Loading...
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 il,~.H !_ltl ~,x !~11~1 i!il ]~ ' iii ~'