HomeMy WebLinkAbout2009-327sAour documen ts\ordinances\09\s09-0005 taco bell.doc
ORDINANCE NO. 2,4X 32'I
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT TO ALLOW A DRIVE -THROUGH FACILITY ON APPROXIMATELY 0.821 ACRES
OF LAND, GENERALLY LOCATED AT 701 FORT WORTH DRIVE, AND SITUATED IN THE
ALEXANDER HILL SURVEY, ABSTRACT NO. 623, IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$23000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (S09-
0005)
WHEREAS, Taco Bell of America/Taco Bell has applied for a Specific Use Permit to allow a
drive -through facility on approximately 0. 82 13 acres of land located at 701 Fort Worth Drive, and is
more particularly described in Exhibit "A", attached hereto and made a part hereof by reference (the
"Property"), and
WHEREAS, on December 9, 2009, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommended approval of the requested Specific Use Permit; and
WHEREAS, the City Council finds the change in zoning is consistent with the
Comprehensive Plan and with Section 35.13.11 of the Denton Development Code; NOW;
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the recitals of this ordinance are
incorporated herein by reference.
SECTION 2. A Specific Use Permit to allow a drive -through facility is hereby approved for
the Property.
SECTION 3. The Specific Use Permit Site Plan attached hereto and incorporated herein as
Exhibit "B", is hereby approved as a 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 provisions 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.
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.
PASSED AND APPROVED this the `J�— day of , 2009.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:___,
ANITA BURGESS,CITY ATTORNEY
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Exhibit A
PROPERTY DESCRIPTION
BEING..a. tract of land situatedjn1. the Alexander :Hill- Survey, Abstract" No, 623, being a portion of Lot
1R, B.Iack i,_Eagle Point.. Shopping Center Addition, an Additi.on.in the tity of Denton, Texas according
to the Plat thereof recorded iri. Cabinet 2 27cu
Slid' . , . (Doment No. 00-R0020396), Official Records;
Denton County; Texas and -.being -&,portion of that certain tract.of land conveyed. to Locust:Fort Worth,
.LLC by Special Warranty Reed recorded in :Document No. 20.06-133804,' Official Records, Denton
County, Texas and being snoreparticularly described -as-follows:
CDnMENCIl�IG at a 1I2 .inch iron rod found for cos-aer in the Easterly ROW:line of U. S:. Highway No.
377 (Fort 'Worth Drive : a 150` RO ,said iron rod also bein-at.the most Northerly Southwest corner
)(." gy_.:
of said Lot 1R, Block 1 andAhe Northwest comer ofL.ot i :Block. A,.CompasiDank Addition, recorded.
in .Cabinet X, Page 620, Official. Records, Denton County, Texas;
THENCE along the Easterly,ROW hiae of U. . Highway No. 377 (Fort North Dave) ax d'the'Vti esterl:y
line-o:f sai€d Lot IPR Block 1, the following bearings and: distances:
North. 26 degrees 21 minnutes:0.0 seconds East; .a. distance of 209::7.1.'-f - to a 1./2 :inch iron rod:` ftd for
angle point;:
North. 24- degrees: 56 -Minutes .09 seconds --East, a distance of 53.59 feet to a. inch iron -rod..found.f-for
angle point; , .
North 25 degrees 22 miriutes.::;LB seconds East, a :distance of 5.32 feet to al/2 ' in
iron sod set at the
TRUE .PLACE- OF BEGUG;
North 25 degrees 22 minutes 18 seconds East, a distance of 141.53 feet -to a 1/2 inch iron rod set.for angle
point;
North ;21 degrees 56 minutes. 3'1,' seconds .East, a distance.of. i 'i8.feet to a 1./2 itich :iron ro& set for corner;
T.*F[ENCE r South 64 .degrees 37 minutes 42 seconds East, departing the Easterly ROW line.of U. S.
Nigh�vay N;o. 377 (Fort Worth:Driue) and the Westerly line of.said'Lot IR, lock l., a distanee.uf 217.12
feet to across set.:for cornier;
T.148KCE: South OU degrees 33 .minutes 18 seconds East. a distance of 141.:75 feet to -a cross set. for
cornef;'
THENCE: South 89 degrees 14 minutes 52 secon.ds West,..a. distance of 35.95 feet to a cross set -for anjle
p ai:nt:;
THENCE: North 64 degrees 3'7::minutes 42 seconds West,. a distance of 246.7.`1 feet -to the TRUE PLACE
OF BEGINNING and containing 35;777 square feet: orQ.82-1 acres of land:
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