HomeMy WebLinkAboutS23-0006bORDINANCENO. S23-OO06b
AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING A REQUEST FOR A
SPECIFIC USE PERMIT (SUP) TO ALLOW FOR A VETERINARY CLINIC USE ON
APPROXIMATELY 2 ACRES OF LAND, GENERALLY LOCATED ON THE SOUTH SIDE
OF TEASLEY LANE, APPROXIMATELY 525 FEET WEST OF PENNSYLVANIA DRIVE.
IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT
TO THE CITY’S OFFICIAL ZONING MAP: PROVIDING FOR A PENALTY rN THE
MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (S23-OO06b)
WHEREAS, Stephen Pereff with Pereff Development Group, representing the property
owner Hickory & Grace Properties, LLC has applied for a new Specific Use Permit (“SUP”) to
allow for a Veterinary Clinic use on an approximately 2-acre site, within the Residential 2 (R2)
zoning district and use classification, as described in Exhibit “A” (hereinafter, “the Property”);
and
WHEREAS, on May 29, 2024, the Planning and Zoning Commission, in compliance with
the laws of the State of Texas, having given the requisite notices by publication and otherwise, and
having afforded full and fair hearings and to all property owners interested in this regard, has
recommended approval [5 - 0] of the requested SUP, subject to conditions; and
WHEREAS, on June 18, 2024, the City Council likewise conducted a public hearing as
required by law to consider the SUP request. Upon consideration, the City Council hereby finds
that the request is consistent with the Denton 2040 Comprehensive Plan and federal, state, and
local law, and that the Applicant has agreed to comply with all provisions of the Denton
Development Code (“DDC”), and has further agreed to comply with the additional restrictions and
conditions set forth herein; and
WHEREAS, the City Council has determined that it will be beneficial to Denton and its
citizens to grant the SUP; that such grant will not be detrimental to the public welfare, safety, or
health; that proposed permit, as conditioned below, satisfies criteria set forth in Sections 2.4.5E
and 2.5.2D of the Denton Development Code; and that the SUP should be granted; 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 and found to be true.
SECTION 2. The SUP to allow the Veterinary Clinic use on the Property as shown on the
site plan, landscape plan, and building elevations attached and incorporated herein as Exhibit “B”,
Exhibit “C,” and Exhibit “D”, is hereby approved, with the following conditions:
1. Development of the site shall substantially comply with the attached Site Plan and
Landscape Plan. Administrative approval of changes that do not increase the size of the
veterinary clinic building, change the number of parking spaces, or result in a decrease of
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more than 5 percent in the landscape area for the whole site may be administratively
approved, if such changes are permissible per the Denton Development Code. All other
changes shall require a Specific Use Permit amendment in accordance with the Denton
Development Code.
2.Notwithstanding the limited administrative approvals authorized in condition 1, the City
reserves the right to require approval by ordinance of any amendments or alterations to
the SUP, the attached site plan, and the attached landscape plan, including those
referenced in condition 1. The attached site plan and landscape plan are incorporated as
requirements of the SUP.
3.Improvements within the TxDOT roadway require approval by TxDOT. If TxDOT
requires a traffic impact analysis (TIA) and minor alterations are required to relocate the
proposed right-of-way (ROW) extending south ofTeasley Lane, relocate parking spaces
impacted by the ROW relocation, add a turn lane, or any other changes required by
TxDOT, these changes may be approved by City staff, provided that the final
configuration of the ROW complies with the Texas Department of Transportation
(TxDOT) requirements as well as all elements of the DDC. All other changes to site access
shall require a Specific Use Permit amendment in accordance with the Denton
Development Code.
4. The zoning map shall reflect the Specific Use Permit on the property consistent with the
DDC
5. Minor alterations to the building elevations (attached and incorporated herein as Exhibit
D) may be approved by City staff, provided that the final project complies with Denton
Development Code Subsection 7.10.5D, Building Mass and Form.
SECTION 3. Failure to Comply. Except as otherwise stated above, all terms of the SUP
shall be complied with prior to issuance of a Certificate of Occupancy. Failure to comply with any
term or condition of the Ordinance will result in the SUP being declared null and void, and of no
force and effect. The SUP is issued to the entity named above runs with the land and is assignable
and transferable to subsequent owners of the Property.
