2008-120s.Aour documents\ordinancesV08\s07-001 9.doc
ORDINANCE NO. C~I'W_ 161~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT TO ALLOW A DRIVE THROUGH ASSOCIATED WITH A BANK ON
APPROXIMATELY 3.185 ACRES OF LAND, GENERALLY LOCATED AT THE
NORTHEAST CORNER OF CARROLL BOULEVARD AND EAGLE DRIVE, AND
LEGALLY DESCRIBED AS LOT 1, BLOCK A OF THE MYRTLE STREET ADDITION,
AND PARCELS 161, 162, 163, 164, 165, 166, 167, 180, AND 181 OF THE W. LOVING
SURVEY (ABSTRACT 759), IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, SEVER-ABILITY AND AN EFFECTIVE DATE. (S07-0019)
WHEREAS, Spring Brook Planning Group, has applied for a Specific Use Permit to
allow a drive through on approximately 3.185 acres of land, generally located at the northeast
corner of Carroll Boulevard and Eagle Drive, and 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 associated with a bank on
the Property, is hereby approved.
SECTION 3. The Specific Use Permit Site Plan attached hereto and incorporated herein
as Exhibit "B", is hereby approved for the Property 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
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 O~lday of , 2008.
~2~0 j rn7o
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By
I
APPROVED AS TO LEGAL FORM:
s:Aoor documents\ordinanccsV09\s07-0019.doc
EXHIBIT A
LEGAL DESCRIPTION
Being all that certain lot, tract, or parcel of land situated in the William Loving Survey
Abstract Number 759 in the City of Denton, Denton County, Texas, being all that certain
tract of land conveyed by deed to 518 Acme Ltd recorded under Document Numbers
2007-56544, 2007-56545, 2007-56548, 2007-56550 and 2008-6137, Real Property Records,
Denton County, Texas and being and being more particularly described as follows;
BEGINNING at an iron rod found for comer the west line of Myrtle Street, a public
roadway having a proposed right-of-way of 70.0 feet, said point being the southeast comer of
that certain tract of land conveyed by deed from RFMP ltd. To Camila Martinez recorded under
Document Number 2005-94711, Real Property Records, Denton County, Texas;
THENCE S 00° 17' 07' E, 159.97 feet with said west line of said Myrtle Street to an
iron rod set for comer,
THENCE S 89° 58' 09' E, 5.69 feet with said west line of said Myrtle Street to an iron
rod set for comer,
THENCE S 00° 01' 39' E, 163.93 feet with said west line of said Myrtle Street to an
iron rod set for comer said point being the northeast comer of that certain tract of land
conveyed by deed from Pablo Perez to Carlos Maze recorded in Volume 5289, Page
2888, Real Property Records, Denton County, Texas;
THENCE S 89 ° 58'39' W, 168.10 feet with the north line of said Maze tract to an Iron
rod found for comer, said point being the northwest comer of said Maze tract,,
THENCE S 00° 01'59'E, 76.45 feet with the west line of said Maze tract to an iron
rod set for comer in the north line of Eagle Drive, a public roadway having a variable
width right-of-way;
THENCE S 89° 59'08 - W, 212.48 feet with said north line of said Eagle Drive to an
iron rod found for comer,
THENCE NORTH, 23.66 feet with said north line of said Eagle Drive to an iron rod
found for comer,
s:Aour documents\ordinanccsV08\s07-0019.doc
THENCE S 89° 51' 16' W, 10.97 feet with said north line of said Eagle Drlve to an Iron
rod set for comer at a right-of-way flare;
THENCE N 44 ° 50'25N W, 42.20 feet with said tight-of-way flare to an iron rod set for comer
in the east line of Carroll Boulevard, a public roadway having a variable width right-of-way;
THENCE along Me arc of a curve to the left having a central angle of 04 ° 40'57, a
radius of 1985.62 feet, an arc length of 162.28 feet, whose chord beats N 02° 18'34
W, 162.23 feet with said east line of said Carroll Boulevard to an iron rod set for comer,
said point being the southwest comer of that certain tact ofland conveyed by deeed
from the City of Denton to Dale Irwin and Craig Irwin recorded under Document Number
2003-188966, Real Property Records, Denton County, Texas,
THENCE N 89° 46'54'E, 67.59 feet with the south line of said Irwin tract to an iron
rod found for comer, said point being the southeast comer of said Irwin tract;
THENCE N 00° 37"4r W, 69.77 feet with the east line of said Irwin tract to an iron
rod found for comer,
THENCE N 00 ° 47' 59' W, 69.13 feet with the east line of said Irwin tract to an iron
rod found for comer, said point being the southwest comer of that certain tract of land
conveyed by dead from Vivian Starr to David E. Heasley and wife, Kathleen Heasley
recorded in Volume 1325, Page 846, Real Property Records, Denton County, Texas;
THENCE N 87° 20'33' E, 179.34 feet with the south line of said Heasley tract to an
iron rod set for comer, said point being the southeast comer of said Heasley tract,
THENCE N 00 ° 54' 17" E, 12.82 feet with the east line of said Heasley tract to an iron
rod found for comer, said point being the southwest comer of said Martinez tract,
THENCE N 88° 54'05"E, 176.10 feet with the south line of said Martinez tract to the
PLACE OF BEGINNING and containing 3.185 acres of land.
EXHIBIT B