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2005-351S:\Our Documents\Ordinances\05\S05-0001 Am ORDINANCE NO. 2,005-06-1 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A DRIVE-THROUGH FACILITY ON APPROXIMATELY 0.904 ACRES OF LAND, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF SUNDOWN BLVD. AND TEASLEY LANE, LOCATED WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT AND IS PLATTED AS LOT 1, BLOCK B SUNDOWN RANCH COMMERCIAL LOTS IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING A SEVER-ABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, AND PROVIDING AN EFFECTIVE DATE. (505- 0001) WHEREAS, G&A Consultants, Inc. has applied for a specific use permit for a drive-through facility for Northstar Bank within a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation, on approximately 0.904 acres, generally located at the southeast corner of Sundown Blvd. and Teasley Lane, and is platted as Lot 1, Block B, Sundown Ranch Commercial Lots. WHEREAS, on October 26, 2005, having found that the approval criteria of Sections 35.3.4.B.e and 35.13.11 of the Denton Development Code had been satisfied, the Planning and Zoning Commission recommended approval of the specific use permit for a drive-through facility; 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 1. 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. 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 4. 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 5. 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 16 day of 2005 (~f aj A*'-4L EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY B EDWIN M. SNYDER. CITY ATTORNEY PAGE 2 APPROVED AS TO LEGAL FORM: EXHIBIT A G! ! n nLM - RN(1 (1YMI (iMU, LOTS I ~ ~ ~ ON[0 NeMN ISq~NDOWN BLVD Ic 50,39", ic- sari / I - 2 ~ e Il '.t H ~ e! W ~/1 J t S \Q ~ b!~ y..h, F I ~ I } I III I x 4 a / `f 1 + e hb 4T i - _ \ J~l 4,~ I ' f~• Proposed One Story I ! LLl i Lk€L"gjl J ( 5570 SF Bonk Building r+ In I FF 652 0 I Q 1 L"1 712 k t I ~ ~ I ~ ~ ~ ~ ~ C4:1_•J N9MU ~ ~ 1p ~ , F • ~k III ~ a:.. I '~b w. I-'-I,, H~ •~s I ~ _ IIUv _ _ IR r! .n 8i - I I~U. I' 1 UNf.CNfl RA4C )NM 'A: ) ' ,A Cnp W VG H Gll.(:.` C I ~I , CI NEL NRIAU ev, PAGE 3