2004-202ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A DRIVE-THROUGH FACILITY ON APPROXIMATELY 0.72 ACRE OF LAND
GENERALLY LOCATED ON THE EAST SDE OF LILLIAN MILLER PARKWAY,
APPROXIMATELY 170 FEET NORTH OF WIND RIVER LANE AND APPROXIMATELY 100
FEET WEST OF LAKE FORK CIRCLE, W1THIN 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 FORAN EFFECTWE DATE. (Z04-0021)
WHEREAS, Kwik Industries has applied for a specific use permit for a drive-through facility
within a Neighborhood Residential Mixed Use zoning district classification and use designation on
approximately 0.72 acres of land 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, as more particularly described as Lot 1, Block A of the Wind River Estates Addition, an
Addition to the City of Denton, Texas (the "Property"); 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 hereby approved on the Property to allow a drive-through
facility within a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use
designation, subject to the following conditions:
1. There shall be an eight-foot masonry fence constructed on the Property along the
northern perimeter of the Property and a six-foot masonry fence constructed along the
eastern perimeter of the Property between the Property and residential uses and
residential zoning districts in accordance with Subchapter 35.13.8 of the Denton
Development Code.
2. The architecture of the structure shall be consistent with surrotmding structures and the
elevation and construction materials of the structure and roof pitch shall be similar to the
photograph attached hereto and made a part hereof as Exhibit "A". However the color of
the structure shall be compatible with other retail buildings in the area. The air
conditioning units shall be concealed by the pitched roof.
3. Illuminated sign will be recessed into the building.
4. Existing live oak trees along fence line and Property will be preserved, if possible.
5. Landscaping will resemble existing landscaping present on CVS site.
6. A stop sign will be erected at the exit of the site.
7. The drive- through facility hours shall not exceed 7 a.m. to 7 p.m. each day.
8. Development and operation of the drive-through facility shall be in accordance with the
site plan and landscape plan on file in the City Planning Department, a copy of which is
attached hereto and made a part hereof as Exhibit "B".
SECTION 3. Notwithstanding the description of the Property, the property being rezoned
includes all property to the centerline 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
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 5. This ordinance shall become effective fourteen (14) days from the date of its
PAGE 2
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,~/~ay of ~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
PAGE 3
Exhibit A
4!
Exhibit B
Page 1
Exhibit B
Page 2
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