2008-117s:\our documents\urdinances\Og\s07-0017 odmance.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT TO ALLOW A DRIVE THROUGH FACILITY IN CONJUNCTION WITH A
CONVENIENCE STORE, ON APPROXIMATELY 0.611 ACRES OF LAND, GENERALLY
LOCATED ON THE SOUTHWEST CORNER OF LOCUST STREET AND ELM STREET, AND
LEGALLY DESCRIBED AS A TRACT OF LAND IN THE BBB & C RAILROAD COMPANY
SURVEY, ABSTRACT NO. 186, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (S07-0017)
WHEREAS, Salman Arab, has applied for a Specific Use Permit to allow a drive through
facility in conjunction with a convenience store on approximately 0.611 acres of land, generally
located on the southwest corner of Locust Street and Elm Street and is more particularly described in
Exhibit "A" attached hereto and made a part hereof by reference (the "Property"); and
WHEREAS, on April 23, 2008, 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 that the.change is consistent with the Denton Plan and the
Development Code, specifically finding that the requirements of §35.6.4 and 35.13.11 are satisfied
by the proposal when conditioned by the Site Plan attached as Exhibit "B"; 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 as true.
SECTION 2. A Specific Use Permit to allow a drive through facility in conjunction with a
convenience store is hereby approved for the Property, subject to the following conditions:
1. The hours of operation of the drive through facility be limited to 6:00 pm to 11:00 pm
on Sunday through Thursday, and from 6:00 pm to 12:00 am on Friday and Saturday
evenings.
2. The applicant will provide a 6 foot tall wooden fence along the southern boundary
of the property to replace the chain link fence currently separating the convenience
store from the single family structure to the south.
SECTION 3. The Specific Use Permit Site Plan attached hereto and incorporated herein as
Exhibit "B", is hereby approved, as an additional 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.
s:Aoui documems\ordinaneesV08\s07-0017 u'dinance.doc
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
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 the .-J ay of 0ML 12008.
(340e4'#
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY .
i u
APPROVED AS TO LEGAL FORM:
s:\our doeurrenL9\ordinances\08\s07-0017 ordinance.doc
EXHIBIT A
LEGAL DESCRIPTION
STATE OF TEXAS:
COUNTY OF DENTON:
BEING a tract of land situated in the B.B.B. & C. Railroad Company Survey, Abstract No. 186, Denton
County, Texas, and being all of a tract of land conveyed to Thomas J. Colven, BI, Trustee, as recorded in
M 2004-63814, Deed Records, Denton County, Texas, and being more particularly described by metes
and bounds as follows:
BEGINNING at a VP yellow capped iron rod found for comer in the South right of way line of F.M. 2164,
at the Northwest comer of said Colven tract, and said point being at the most Northerly Northeast comer of
a tract of land conveyed to B. Lamar Ball, JR,, Trustee, as recorded in CC# 95-003559, Deed Records,
Denton County, Texas-,
THENCE North 89 degrees 28 minutes 42 seconds East along the South right of way line of said F.M. 2164,
a distance of 220.00 feet to a X set for comer,
THENCE South 02 degrees 07 minutes 20 seconds Fast near the centerline of N. Locust Street, a distance of .
122.30 feet to a `X' set for comer,
THENCE South 89 degrees 59 minutes 57 seconds West along the North line of a tract of land conveyed to
Oran G. Reaves Jr. as recorded in CC# 04-64351, Deed Records, Denton County, Texas, a distance of
150.15 feet to a iron rod found for comer,
THENCE North 89 degrees 39 minutes 20 seconds West along the most Southerly North line of said Ball
tract, a distance of 69.85 feet to a'll' yellow capped iron rod found for comer,
THENCE North 00 degrees 22 minutes 27 seconds East along an East line of said Ball tract, a distance of
17.00 feet to a 1/2" iron rod set for comer,
THENCE North 02 degrees 34 minutes 49 seconds West along an East line of said Ball tract, a distance of
102.90 feet to die PLACE OF BEGINNING and containing 0.61 of an acre or 26,611 square feet of land.
PAGE 3
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EXHIBIT B
SITE PLAN
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