2004-200FILE REFERENCE FORM I 2004-200 ]
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Amended by Ordinance No. 2005-101 03/22/05 Jl~.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A DRIVE-THROUGH FACILITY ON APPROXIMATELY 0.56 ACRE OF LAND
GENERALLY LOCATED SOUTH OF MCKINNEY STREET AND APPROXIMATELY 900
FEET WEST OF LOOP 288, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE
(NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR
A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE.
(Z04-0020)
WHEREAS, Mitchell Planning Group, L.L.C. has applied for a specific use permit for a
drive-through facility for a restaurant within a Neighborhood Residential Mixed Use zoning district
classification and use designation on approximately 0.56 acre of land generally located south of
McKinney Street and approximately 900 feet west of Loop 288, as more particularly described in
Exhibit "A' attached hereto and made a part hereof by reference (the "Property"); and
WHEREAS, the proposed site plan for the specific use permit is on file in the offices of the
Planning Department, a copy of which is attached hereto and made a part hereof as Exhibit "B" (the
"Site Plan"); and
WHEREAS, on June 23, 2004, the Planning and Zoning Commission recommended
approval of a Specific Use Permit for a drive-through facility; and
WHEREAS, the City Council finds that the Specific Use Permit is consistent with The
Denton Plan; and
WHEREAS, in accordance with Subchapter 6 of the Development Code of the City of
Denton, Texas, the City Council finds that all of the following conditions exist:
The drive-through facility will be compatible with and not injurious to the use and
enjoyment of other property nor significantly diminish or impair property values
within the immediate vicinity; and
The establishment of the drive-through facility will not impede the normal and
orderly development and improvement of surrounding property; and
Adequate utilities, access roads, drainage, and other necessary supporting facilities
have been or will be provided; and
The design, location, and arrangement of all driveways and parking spaces provides
for the safe and convenient movement of vehicular and pedestrian traffic without
adversely affecting the general public or adjacent developments; and
Adequate nuisance prevention measures have been or will be taken to prevent or
control offensive odor, fumes, dust, noise, and vibration; and
Directional lighting will be provided so as not to disturb or adversely affect
neighboring properties; and
There is sufficient landscaping and screening to ensure harmony and compatibility
with adjacent property; 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.
SECTION 2. A specific use permit is hereby granted for the Property to allow a drive-
through facility for a restaurant within a Neighborhood Residential Mixed Use (NRMU) zoning
district classification and use designation, subject to the following conditions:
a. The drive-through facility shall be as provided in the Site Plan.
b. An access easement for the connection between the Property and the driveway to the
east must be provided prior to final plat approval.
SECTION 3. Notwithstanding the description of the Property, the property being rezoned
includes all property to the centefline of all adjacent street rights-of-way.
SECTION 4. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be
fmed 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 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 tT~l:tay o f ~~ , 2004.
EULINE BROCK, MAYOR
PAGE 2
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~~
PAGE 3
Exhibit A
SURVEY PLAT
TO ALL PARTIES INTERESTED IN PREMISES SURVEYED:
This ~s to certify that I hove, this dote, mode (~ careful end accurate
survey on the ground of the following described property:
SURVEY PLAT
TO ALL PARTIES INTERESTED IN PREMISES SURVEYED:
This ;s to certify that I hove, this dote, mode o careful end accurate
survey on the ground of the following described property:
BEING oil that certain lot, tract or parcel of lend situated in the M.
Yoochum Survey, Abstract No. 1442, in the C~ty of Denton, Denton County,
Texas, end being port of the 64.584 acre property described in Tract 1
conveyed to Londy Mulkey by deed recorded in County Clerks File Number
97-ROO2g089 of the Deed Records of Denton County, Texas, end being
more particularly described by metes end bounds os follows:
BEGINNING at o §/8" iron rod set for corner in the South right of way
line of McKinney Street (Form Market No. 426, vcrioble width right of
way), celled 40 feet from the centerline et this point, some being the
North llne of said Londy Mulkey 64.§84 acre tract, which is North 82' 20'
27" West et o dlstence of 5.51.58 feet from ~ts Northeast corner, some
now being the Northeast corner of Lot 1 in Block A of the Putt-Putt Golf
Addition, on oddlt[on to the City of Denton, Texas, according to the plot
thereof recorded in Cabinet "H" et Slide 147 of the Plot Records of
Denton County, Texas, said po~nt of beginning clso being the Northwest
corner of Knollwood Villas, on addition to the City of Denton County,
Texas, according to the plot thereof recorded ~n Coblnet "U" et SI;de 902
of the plot Records of Denton County, Texas;
THENCE South 07' 40' 01" West (Basis of Bearings per plot recorded ~n
Cabinet "U" et Sllde 902 of the Plot Records of Denton County, Texas)
end deporting the South right of way line of said McKinney Street , end
posslng et o d~stonce of 19.57 feet the Northwest corner of Lot 2 in
Block A of said Knollwood Villas, end continuing along the West llne of
so~d Lot 2 in Block A of Knollwood V~llos for o total dlstonce of 167.57
feet to o 5/" iron rod set for corner;
THENCE North 82' 20' 27" West end deporting the West line of so~d Lot 2
for o d~stonce of 145.00 feet to o 5/8" iron rod set for corner;
THENCE North 07° 40' 02" East for o d~stonce of 167.87 feet to on "X"
set in concrete for corner in the South right of way line of sold McKinney
Street, said point else being South 82' 20' 27" East et o dlstence of
200.18 feet from the Northwest corner of said Londy Mulkey 64.884 acre
tract;
THENCE South 82' 20' 27" East along the South I~ne of sold McKinney
Street end the North llne of said Londy Mulkey 64.564 acre tract for o
distance of 145.00 feet to the POINT OF BEGINNING ANO CONTAINING
0.5578 ACRES OF LANe, more or less.
FLOOD NOTE:
According to the Federal Emergency Management Agency - Federal
Insurance Administration - Notional Flood Insurance Program - Flood
Insurance Rote Mop - F.I.R.M. - for the City of Denton, Denton County,
Texas - Community Panel No. 48121C0380 E, effective dote April 02,
1997: the property shown hereon does not lie within on oreo of
lO0-yeor flood.
CERTIFICATION
The plot hereon is o true, correct and accurate representation of the
property os determined by survey, mode on the ground, th~s dote, subject
to any and all easements, reservotlons or restHctlons that may by of
record, the lines end dlmens~ons of said property being es indicated by
the plot; the size, Iocotlon and type of buildings end improvements ore os
shown, oll improvements being within the boundorles of the property, set
bock from the property lines the distances indlcoted end that the distance
from the nearest intersecting street or rood is os shown on sold plot.
There ore no encroachments, conflicts or protrusions, except os shown.
PRELIMINARY: MAY 27, 2004
David Petree, RPLS
Registered Professlonol Lend Surveyor No. 1890
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Exhibit: B