2008-118s:\our dncumenL%\ordinances\08\s08-0001.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'
PHARMACY, ON APPROXIMATELY 1.722 ACRES OF LAND, GENERALLY LOCATED ON
THE WEST SIDE OF TEASLEY LANE, APPROXIMATELY 1,200 FEET NORTH OF HICKORY
CREEK ROAD, AND LEGALLY DESCRIBED AS LOT 8, BLOCK I OF THE LEXINGTON
PARK, PHASE 2, 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. (S08-0001)
WHEREAS, Homeyer Engineering, Inc, has applied for a Specific Use Permit to allow a
drive through facility in conjunction with a pharmacy on approximately 1.722 acres of land,
generally located on the west side of Teasley Lane, approximately 1,200 feet north of Hickory Creek
Road, and more particularly described as Lot 8, Blockl of the Lexington Park, Phase 2 (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 35.13.1 1 are satisfied
by the proposal when conditioned by the Site Plan attached as Exhibit "A"; 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
pharmacy is hereby approved for the Property.
SECTION 3. The Specific Use Permit Site Plan attached hereto and incorporated herein as
Exhibit "A", 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.
s tom' dwumcnB\ordinances\08\s08-0001.doc
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 City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the 3 day of L Gem 2008.
PERP IVR. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY
APPR VED S TO LEGAL FORM:
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