"); and WHEREAS, on April 28, 2010, the Planning and Zoning Commission concluded a public hearing as require by law, and recommended approval of the requested Specific Use Permit; and WHEREAS, the City Council finds that the request is consistent with the Denton Plan and the Development Code, specifically finding that the requirements of §35.6.4 are satisfied by the proposal when conditioned by the Site Plan attached as Exhibit "B"; 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 as true. SECTION 2. A Specific Use Permit to allow a drive through on the Property is hereby approved, subject to the following condition: 1. This Specific Use Permit shall only be for the proposed four -lane drive -through, with one pass -through lane, in association with the proposed 4,524 sq. ft. bank facility as shown and described in Exhibit 4: Site Plan and Landscape Plan. - SECTION 3. The Specific Use Permit Site Plan attached hereto and incorporated herein as Exhibit "B", is hereby approved, as an additional condition of the permit. SECTION 4. If any provision of this ordinance 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 provision 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. Page 1 s.\legal\our documents\ordinances\10\s10-000Ldoc 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, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. t PASSED AND APPROVED this the day of 32010. N ATTEST: JENNIFER WALTERS, CITY SECRETARY � �W11-Aff'juldo / Nj APPROVED AS TO LEGAL FORM: MARK A. BURROUGVS, MAYOR Page 2 sAour documents\ordinances\10\s10-0001 doc EXHIBIT A LEGAL DESCRIPTION FIELD NOTES 0.949 ACRE BEING all that certain lot, tract, or parcel of land situated in the C. Poullalier Survey Abstract Number 1006 in the City of Denton, Denton County, Texas, being a part of that certain tract of land conveyed by deed from Alexander Management LLC and E. E. Alexander Family Limited Partnership to Teasley Commons Ltd. recorded in Volume 5320, Page 2275, Real Property Records, Denton County, Texas and being more particularly described as follows: BEGINNING at an iron rod set for corner in the south line of Teasley Lane, a public roadway having a right-of-way of 135.0 feet, said point being the northwest comer of Lot 1, Block A of Teasley Commons, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet V, Page 136, Plat Records, Denton County, Texas; THENCE S 010 02' 20" E, 93.74 feet with the v✓est line of said Teasley Commons to an iron rod set for corner; THENCE S 220 01' 49" W, 36.45 feet with the west line of said Teasley Commons to an iron rod set for corner: THENCE along the arc of a curve to the left having a central angle of 21 ° 46' 44`', a radius of 55.70 feet, an arc length of 21.17 feet, whose chord bears S 11 ° 08" 28" W, 21.05 feet with the west line of said Teasley Commons to an iron rod set for corner; THENCE S 010 12° 28" W, 131.71 feet with the west line of said Teasley Commons to an iron rod set for corner, said point being the southwest corner of said Teasley Commons and the most northerly northwest corner of Lot 2, Block A of Teasley Commons, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet V, Page 816, Plat Records, Denton County, Texas; THENCE SOUTH. 11.41 feet with a west line of said Lot 2 to an iron rod set for comer at an inner ell of said Lot 2: THENCE S 88° 45' 24" W, 122.76 feet with the north line of said Lot 2 to an iron rod set for corner; THENCE N 12" 59' 57" W, 41.49 feet to an iron rod set for corner; THENCE along the arc of a curve to the right having a central angle of 130 00' 01 ", a radius of 200.00 feet, an arc length of 45.38 feet, whose chord bears N 060 29' 56" W, 45.28 feet to an iron rod set for corner; THENCE N 00° 00' 04" E. 117.58 feet to an iron rod set for corner; Page 3 sAour documents\ordinances\10\s10-0001.doc THENCE along the arc of a curve to the right having a central angle of 12° 33' 33", a radius of 200.00 feet, an arc length of 43.84 feet, whose chord bears N 06° 16' 51" E. 43.75 feet to an iron rod set for corner, THENCE along the arc of a curve to the left having a central angle of 13° 50' 56", a radius of 200.00 feet; an arc length of 48.34 feet, whose chord bears N 05° 38' 09'' E. 48.22 feet to an iron rod set for corner in said south line of said Teasley Lane; THENCE S 89" 47' 29" E, 144.19 feet with said south line of said Teasley Lane to the PLACE OF BEGINNING and containing 0.949 acres of land. 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