HomeMy WebLinkAbout2005-101ORDINANCE NO. AM5-1091
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO.2004-
200, A SPECIFIC USE PERMIT FOR A DRIVE -THROUGH FACILITY ON APPROXIMATELY
0.56 ACRE OF LAND GENERALLY LOCATED SOUTH OF MCKINNEY STREET AND
APPROXIMATELY 900 FEET WEST OF LOOP 288, WITHIN A NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00
FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z04-0047)
WHEREAS, Mitchell Planning Group, L.L.C. has applied to remove "condition b" of
Ordinance No. 2004-200, a specific use permit for a drive -through facility for Church's Chicken
within a Neighborhood Residential Mixed Use zoning district classification and use designation on
approximately 0.56 acre of land generally located south of McKinney Street and approximately 900
feet west of Loop 288, as more particularly described in Exhibit "A' attached hereto and made a part
hereof by reference (the "Property"); and
WHEREAS, on February 23, 2005, the Planning and Zoning Commission recommended
approval of the amended Specific Use Permit for a drive -through facility; and
WHEREAS, the City Council finds that the amended Specific Use Permit is consistent with
The Denton Plan; and
WHEREAS, in accordance with Subchapter 6 of the Development Code of the City of
Denton, Texas, the City Council finds that all of the following conditions exist:
The drive -through facility will be compatible with and not injurious to the use and
enjoyment of other property nor significantly diminish or impair property values
within the immediate vicinity; and
The establishment of the drive -through facility will not impede the normal and
orderly development and improvement of surrounding property; and
Adequate utilities, access roads, drainage, and other necessary supporting facilities
have been or will be provided; and
The design, location, and arrangement of all driveways and parking spaces provides
for the safe and convenient movement of vehicular and pedestrian traffic without
adversely affecting the general public or adjacent developments; and
Adequate nuisance prevention measures have been or will be taken to prevent or
control offensive odor, fumes, dust, noise, and vibration; and
Directional lighting will be provided so as not to disturb or adversely affect
neighboring properties; and
There is sufficient landscaping and screening to ensure harmony and compatibility
with adjacent property; 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.
SECTION 2. Ordinance No. 2004-200 is amended, removing condition b (An access
easement for the connection between the Property and the driveway to the east must be provided
prior to final plat approval.).
SECTION 3. Any person violating any provision of this ordinance shall, upon conviction,
be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 4. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record -Chronicle, a daily newspaper published in the CityofDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the & —day of %/ , 2005.
&4�A'z
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY'
BY: r 1
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
MIxeID►a
Exhibit A
ILMM PUT
TO ALL PARTIES 1N15RF•STBO IN PRt ides "JIMM.
'KdaIIsW 9.W" that I haw, Use e01% made d WOW and onouesto
8VonINground of the fonewlnq daeadbad pedplrftyr
M
TO ALf. PANNIM RltTA6$TE0 IN PRft0SE9 SVAVRYtbI
" to to verdgi that 1 have, this dabb mad■ a ateoU and assurato
eurM 9% the ground of tha fagcwUrg dafofnind papafV.. ,
8CWO all Viol omdoll r K twat er.0eroll of hind fll"Oud In the M.
eV YwidruA+ 9utvyr, Aeaet Ne. f , Trt ells Cny of oestan, oMflan "Wow.
