2009-327
sAour documents\ordinances\09\s09-0005 taco bell.doc
ORDINANCE NO. 32'I
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT TO ALLOW A DRIVE-THROUGH FACILITY ON APPROXIMATELY 0.821 ACRES
OF LAND, GENERALLY LOCATED AT 701 FORT WORTH DRIVE, AND SITUATED IN THE
ALEXANDER HILL SURVEY, ABSTRACT NO. 623, IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; PROVIDING FOR A PENALTY IN MAXIMUM AMOUNT OF
$23000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (S09-
0005)
WHEREAS, Taco Bell of America/Taco Bell has applied for a Specific Use Permit to allow a
drive-through facility on approximately 0.8213 acres of land located at 701 Fort Worth Drive, and is
more particularly described in Exhibit "A", attached hereto and made a part hereof by reference (the
"Property"), and
WHEREAS, on December 9, 2009, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommended approval of the requested Specific Use Permit; and
WHEREAS, the City Council finds the change in zoning is consistent with the
Comprehensive Plan and with Section 35.13.11 of the Denton Development Code; NOW.
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the recitals of this ordinance are
incorporated herein by reference.
SECTION 2. A Specific Use Permit to allow a drive-through facility is hereby approved for
the Property.
SECTION 3. The Specific Use Permit Site Plan attached hereto and incorporated herein as
Exhibit "B", is hereby approved as a condition of the permit.
SECTION 4. 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 other
provisions or applications, and to this end the provisions of this ordinance are severable.
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 6. 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
~r
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 day of , 2009.
y
f
ARK OtrT S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
A
APPROVED AS TO LEGAL FORM:
ANITA BURGGESS,CITY ATTORNEY
CBY:
i
Exhibit A
PROPERTY DESCRIPTION
BEING -z tract of land situated" iti. the Alexander :Hill- Survey, Absitact" No, 623, being a portion of Lot
1R,.B.Iack !,_Eagle Point. .Shopping,Center Addition, an Additi.on.in the-City of Denton, Texas according
to the Plat thereof recorded iri. Cabinet Slide 272
R, . , . (Document No. 00-R0020396), Official Records;
Denton County; Texas and .being -&,portion of that certain tract.of land conveyed. to Locust:Fort Worth,
.LLC by Special Warranty Reed recorded in :Document No. 20.06-133804,: Official .Records, Denton
County, Texas .and being snore. particularly described -as-follows:
COMMENCING at a 1/2 .inch ironrod found for'wrin"er in:tlie Easterly ROW:line of U. S:. Highway No.
377 (Fort 'Worth Drive : a 150` R.O , said.i:ron rod also being
at the most Northerly_ y Southwest corner
of said Lot I R, Block 1 andAhe Northwest comer of L. of i :Block- A, . Compasi Dank Addition, recorded.
in Cabinet X, Page 620, Official Records, Denton County, Texas;
THENCE along the Easterly,ROW liiae of U. . ,Haigh. vay No. 377 (Fo t Worth Drive) ax d'the'Vti esterl:y
line-oaf said Lot .1R, Block 1, the following bearings and. distances:
North. 2.6degrees 21 'i:nutes:0.0 seconds East; a. distance of 209:'1.1,'-€eet to a 1./2 :inch iron rod'.'found for
angle point;:
North. 24- degrees: 56 -Minutes .09 seconds=East, a distance of ~53.59 feet to a 112 inch iron -rod..found.for
angle point; , .
North 25 degrees 22 minutes.::.1.8 seconds East, a :distance of 5.32 feet-to a 1/2 'inch iron rod set at the
TRUE .PLACE- OF BEGU G;
North 25 degrees 22 minutes 18 seconds East, a distance of 1441.53 feet-to a 1/2 inch iron rod set.for angle
point;
North;21 degrees 56 minutes. 11 seconds .East, a distance;af.l 78.feet to a 112 inch :iron. rod-.set for corner;
T.*F[ENCE r South 64 .degrees 37 minutes 42 seconds East, departing the Easterly ROW fine:. of U. S.
Highway No. 377 (Fort Worth,-Drive) and the Westerly line of.said'Lot IR, Block 1., a distance.of 2.17J2
feet to across set.:for cornier;
T:148NUE: South OU degrees 33 .minutes 18 seconds East, a distance of 141.:75 feet to a cross set for
cornef;'
THENCE: South 89 degrees 14 minutes 52 seconds West,..a. distance of 35.95 feet-to a cross set-for amyle
p aiant:;
THENCE: North 64 degrees 37minutes 42'. 8 West, a distance of 246.7`1 feet-to the TRUE PLACE
OF BEGINNING and containing 35;777 square feet: orQ.82-1 acres of land:
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