2006-231
h ., .. S:\Our Documents\Ordinances\06\S06-0005.do:.:
ORDINANCE NO. 2~- 2.3/
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A SPECIFIC USE
PERMIT FOR A DRNE-THROUGH FACILITY ON APPROXIMATELY 0.72 ACRES OF
LAND, GENERALLY LOCATED ON THE EAST SIDE OF LILLIAN MILLER PARKWAY
APPROXIMATELY 170 FEET NORTH OF WIND RNER LANE AND APPROXIMATELY 100
FEET WEST OF LAKE FORK CIRCLE, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED
USE (NRMU) ZONING DISTRICT CLASSIFICTION AND USE DESIGNATION; AND IS
PLATTED AS LOT I, BLOCK A, WIND RNERESTATES PHASE I ADDITION IN THE CITY
OF DENTON, DENTON COUNTY, TEXAS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, AND PROVIDING AN EFFECTIVE DATE. (S06-0005).
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WHEREAS, The City of Denton has applied for an amendment for a specific use permit for a
drive-through facility for Kwik Dryclean Super Center within a Neighborhood Residential Mixed
Use (NRMU) zoning district classification and use designation, on approximately 0.72 acres,
generally located on the east side of Lillian Miller Parkway approximately 170 feet north of Wind
River Lane and approximately 100 feet west of Lake Fork Circle, and is platted as Lot I, Block A,
Wind River Estate Phase I Addition.
WHEREAS, on July 26,2006, having found that the approval criteria of Sections 35.3.3.C.
and 35.13.11 of the Denton Development Code had been satisfied, the Planning and Zoning
Commission recommended approval ofthe amendment ofthe specific use permit for a drive-through
facility with conditions; and
WHEREAS, the City Council concurs in the findings of the Planning and Zoning
Commission, and finds that the Specific Use Permit is consistent with the Denton Plan; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The findings and recitations contained in the preamble of this ordinance are
incorporated herein as true;
SECTION 2. The Specific Use Permit attached hereto and incorporated herein as Exhibit A
is hereby approved for the property described in the caption of this ordinance;
,
SECTION 3. The Specific Use permit)s hereby approved with the following conditions:
I. Trees will be planted and maintained across the eastern boundary ofthe property.
2. The existing retaining wall and fence on the property to the south will be extended along the
eastern boundary of the property. TheJence and retaining wall must be maintained.
3. The current wall between the dry cleaning building and the proposed parking area will be
removed and replaced with landscaped area. The landscaped area must be maintained.
SECTION 4. That 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, with each day of violation constituting 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 15thday Of~ ,2006
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: QrVU h;;hIM~, ad:
APPROVED AS TO LEGAL FORM:
EDWINM. S Y
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EXHIBIT A
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