2007-007
S:\Our Documcnts\Ordinances\06\S06.0006.doc
ORDINANCE NO. 2007- OtJ'l
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT TO ALLOW A GROCERY STORE TO EXCEED A MAXIMUM OF 25,000
SQUARE FEET OF GROSS FLOOR AREA AND TO ALLOW A DRIVE-THROUGH
FACILITY ASSOCIATED WITH A PHARMACY ON APPROXIMATELY 11.84 ACRES OF
LAND, GENERALLY LOCATED ON THE SOUTHEAST CORNER OF HICKORY CREEK
ROAD AND TEASLEY LANE AND LEGALLY DESCRIBED AS A TRACT OF LAND
SITUATED IN THE BARRY MERCHANT SURVEY, ABSTRACT NUMBER 800, IN THE
CITY OF DENTON, DENTON COUNTY, TEXAS; SAID TRACT BEING PART OF THE '-..
WHEELER RIDGE PHASE FOUR, LOT IX, BLOCK BB; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING
A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (S06-0006)
WHEREAS, Regency Centers has applied for a Specific Use Permit to allow a grocery
store to exceed a maximum of25,000 square feet of gross floor area and to allow a drive-through
facility associated with a pharmacy:
WHEREAS, on December 6, 2006, 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; 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 by reference and found to be true.
SECTION 2. The Specific Use Permit Site Plan 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 affect the validity of the
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 $2,090.00. Each day that a provision of this ordinance .
is violated shall constitute a separate and distif\ct 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.
tit -,
PASSED AND APPROVED this the L day Of\~/dJtlLtlry ,2007.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPR ED AS 0 LEGAL FORM:
EDWIN M. SNYDER,_ClIYA TTORNEY
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