TneaA AAtl beglg part of the 64.015E Caw Ky aermib/d ipnr Tram 1
voord to candy lawliq yv peed r4o="h Ca11My f2erin F9n Number
p7-ND029089 at the Dona karorda u Coon Taxae, aIM being
part pwf ulaq ddodit od by metes and bands as NOWIi
SI MsNIND at a 8//0Iran rod tat fat wontf ire the South right of ray
Ilns of MaKtnnay Street (form markok No. a26, varidbls tddih right of
Cwry), eavul 40 feet from the ainldrai at this p*K mama bdkng Oro
Y& Ilm of ealo Loody Mvl* $4,5914 Cora treat. ahbb Is North W 20'
27e trot at a dutance of W1.513 feet Iwo Am rtaNhseet aa"Wr. oome
being sow barnpp the Norlhoiat aemN of Lot 1 In Block A of the
Putt -Putt adl A""". in ofilmon to the Gb at OeatAo. Idiom
paaarding to the plat 0aesaf awardd�eddd., In Ccbfnol 'H' of Side 147 of rho
ue Nbaaefh�iroaodoO! r efoMa dkvl90% o adddlitftb6the City m 00 an
County, Tosaie.aowmil to tits plat U"ut moofm In Oobinot 'u' at
Sl1ds $02 of qua teat Rbcards of Oman gnnty. Toroth
THIM South or 4W 01' West (Eldeit of ®earIM per plot recorded In
oabktat v 41 slot $02 of tin Ptak paaorad of Denton County. Taker)
ared daaorting the bvth rtaht of wey, line of sold MaKbrnay 9trdat , and
Paeehrg of o dtetonae Of 1 ,A7 rant the HerBnwast comer Of Lot $ in
hoot, A ar said Kaotlaood Vflaa, ohd acatbainlp along the wear line of
told Let 2 rn tfloak A et Knallwnaa JDas for o dial dfetawae of 167,117
feek to a A/' loan no set for "Mar,
THANCa Reach 67 21Y 27' Wadi and aftfnttna the West a" or said tat 2
for a dleldede of 146,00 foot to a a/9 Iron rod ►eA for voman
Tt1D= North OT 4W D2' East for a distance of 107.67 fast to an W
dot In aenwrelo roc &other a we souto rtQ1+t of aoY Ilene of odd Nal6rrley
Shell surd naktt ado being South o! x0 w east at a dtrtanoa of
it of foot from the Nwlfweet owns• of said Lantly saaioy 64A64 ones
bath:
'tNMlt aeon 87 =' W4 Cast ola7, ill $nth NMI of told M90mey
Sinat aid the Nvrpr lins of cold to dyY Mulkay 44,6114 actt tat toe a
distance ACoff 140.00 test to the Pow 0r 0E0 NINO AND CCt4fAININD
LAND, mars or lose.
I'L0o0 Nom.
Aacardln9 is am Pmaml Lmeaeanepnmnl Agency - Federal
InsarAMAd trAstraaan - Nat rload uroado Pragroln - Mad
Insuronof Rob Map 11,111AI, - for tha clot benten. Denton County,
Takao - Canurruetq Panel No d91210cMi E st 601VA date April 02,
1007: thepvo POrV shown hereon does not as wlthfn an area of
!C9-Yarn !load.
OW1TCATION
The plat hAPssA Is a Was. *offset and aaaaate roproeseliaCep as thi
Copony as dKOPMOUld by IMM". Made an the o ,d. this dole, Aab1W
is any ad aN eaeemsms, rodertrallans of rawe 0"s "'it andyy �bgY of
aabra, the IWO' and etlnesilons at sold property bola? m meleand by
the praU the Ads, tedatMA a9 toot of talldMge and 3nl ErvoiMes at# do
ehwan, art 911prevemdnle harm WBtdn ibA bo�fqtdarlge of Cfit prepo set
b4tk from me 11"A&V It"" the distahm bfdfsated oat that fhd dilnanwA
Tram the morosf W"111i n0ha droet Of road Is 99 Ihown on Iola pat
711" are no alaraaenfnenta,,emotitta Or prolnumans. vm% to Must.
PRELIMINARY,, MARCH 9, 2004
Reypdr�ya}sptmai Land 8u - -• rvsyor Its. 1090
ftMQ MIUMH 0, 2091d Claat06 aWUNCARY O Dt:6d1M1014, VTR.INE4 A06E0
Ig 4= MARCH a, 20o+ ewsu If"DARY ds ona mlill
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