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S20-0010cORDINANCE NO. S20-OOI OC AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO ALLOW FOR A BAR, TAVERN, OR LOUNGE USE ON APPROXIMATELY 0.451 ACRES OF LAND, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF STROUD STREET AND SOUTH ELM STREET IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (S20-0010c, 400 S ELM BAR USE) WHEREAS, Michael Roberts of Horse’s Axe, LLC, on behalf of the property owner, has applied for a Specific Use Permit (“SUP”) to allow for a Bar, Tavern, or Lounge use on approximately 0.451 acres, within the Mixed-Use Neighborhood (MN) zoning district and use classification, as described and shown in Exhibit “A” (hereinafter, “the Property”); and WHEREAS, on January 20, 2021, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, gave the requisite notices by publication and otherwise, and afforded full and fair hearings to all property owners interested in this regard, recommended approval 6-0 of the requested SUP subject to the site plan attached as Exhibit “B”; and WHEREAS, on March 16, 2020, the City Council finds that the request meets and complies with all substantive and procedural standards set forth in Section 2.5.2 of the Denton Development Code (“DDC”), and is consistent with the Denton Plan and the DDC. Applicant has agreed to comply with the additional restrictions and conditions set forth herein; and; WHEREAS, the City Council of the City of Denton has determined that it will be beneficial to Denton and its citizens to grant the SUP; and such grant will not be detrimental to the health, safety, morals, and general welfare of the City of Denton, and that the SUP should be granted as set forth herein; 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. The SUP to allow the Bar, Tavern, or Lounge use on the Property as shown on the Site Plan attached and incorporated herein as Exhibit “B,” is hereby approved, subject to the use-specific standards of the DDC, as amended, and the following conditions: A. The sale and consumption of alcohol shall be limited to the interior of the building. B. Alcohol sale and service will be limited to beer and wine, and will not include hard liquor. 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 this 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 runs with the land, and is assignable and transferable to subsequent owners of the Property. 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 the DDC SECTION 5. Unlawful use. It shall be unlawful for any person, firm, entity, or corporation to make use of the Property in some manner other than as authorized by the DDC, Code of Ordinances, and this ordinance. SECTION 6. 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. 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 the City of 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. SECTION 8. In compliance with Section 2.09(c) of the Denton Charter, 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. Page 2 of 3 The motion to approve this ordinance was made by le5se Phat S and seconded by 3c>hA By W ; the ordinance was passed and approved by the following vote U - b : Aye \/ Nay Abstain Absent Gerard Hudspeth, Mayor: Birdia Johnson, District 1 :V Connie Baker, District 2:\/ -V‘ V‘ Jesse Davis, District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 :\/ \/Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the lb+M-day of N\dLR/202 1 UmfN ATTEST: ROSA RIOS, CITY SECRETARY boy tIjl III// M _/#2/2‘ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY Digitally signed by Mack JX'„Lt.,kBY:„„DReinwand Date: 2021.03.11 00:05:00 -06'OO' Page 3 of 3 EXHIBIT A LEGAL DESCRIPTION Being Lot 2A, Block 26, ORIGINAL TOWN OF DENTON, an Addition to the City of Denton, Denton County, Texas, according to the Replat thereof recorded in Cabinet E, Page 95, Plat Records, Denton County, Texas; and having the address 400 South Elm Street, Denton, Denton County, Texas, and Denton Central Appraisal District Property ID 115548. EXHIBIT B VAM_BEnnmMm SUb ian rtMmam[FIUsH Emma!RWliB Proposed: • Stripe 6 parkin8spoes at south end of lot. • Convert two parkIng spaces in the center of the bt (dosest to the front doors), into one ADA partirUSWce. • Keep Bash dumpster Irl current london at theSE carne of the propertY. $ CO i : g gi 9 b A g E 8 g g: g= gil ;:[] Landscape area LOT LAYOUT IBFu%£%mtgMP iWajARnMC CALLED NORTH KWaN A 7-22-ao1. AF'YII DIIS tHAT-TV SHEET PH.0 TO SET.IPKI . o OF 1 a0LL C/)Z0I P < (9Za 3 DO (9ZF C/) [< LU THROWING BILLARDS C)-J--1Z0b-Z LUa LU g C/) rl 1 C/)a(0= F i ;MT–STR–=A REGENCY MODEL i # 600B11014 ! a Ice Machine. Manitowoc model H '– UYF-0140A !g a OUTSIDE CANOPY + 1[XAE1(A LI W5] 3- bay RefrigeratorJevea©Wt+node}# MMR66HC-1-B [] Bar seating areas Future Kegeratars. Will not be purchased unless we gain approval through the SUP and Beverage.Air DD94HC-1-B, receive a license from TABC. Model: [QUFPM ENT LAYOUT REVISION A 7–22–20 1- g8AF86B/EH\NLX#85T Project numbe 520-0010 SHEET Ml CALLED NORTH SCALE:1/4” = 1’–O” 2- ADDED SCHEDULE FOR UNDER–BAR EQUIPMENT 3. LABEL EQUIPMENT ON FLOOR PLAN. REVISION A 8–10–20E groEQUIPMENT LAYOUT A3. 0 OF 3