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Home My WebLink AboutS24-0002bORDINANCE NO. S24-OO02b AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMiT (2003-325) AMENDMENT TO ALLOW FOR SITE MODIFICATIONS ON APPROXIMATELY 0.89 ACRES OF LAND, GENERALLY LOCATED APPROXIMATELY ONE BLOCK SOUTH OF TEASLEY LANE AND TO THE WEST OF FM 2181/TEASLEY LANE, IN THE' CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY’S OFFICIAL ZON[NG MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (S24-OO02b, DATCU TEASLEY) WHEREAS, Homeyer Engineering (the “Applicant”) applied for a Specific Use Permit (2003-325) amendment, including, but not limited to, modification to the site plan to reduce drive-through banking lanes and replace with additional parking on approximately 0.89 acres of land within the Mixed-Use Neighborhood (MN) zoning district, legally described in Exhibit “A“ (hereinafter, the “Property”); and WHEREAS, on October 7, 2003, the City Council adopted Ordinance 2003-325, approving a Specific Use Permit for 0.89 acres of land for a drive-thru facility; 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 held due hearings and afforded full and fair hearings to all property owners interested in this regard, recommended approval (5-0) of the request; and WHEREAS, on June 18, 2024, the City Council opened the public hearing and continued the hearing to a date certain of July 23, 2024. WHEREAS, on July 23, 2024, the City Council conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards set forth in Subsection 2.5.2 of the Denton Development Code, and is consistent with the Denton Plan and the 2019 Denton Development Code as applicab ie; and WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton have determined that the proposed amendment to the Specific Use Permit is in the best interest of the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that said amendment to the Specific Use Permit is in the public interest and should be granted as set forth herein; 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 amended Site Plan and Landscape Plan for SUP 2003-325 attached and incorporated herein as Exhibit “B,” is hereby approved, subject to the following conditions: 1. The attached Site Plan and Landscape Plan reflect an intent to comply with the originally approved site plan and the 2019 DDC to the greatest extent possible. 2.The attached Site Plan and Landscape Plan are incorporated as requirements of the SUP. Staff shall have the ability to approve a reduction in the building coverage and a decrease in the number of parking spaces specified in requirements “a” and “b’' below, provided the reductions do not equate to a change of more than 5% of the building square footage or 1 parking space and all applicable requirements of the originally approved site plan and current DDC are met: a. b. C. No more than one building with a total building footprint not to exceed 4,116 sq. R or 10.65% of the lot area. A total of nineteen (19) parking spaces and 6 bicycle parking spaces are proposed for the drive-through Financial Institution indicated on the Site Plan. No more than 3 drive-through lanes with one by-pass lane to facilitate on-site circulation. 3. Minor alterations to the depicted locations of the building, pedestrian pathways, and parking may be approved by City Staff, provided that the final plan complies with the attached Site Plan in terms of access and internal pedestrian connectivity. 4. Minor alterations to the depicted locations of individual plantings may be approved by City staff, provided that the final landscaping, as planted, complies with the attached Landscape Plan in terms of required landscape elements and overall tree canopy, as well as all applicable requirements of the current DDC. 5. Notwithstanding the limited administrative approvals authorized in the above conditions, 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. 6. The zoning map shall reflect the Specific Use Permit on the property consistent with the Post-Decision Action Steps for Specific Use Permits in the 2019 DDC. SECTION 3. Previous Approvals. The provisions of this ordinance, as they apply to the subject site as shown in Exhibit B are herein approved and shall govern and control over any conflicting provision of Ordinance No. 2003-325. SECTION 4. 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 this 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 5. 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 the current DDC. SECTION 6. 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 current DDC, Code of Ordinances, and this ordinance. SECTION 7. 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 not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 8. 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 9. 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. Th, m,ti,„ t, ,pp„„, thi, ,rdin,„„ w„ made by J.'lt Jcs4c/ and seconded by ]/rr,k. I Dvr a , the ordinance was passed and approved by the following vote [L - CH Aye Nay Abstain Absent Mayor Gerard Hucispeth:/ \/ ,/‘ P/ / 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 6:7 /)-'I r J d'y 'f July ,2024. 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