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ORDINANCE NO. 24!)06 - 2 03
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A DRIVE -THROUGH FACILITY ON APPROXIMATELY 0.618 ACRES OF
LAND, GENERALLY LOCATED ON THE WEST SIDE OF LILLIAN MILLER PARKWAY
APPROXIMATELY 500 FEET NORTH OF SOUTHRIDGE DRIVE, LOCATED WITHIN A
NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMI J) ZONING DISTRICT, AND PLATTED
AS LOT 4, BLOCK A SOUTHRIDGE OAKS ADDITION IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; DECLARING SEVERABILITY; PROVIDING A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, AND ESTABLISHING
AN EFFECTIVE DATE. (S06-0003)
WHEREAS, Lary Reichhart, as the property owner's representative, has applied for a
specific use permit for a drive -through facility for State Bank and Trust within a Neighborhood
Residential Mixed Use (NRMU) zoning district classification and use designation, on approximately
0.618 acres, generally located on the west side of Lillian Miller Parkway approximately 500 feet
north of Southridge Drive, and is platted as Lot 4, Block A, Southridge Oaks Addition (the
"Property"); and
WHEREAS, on June 14, 2006, having found that the approval criteria of Sections 35.3.3.C.
and 35.13.11 of the Denton Development Code had been satisfied, the Planning and Zoning
Commission recommended approval of the specific use permit for a drive -through facility; and
WHEREAS, the City Council concurs in the findings of the Planning and Zoning
Commission, and finds that the Specific Use Permit is consistent with the Denton Plan; 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 as true.
SECTION 2. A Specific Use Permit is hereby approved for a drive —through facility on the
Property, subject to the site plan and lighting plan, attached hereto and incorporated herein as
Exhibits A and B.
SECTION 3. 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 4. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00, with each day of violation constituting a separate and distinct
offense.
SECTION 5. 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 day of , 2006
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
0'p'4' Aw -
PERRY . McNEILL, MAYOR
PAGE 2
EXHIBIT A
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STATE BANK & TRUST RICHARD E. COOPER, P.E.
i ❑ m gt PROPOSED COMMERCIAL BANKING FACILITY CONSULTING ENGINEER
y LOT 4 - SOUTHRIDGE OAKS 201 ROYAL OAKS COURT
~ 76210
LILLIAN MILLER BLVD. DENTON, TEXAS DPH.9 TEXAS 1579
PH. 940-565-1578