2015-326�M
ORDINANCE NO. 2015 -326
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT FOR A DRIVE - THROUGH FACILITY IN A DOWNTOWN
COMMERCIAL GENERAL (DC -G) AND USE CLASSIFICATION. THE
APPROXIMATELY .30 ACRE SITE IS GENERALLY LOCATED ON THE EAST
SIDE OF SOUTH CARROLL BOULEVARD AND APPROXIMATELY 130 FEET
SOUTH OF MAPLE STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (515 -0008)
WHEREAS, a request was made by Jerald Yensan to allow a Specific Use Permit
for a Drive - Through Facility use on approximately 0.3 acres of land known as Lot 2, Block
A of Carroll Park Place Two, Phase II in the City of Denton, Denton County, Texas, (the
"Property "); and
WHEREAS, the Property is within the Downtown Commercial General zoning
classification and use designation (DC -G); and
WHEREAS, after notice published, a public hearing was held before the Planning
and Zoning Commission in accordance with State law on September 2, 2015, whereby the
Planning and Zoning Commission recommended approval of the requested Specific Use
Permit; and
WHEREAS, after notice published, a public hearing was held before the City
Council in accordance with State law and the City Council hereby finds that the request is
consistent with the Denton Plan and federal, state, and local law and that the Applicant has
agreed to comply with all provisions of the Denton Development Code, as they exist, may
be amended, or in the future arising, including but not limited to, this Ordinance, and has
further agreed to comply with the additional restrictions and conditions set forth herein;
and
WHEREAS, the City Council has determined that it will be beneficial to Denton
and its citizens to grant the SUP; that such grant will not be detrimental to the public
welfare, safety, or health; and that the SUP should be granted; 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 and found to be true.
SECTION 2. SUP Granted. The Specific Use Permit (SUP) to allow a Drive -
Through Facility on the Property is hereby approved, subject to the following conditions:
1. The development must substantially conform to the proposed site plan (Exhibit A).
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2. The development must substantially conform to the proposed landscape plan
(Exhibit A).
3. The exterior of the proposed ATM kiosk and monument sign must be constructed
of similar building materials to those used on the existing adjacent bank facility,
including brick, stone, and stucco.
4. The exterior of the proposed ATM kiosk and monument sign must include similar
color pallet to the existing adjacent bank facility.
SECTION 3. Failure to Comply. Except as otherwise stated above, all terms of the
SUP shall be complied with prior to issuance of a Certificate of Occupancy. Failure to
comply with any term or condition of the Ordinance will result in the SUP being declared
null and void and of no force and effect. The SUP is issued to the entity named above and
is assignable and transferable.
SECTION 4. SUP Regulations. Upon notice to the property owner and a hearing
before the City Council, a SUP may be revoked or modified if:
1. There is one or more of the conditions imposed by this Ordinance that has not been
met or has been violated on the Property; or
2. The SUP was obtained or extended by fraud or deception; or
3. As otherwise permitted by law and /or Denton's Zoning Ordinance,
SECTION 5. Effective date of SUP. The SUP shall be effective from and after the
effective date of this Ordinance Upon termination of the SUP, the Property shall cease to
be used as provided herein unless another SUP or appropriate zoning has been obtained.
SwECTION 6. Unlawful use. It shall be unlawful for any person, firm, entity, or
corporation to make use of the above - referenced Property in some manner other than as
authorized by the Denton Code of Ordinances and this Ordinance.
SECTION 7. Penalty. Any person, firm, entity or corporation violating any
provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00
for each violation. Each day that a provision of this ordinance is violated shall constitute
a separate and distinct offense. The penal provisions imposed under this Ordinance shall
not preclude Denton from filing suit to enjoin the violation and it retains all legal rights
and remedies available to it under local, state and federal law.
SECTIwON 8, Severability. 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 the provisions or applications, and to this end the provisions of this
ordinance are severable.
SALegal \Our Documents \Ordinances \15 \S15 -0008 Final.docx
SECTION 9. Effective Date of Ordinance. This ordinance shall become effective
fourteen (14) days from the date of
fits 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 (his the 20 day ol',,., (�� ��......, 2015.
"ATTS, .......� ............. MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
ko
BY
S:\Legal\Our Documents\Ordinances\15\515-0008 Final.doex
Exhibit A
Site Plan and Landscape Plan
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