2003-110O ANCE NO. OF -i//9
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A DRIVE-THRU FOR A PHARMACY ON APPROXIMATELY 1.7 ACRES OF
LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF TEASLEY LANE (FM
2181), LILLIAN MILLER PARKWAY AND WIND RIVER LANE, WITHIN A
NEIGHBORHHOD 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, A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE. (Z03-0007)
WHEREAS, Robert Baldwin, on behalf of CVS Pharmacy, has applied for a specific use
permit to allow a drive-thru for a pharmacy on approximately 1.7 acres land generally located at the
southwest comer of Teasley Lane (FM 2181 ), Lillian Miller Parkway and Wind River Lane which is
more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the
"Property"), within a Neighborhood Residential Mixed Use (NRMU) zoning district classification
and use designation; and
WHEREAS, on March 26, 2003, the Planning and Zoning Commission recommended
approval of a Specific Use Permit for a drive-thru for a pharmacy; and
WHEREAS, the City Council finds that the Specific Use Permit is consistent with the
Denton Plan; and
WHEREAS, in accordance with Section 35.6.5 of the Development Code, the City Council
finds that all of the following conditions exist:
The use is in conformance with all the standards within the zoning district in which
the use is proposed to be located, and in conformance with the Denton Plan and
federal, state, or local law; and
The drive-thm for a pharmacy 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 estabhshment of the drive-thru for a pharmacy 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 by reference.
SECTION 2. A specific use permit is hereby granted to allow a drive-thru for a pharmacy
on the Property within aNeighborhood Residential Mixed Use (NRMU) zoning district classification
and use designation, subject to the following conditions:
All development on the Property shall be in accordance with the approved Site Plan
on file in the City of Denton Planning Department, a copy of which is attached hereto
as Exhibit "B" and made a part hereof by reference. The sidewalk design shown on
the Site Plan is not approved and is for pictorial purposes only.
2. The drive thru shall be limited to pharmacy use.
SECTION 3. 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 4. 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 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 o fDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the
~day of ~d//~ ,2003.
t
EULINE BROCK, MAYOR
PAGE 2
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPR~o~E~ A~d~O L~GAL F~RM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~
PAGE 3
EXHIBIT "A"
Marshall Lancaster & Associates, Inc.
Consultin~l Land Surveyors
oommarelai, retail and Industrial conatructlon aurvaylng · lanri title surveys · topography · subdlvlalon platting
1864 North Norwood Dr;va, Suite E, Hurst, TX 76054
metro(B17)268-8000 fax(817)282-2231 www. mla-survev.com
PROPOSED CVS TRACT
LEGAL DESCRIPTION
ALL THAT CERTAIN TRACT OR PARCEL OF LAND BEING SITUATED IN THE C. POULALLIER SURVEY,
ABSTRACT NO. 1006. CITY OF DENTON, DENTON COUNTY, TEXAS, BEING A PORTION OF TRACTS ONE AND
TWO OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO ALEXANDER MANAGEMENT, L.L.C. AND E.
E. ALEXANDER FAMILY LIMITED PARTNERSHIP, RECORDED AS DOCUMENT NUMBER 97-R0002633, DEED
RECORDS, DENTON COUNTY, TEXAS, PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT TWO, SAID POINT BEING ON THE SOUTHERLY
RIGHT OF WAY LINE OF TEASLEY LANE AND WESTERLY RIGHT OF WAY LINE OF LILLIAN MILLER PARKWAY;
THENCE ALONG THE EASTERLY LINE OF SAID TRACT TWO AND SAiD WESTERLY LINE OF LILUAN MILLER
PARK~NAY, SOUTH 01 DEGREES 04 MINUTES 17 SECONDS EAST A DISTANCE OF 297.50 FEET;
THENCE NORTH 8g DEGREES 49 MINUTES 26 SECONDS WEST A DISTANCE OF 252.§0 FEET;
THENCE NORTH 01 DEGREES 04 MINUTES 17 SECONDS WEST A DISTANCE OF 297.50 FEET, TO THE
NORTHERLY UNE OF SAID TRACT ~NO AND THE SOUTHERLY RIGHT OF WAY LINE OF SAID TEASLEY LANE;
THENCE ALONG SAID NORTHERLY LINE OF TRACT TWO AND SAID SOUTHERLY RIGHT OF WAY LINE, BOUTH
89 DEGREES 49 MINUTES 26 SECONDS EAST A DISTANCE OF 252.50 FEET TO THE POINT OF BEGINNING,
CONTAINING 1,724 ACRES, OR 75,103 SQUARE FEET OF LAND, MORE OR LESS.
BEARINGS CITED IN THIS DESCRIPTION ARE BASED ON THE EAST LINE OF TRACT TWO OF
DOCUMENT NO. 97-R0002533, DEED RECORDS, DENTON COUNTY, TEXAS, DESCRIBED THEREIN
AS: S 0'1 DEGREES 04 MINUTES t7 SECONDS EAST.
"Preliminary. this document shall not be recorded for any Duraoss."
Marshall Lancaster, RPLS 4873
March 03, 2003
EXHIBIT "B"
, )
i
Im I I !1