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Home My WebLink About2004-200FILE REFERENCE FORM 2004-200 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILES Date Initials Amended by Ordinance No. 2005-101 03/22/05 J R ORDINANCE NO. 1�2aO`7`' —0' AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING 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 (NAME) 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. (Z04-0020) WHEREAS, Mitchell Planning Group, L.L.C. has applied for a specific use permit for a drive -through facility for a restaurant 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, the proposed site plan for the specific use permit is on file in the offices of the Planning Department, a copy of which is attached hereto and made a part hereof as Exhibit `B" (the "Site Plan"); and WHEREAS, on June 23, 2004, the Planning and Zoning Commission recommended approval of a Specific Use Permit for a drive -through facility; and WHEREAS, the City Council finds that the 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. A specific use permit is hereby granted for the Property to allow a drive - through facility for a restaurant within a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation, subject to the following conditions: a. The drive -through facility shall be as provided in the Site Plan. 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. Notwithstanding the description of the Property, the property being rezoned includes all property to the centerline of all adjacent street rights -of -way. SECTION 4. The City's official zoning map is amended to show the change in zoning district classification. 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 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 CityofDenton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the0104ay of , 2004. EULINE BROCK, MAYOR PAGE 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY 1 MIr t!mall APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 3 Exhibit A SURVEY PLAT TO ALL PARTIES INTERESTED IN PREMISES SURVEYED: This is to certify that I have, this date, made a careful and accurate survey on the ground of the following described property: SURVEY PLAT TO ALL PARTIES INTERESTED IN PREMISES SURVEYED This is to certify that I have, this date, made a careful and accurate survey on the ground of the following described property: BEING all that certain lot, tract or parcel of land situated in the M. Yoachum Survey, Abstract No. 1442, in the City of Denton, Denton County, Texas, and being part of the 64.584 acre property described in Tract 1 conveyed to Lundy Mulkey by deed recorded in County Clerks File Number 97—ROO29O89 of the Deed Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod set for corner in the South right of way line of McKinney Street (Farm Market No. 426, variable width right of way), called 40 feet from the centerline at this point, some being the North line of said Landy Mulkey 64.584 acre tract, which is North 82' 20' 27" West at a distance of 351.58 feel from its Northeast corner, some now being the Northeast corner of Lot 1 in Block A of the Putt —Putt Golf Addition, an addition to the City of Denton, Texas, according to the plot thereof recorded in Cabinet "H" at Slide 147 of the Plat Records of Denton County, Texas, said point of beginning also being the Northwest corner of Knollwood Villas, an addition to the City of Denton County, Texas, according to the plat thereof recorded in Cabinet "U" at Slide 902 of the plat Records of Denton County, Texas; THENCE South 07' 40' 01" West (Basis of Bearings per plat recorded in Cabinet "U" at Slide 902 of the Plat Records of Denton County, Texas) and departing the South right of way line of said McKinney Street , and passing at a distance of 19.57 feet the Northwest corner of Lot 2 in Block A of said Knollwood Villas, and continuing along the West line of said Lot 2 in Block A of Knollwood Villas for a total distance of 167.57 feet to a 5/" iron rod set for corner; THENCE North 82' 20' 27" West and deporting the West line of said Lot 2 for a distance of 145.00 feet to a 5/8" iron rod set for corner; THENCE North 07' 40' 02" East for a distance of 167.57 feet to an "X" set in concrete for corner in the South right of way line of said McKinney Street, said point also being South 82' 20' 27" East at a distance of 200.18 feet from the Northwest corner of said Landy Mulkey 64.584 acre tract; THENCE South 82' 20' 27" East along the South line of said McKinney Street and the North line of said Lundy Mulkey 64.584 acre tract for a distance of 145.00 feet to the POINT OF BEGINNING AND CONTAINING 0.5578 ACRES OF LAND, more or less. FLOOD NOTE: According to the Federal Emergency Management Agency — Federal Insurance Administration — National Flood Insurance Program — Flood Insurance Rate Map — F.I.R.M. — for the City of Denton, Denton County, Texas — Community Panel No. 48121CO380 E. effective date April 02, 1997: the property shown hereon does not lie within on area of 100—year flood. CERTIFICATION The plot hereon is a true, correct and accurate representation of the properly as determined by survey, made on the ground, this date, subject to any and all easements, reservations or restrictions that may by of record, the lines and dimensions of said property being as indicated by the plot; the size, location and type of buildings and improvements are as shown, all improvements being within the boundaries of the property, set back from the property lines the distances indicated and that the distance from the nearest intersecting street or road is as shown on said plat. There ore no encroachments, conflicts or protrusions, except as shown. PRELIMINARY: MAY 27, 2004 ------------------------------------- David Petree, RPLS Registered Professional Land Surveyor No. 1890 r 9d`£a.ia`'aai]4� 6 �a 11' Q Ndlsausens lgA1 , ,y , wcaae�e�.®®ma>•w agar atlaap g'°Q, lQ lEi 1 9 a��.twnA.owwwawlos ! Q 6tl39NIalA 1aJ@HNNdIMD •'WJ JIOIffINmNOa 1�g11'IF e ,� '.�'etl33QLtp11�OQlLLVIBQq'J 9V1VOd N350//OI./dYD!/7 1@ a pill Exhibit B °