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ORDINANCE NO. a DO 7-15A
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A SPECIFIC USE
PERMIT TO ALLOW A DRIVE -THROUGH USE ASSOCIATED WITH A BANK IN A
DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING DISTRICT; THE AREA FOR
SPECIFIC USE PERMIT ENCOMPASSES 0.554 ACRES OF LAND LOCATED NORTH OF
EAGLE DRIVE AND WEST OF MYRTLE STREET AND LEGALLY DESCRIBED AS TRACTS
177, 178, AND 179 OF THE WM. LOVING SURVEY, ABSTRACT NUMBER 759, IN THE CITY
OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (S07-0006)
WHEREAS, Carroll -Eagle Partner, LP, has applied for a Specific Use Permit to allow a drive -
through use associated with a bank for approximately 0.554 acres of land, more particularly described in
Exhibit "A", which is attached hereto and incorporated herein by reference (the "Property"), in a
Downtown Commercial General (DC-G) zoning district classification and use designation; and
WHEREAS, on July 27, 2007 the Planning and Zoning Commission recommended approval of
the requested Specific Use Permit subject to the conditions outlined in Sections 3 and 4; and r.
WHEREAS, the City Council finds that the change is consistent with the Denton Plan and meets
all criteria set forth in §35.6.4 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 preamble of this ordinance are
incorporated herein by reference as true.
SECTION 2. The Specific Use Permit Site Plan attached hereto and incorporated herein as
Exhibit "B", is hereby approved for the Property.
SECTION 3. The Specific Use Permit shall expire 18 months from the issuance of a permit for
the temporary bank building that the drive -through use will be associated with, or upon vacation of the
temporary bank building, whichever occurs first.
i-
SECTION 4. Compliance with the Denton Development Code, 35.13.8.2.a.i. (Buffer and
Screening Requirements) will be required if adjacent properties under common ownership are
maintained as single family residences after January 1, 2008.
SECTION 5. 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 otherprovisions
or applications, and to this end the provisions of this ordinance are severable. 4.
SECTION 6. 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 7. 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 Cityof Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the 17M_ day of
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
12007.
eAAtO��e_Rrn�4a
PERRY . McNEILL, MAYOR
EXHIBIT A
LEGAL DESCRIPTION
A-LL T11AT CERT.�'IN TRACT OR P.,.RC EL OF LYVTD LYING ANTS BENG S-ITUATED III THE
'ul 1. LOIMNG SUR%T-Y. ABSTP kCT N ,\MER 759, DEN -TON COUNMf . TE-XA& ND BEING
PART OF A T? A CTS DESCRLBED EN A DEEDS TO 519 AC IE LTD.. RECORDED jNDER DEED
LlTBER'Q77-5654&; DEED \C ,dBER'007-56549; DEED?v�PvlBEP '00?-56550, AVM DEED
`dLT 1BER 200 7-56544, P.E.A.L PROPERTY' RECORDS,. DENTON COUNTY TE kS. AND BEING
`,SORE PARTICULARLY DESCRIBED AS FOI « O WS:
BEGLNPNG AT A U? DNClq IRON PW FOLWD ATA SOU111PIT-ST CORNER OF S JD 51S ACME
TRACT (DN 00 56549, 2007-56550)a
THENCE NORTH 00 DEGREES 191"T LUTES 06 SECONDS GUEST, A DISTANCE OF 104.47- FEET
TO A i r2 EgCH UROIN PLAT IGITH A'r-ELLOV,,, PL A.STIC C ? ST..�TFED "`. ETRO?LE2X i 849" :SET
FOR CORNER:
LENCE NORTH 88 DEGREES 53 TvML T-TTES ?S SECONDS E.-.ST. a DISTANCE OF 159.01 FEET
TO A 1 r' EgCH IRON PENT GGITH A Y ELLO'C;, PL 4 STIC C P STA`:1P=- 7VIETROPLEX -;849" SET
FOR CORNER:
THENCE SOUTH 00 DEGREES 18 ItL='N,UTE-S 23 SECONDS"WEST. A DISTANCE OF 159_15 FEET
TO A 1l7 LtiTCH !RON PLV WITH A YI LLO°,''V PL:' STIC C, :P STAMPED " METROPLEX 1849" SET
FOR CORER:
THENCE I3tEST, A DST.'=Y C'E OF 14??9 FEET TO z _`A PVCH IRON, PL'1 FC UNI) FOR CORNER
THENCE NORTH 00 DEG:tR ES _ \v�TES 07 SECONDS TST. A DISTANCE OF 52.36 FEET
TO A 112 LNTCH IRON PLN F01.2ti ? FOR COKNER:
THENCE SOUTH 89 DEGREES _1-41,IiNlTTES 13 SECGINDS [VEST, A DIST.62NCE OF 13.57 FEET TO
TTE, POINT OF BEGLNTNENG --'-ND COi FT:'� 1 71 \'G LINT ALL 1). i 54 ACRES OF L'+ND,
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EXHIBIT B
SITE DESIGN
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