HomeMy WebLinkAbout2003-325ORDINANCE NO. ,J U-4-9
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A DRIVE-THRU FACILITY ON APPROXIMATELY 8.3 ACRES OF LAND
GENERALLY LOCATED APPROXIMATELY ONE BLOCK SOUTH OF TEASLEY LANE AND
TO THE WEST OF FM 2181, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE
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. (Z03-0013)
WHEREAS, Denton Area Teachers Credit Union has applied for a specific use permit for a
drive-thru facility within a Neighborhood Residential Mixed Use zoning district classification and
use designation on approximately 8.3 acres of land generally located approximately one block south
of Teasley Lane and to the west of FM 2181, as more particularly described in Exhibit "A' attached
hereto and made a part hereof by reference (the "Property"); and
WHEREAS, on August 27, 2003, the Planning and Zoning Commission recommended
approval of a Specific Use Permit for a drive-thru 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 specific use 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 specific use 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;
Adequate capacity of infrastructure can and will be provided to and through the
subject property; and
The specific use is compatible with and will not have an adverse impact on the
surrounding area; 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 approved within a Neighborhood Residential
Mixed Use zoning district classification and use designation on the Property to allow a drive-thru
facility for a lending institution in accordance with the site plan attached hereto and made a part
hereof by reference as Exhibit `B".
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 City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the 74 day of , 2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
PAGE
APPROVED AS TO LEGAL FORM:
HERBERT L. PITY, UTY ATTORNEY
PAGE 3
GF Number: 122000809
Exhibit 'A'
BEING all that certain lot, tract or parcel of land situated in the C. POULLALIER SURVEY. ABSTRACT NUMBER 1006
in the City of Denton, Denton County, Texas, being a part of that certain tract of land conveyed by deed from Alexander
Management L. L. C. and E. E. Alexander Family Limited Partnership to Teasley Commons, Ltd., recorded in Volume 5320.
Page 2275, Real Property Records, Denton County, Texas and being more particularly described as follows•.
BEGTNNING at an iron rod set for corner in the West line of Teasley Lane, a public roadway having a right-of-way of 100.0
feet, the Southeast corner of Lot 1, Block A of Teasley Commons, an addition to the City of Denton, Donlon County, Texas,
according to the pint thereof recorded in Cabinet V, page 136, Plar Records, Denton County. Texas, bears Noah 89' 47' 28"
West, 17.50 feet
THENCE South Ole 02' 19" East. 125.28 feet with said West line of said Teasley Lane to an iron rod set for corner;
T!IENCE South 88° 44' 31" West, 294.64 feet 10 an iron rod set for comer;
TM-NCE North 24a 16' 2J" West, 131.36 feet to an iron rod set for corner;
THENCE North 88' 45' 25" East, 72.22 fens to an iron rod scl for corner;
THENCE North, 11.41 feet to an iron rod set for corner, said point being the Southwest corner of said Lot 1, Block A of said
Tensely Commons;
THENCE South 890 47' 28" East, 274.10 feet with the South line of said Lot 1, Block A of said Teasley Commons to the
PLACE OF BEGINNING and containing 0.939 acre or land.
NOTE: The Company is prohibited from insuring the area or quantity of the land described on Schedule A hereof. Any
statement in such legal description of the area or quantity of land is not a representation that such area or quantity is correct,
but is made only for information and/or identification purposes and does not override Item 2 of Schedule B hercol:
Commitment consists of 2
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