2003-325ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A DRIVE-THRU FACILITY ON APPROXIMATELY 8.3 ACRES OF LAND
GENERALLY LOCATED APPROXIMATELY ONE BLOCK SOUTH OF TEASLEY LANE AND
TO THE WEST OF FM 2181, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE
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. (Z03-0013)
WHEREAS, Denton Area Teachers Credit Union has applied for a specific use permit for a
drive-thru facility within a Neighborhood Residential Mixed Use zoning district classification and
use designation on approximately 8.3 acres of land generally located approximately one block south
of Teasley Lane and to the west ofFM 2181, as more particularly described in Exhibit "A' attached
hereto and made a part hereof by reference (the "Property"); and
WHEREAS, on August 27, 2003, the Planning and Zoning Commission recommended
approval of a Specific Use Permit for a drive-thru 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 specific use 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 specific use 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;
Adequate capacity of infrastructure can and will be provided to and through the
subject property; and
The specific use is compatible with and will not have an adverse impact on the
surrounding area; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The f'mdings and recitations contained in the preamble of this ordinance are
incorporated herein.
SECTION 2. A specific use permit is hereby approved within a Neighborhood Residential
Mixed Use zoning district classification and use designation on the Property to allow a drive-thru
facility for a lending institution in accordance with the site plan attached hereto and made a part
hereof by reference as Exhibit "B".
SECTION 3. Notwithstanding the description o f 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 sm 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 fi.om 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 pubhshed in the City of Denton,
Texas, within ten (10) days of the date of its passage.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
PAGE 2
APPROVED AS TO LEGAL FORM:
PAGE 3
Exhibit 'A'
BEING all that ce[thin lot, bract or parcel of land situated in the C. POULLAL~R SLPRYEY, ABSTRACT NLrMBER 1006
in [he City et' Denton, Demon County, Texas, being a part of thai certain tract of[and conveyed by deed from Alexander
Management L, L. C. and E. g, Alexander Falmly Limited Purtnorship to Teasley Commons, Ltd., recorded in Volamc 5320.
Page 2275, Real Property Records, Denton County, Texas and being more particularly described as follows:
BEGINNING at an iron rod set for corner in the West line of Tcadey Lane, a Dubl[c roadway having a tight-of-way of 100.0
feet, the Soulheast cofl~er o(' Lot 1, Block A of Tcasloy Commons, an addltinn m the City of DenTon, DentOn County. Texan,
according tO the plat thereof recorded in Cabinet V, Page 136, Plat Records, Denton Coumy, Texas, bears Nollh 89° 47' 28"
West. t7.50 feet;
TI'I~NGE South 01° 02' 19" East, 125.28 feet with said West line n/'said Toas[ey Lane to an iron rod set for corner;
Ti-IF..NCE South 88" 44' 3 I" We.it. 294.64 feet to an iron md set for comeT;
TF!~ENCE North 24° 16' 21 ~' West, [31.36 fee[ to an iron rod sol for corner;
THENCE North 88" 45' 25" East, 72.22 I'~e[ in an iron rod ~ut for comer;
TI't~NCE North, 11.41 feet (0 an iron l'od act for corner, said point being die Southwest corner of said Lot l, Block A of said
Teesely Commons;
THENCE South gg° 47' 25" East. 274,10 foot with thc South line of said Lot l. Block A of said Teasley Commons m the
PLACE OF BEGINNING and containing 0.939 acre of land.
NOTE; The Compan>, is prohibited from insuring the ~ca or quamity of tho land described on Schedule ^ hereof. Any
statement in such legal description of the area or quantity of land is not a representation that such area or quantity is correct,
but is made only lbr information and/or identification ptaposos and does not override [rem 2 of Schedule B tercel
Stewart Tirlo Guaranty Company
Exhibit B
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