HomeMy WebLinkAbout2008-099ORDINANCE NO. �aOY— 49qq
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ARROVING A SPECIFIC USE
PERMIT TO ALLOW A DRIVE THROUGH ASSOCIATED WITH A PHARMACY ON
APPROXIMATELY 2.184 ACRES OF LAND, GENERALLY LOCATED AT THE SOUTHWEST
CORNER OF HICKORY CREEK ROAD AND TEASLEY LANE (F.M. 2181), AND LEGALLY
DESCRIBED AS LOT 1, BLOCK A OF THE HICKORY CREEK CENTER ADDITION, IN 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. (S07-0016)
WHEREAS, Salvo Real Estate Solutions, has applied for a Specific Use Permit to allow a
drive through on approximately 2.184 acres of land, generally located at the southwest corner of
Hickory Creek Road and Teasley Lane (F.M. 2181), and is more particularly described in Exhibit
"A", attached hereto and made a part hereof by reference (the "Property"); and
WHEREAS, on April 9, 2008, 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 that the change is consistent with the Denton Plan and the
Development Code; 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.
SECTION 3. The Speci 6c Use Pen -nit Site Plan attached hereto and incorporated herein as
Exhibit `B", is hereby approved for the Property.
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 theDenton Record -Chronicle, a daily newspaper published in the CityofDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the 6th day ofAw , 2009
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
JAM Y
PERR McNEILL, MAYOR
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EXHIBIT A
LEGAL DESCRIPTION
WHEREAS, SR DENTON 2181, LLC is the owner of a Z184 acre tract of land situated in the
A. Vantars SwwX Abstract No. 1315 Denton County, Texas; sold tract, being part of that
tract of land .described in Warranty Dead With Vendor's Lien to SR Denton 2181, LLC recorded
in instrument No. 2007-141537 of the Official Records of Denton County, Texas sold 2,184
acre tract being more particularly described as follows
BEGINNING, at a 5/8-inch iron rod with $lycoskie McInnis' cap found for corm; said point
being the intersection of the south right-of-way line of Hickory Creek Road (a variable width
right-o"y) with the west right-of-way lire of Teasley Lane (F.M. 2181) (a variable width .
right -oh -way);
7HENC& South Of degree, 25 minutes, 05 seconds East, along the said west line of Teasley
Lane, d, dlstandb of 289.78 fear to a 112-inch fron rod with Pah`,11eca Koch' cop 99t far
Comer;
7NENCE Soule 89 degrees, 53 minutes DI second blast departing the said west lure of
Teasley Lane, a distance of 279.58 feet to a 1/2-4nch Iron rod with Pacheco Koch' cap set
far tamer,
THENC,„ North 00 degrees 06 minutest 59 seconds West a distance of 50.20 feet to a
1/1-Inch iron rod with Pacheco Koch' cap set for comer,
7HENCF- South 89 degrees, 53 minutes, 01 second West. a distance of 6300 feet to a
1/2-kith Iron rod with Pacheco Koch' cap set for comer,
7HENC& North 00 degrees 06 mlrrutos 59 seconds West a distance of 239.50 feet to a
1/2-krch Iron rod with Pacheco Koch" cap set for comer, said point being In the said south
line of Hickory Creek Road,
INENCE, North 89 dogmas, 53 mkrutes 01 second East along the sold south fine of Hickory
Creek Road o distance of 336.00 feet to the POINT OF BEGINNING
CONTAWING` 95,130 square feet or 2.184 acres of land more or less
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EXHIBIT B
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