SECTION 4. SUP Regulations. Upon notice to the property owner and a hearing before
the City Council, a SUP may be revoked or modified if: 1. There is one or more of the conditions
imposed by this Ordinance that has not been met or has been violated on the Property; or 2. The
SUP was obtained or extended by fraud or deception; or 3. As otherwise permitted by law and/or
permitted by the Denton Development Code.
SECTION 5. Unlawful use. It shall be unlawful for any person, firm, entity, or corporation
to make use of the above-referenced Property in some manner other than as authorized by the
Denton’s Codes of Ordinances and this Ordinance.
SECTION 6. Severability. If any provision of this ordinance or the application thereof to
any person or circumstance is held invalid by any court, such invalidity shall affect the validity of
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the provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 7. Penalty. Any person, firm, entity, or corporation violating any provision of
this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00 for each violation.
Each day that a provision of this ordinance is violated shall constitute a separate and distinct
offense. The penal provisions imposed under this Ordinance shall not preclude Denton from filing
suit to enjoin the violation and it retains all legal rights and remedies available to it under local,
state and federal law.
SECTION 8. In compliance with Section 2.09(c) of the Denton Charter, 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.
The motion to approve this ordinance was made by B th_b 8% h and seconded
by Br&b) q_ CLR.k n,6 BC , the ordinance was passed and approved by the following vote[7 &]
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:,/
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Vicki Byrd, District 1 :
Brian Beck, District 2:
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
PASSED AND APPROVED thi, th, 18+- day of A 1b) n 1:1:11=' 2024.
GERARD HUDSPETH, MAYOR
ATTEST:
LAUREN THODEN, CITY SECRETARY
3
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APPROVED AS TO LEGAL FORM:
MACK RErNWAND, CITY ATTORNEY
IV-K“"-BY: U
EXHIBIT A
Legal Description
Being a 2.00 acre tract of land out of the T.E. Peacock Survey, Abstract No. 1589 and the C.
Poullalier Survey, Abstract No. 1006, situated in the City of Denton, Denton County, Texas,
being a portion of Lot IA-1, Block A of Denton Catholic Addition, Lots IA-1 & IA-2, Block A,
a subdivision of record in Document Number 2022-208 of the Plat Records of Denton County,
Texas, and being more particularly described by metes and bounds as follows :
COMMENCING at a 1/2 inch iron rod found in the South right-of-way line of Teasley Lane
(Farm to Market Road 2181 – variable width right-of-way), being the Northwest corner of said
Lot IA-1 9
THENCE, N89'’41'23"E, along the South right-of-way line of Teasley Lane, being the common
North line of said Lot IA-1, a distance of 1 1 1.14 feet to the POINT OF BEGINNING and
Northwest corner hereof;
THENCE, continuing along the South right-of-way line ofTeasley Lane, being the common
North line of said Lot IA-1, the following three (3) courses and distances:
1.
2.
N89'’41’23"E, a distance of 155.88 feet to a 1/2 inch iron rod found at the point of
curvature of a non-tangent curve to the left;
Along said non-tangent curve to the left, having a radius of 1,189.90 feet, a chord bearing
of S88'’02'45"E, a chord length of 93.87 feet, a delta angle of 04'’3 1’16", an arc length of
93.89 feet to an “X” cut found at the end of said curve;
N89'’41’37"E, a distance of 62.27 feet to the Northeast corner hereof;3.
THENCE, leaving the South right-of-way line of Teasley Lane, over and across said Lot IA-1,
the following seven (7) courses and distances:
1
2
3
4
5
6
7
S39'’48’32’'W, a distance of 19.95 feet to a point;
S00'’20’35"E, a distance of 323.06 feet to the Southeast corner hereof;
S89'’47'44’'W, a distance of 199.33 feet to the most Southerly Southwest corner hereof;
N00'’20'35"W, a distance of 167.16 feet to a point;
S89'’34’48"W, a distance of 97.32 feet to the most Westerly Southwest corner hereof;
N13'’47’45’'W, a distance of 1 01.67 feet to a point;
N15'17’55"E, a distance of 78.72 feet to the POINT OF BEGINNING and containing
an area of 2.00 Acres, or (86,973 Square Feet) of land, more or less.
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