2002-260S:\Our Documents\Ordinances\02kZ02-0029.doe
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT ALLOWING GASOLINE SALES ON 2.9 ACRES OF LAND COMMONLY KNOWN
AS 321 EAGLE DRIVE, 918 AND 922 SOUTH MYRTLE STREET WITHIN A DOWNTOWN
COMMERCIAL GENERAL (DC-G) 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. (Z02-0029)
WHEREAS, Mitchell Planning Group, on behalf of QuickTrip, has applied for a specific use
permit to allow gasoline sales within an Downtown Commercial General (DC-G) zoning district
classification and use designation on 2.9 acres o f land located at 321 Eagle Drive, 918 and 922 South
Myrtle Street more particularly described in Exhibit "A" attached hereto and made a part hereof by
reference (the "Property"); and
WHEREAS, on July 24, 2002, the Planning and Zoning Commission recommended approval
of a Specific Use Pemait allowing gasoline sales; 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 Denton Development Code Section
35.6.5 of the Denton Development Code, 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;
The establishment of the specific use, a telecommunications tower, will not impede
the normal and orderly development and improvement of surrounding property;
Adequate utilities, access roads, drainage, and other necessary supporting facilities
have been or will be provided;
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;
Adequate nuisance prevention measures have been or will be taken to prevent or
control offensive odor, fumes, dust, noise, and vibration;
Proposed lighting will be provided so as not to disturb or adversely affect
neighboring properties; and
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There is sufficient screening to ensure harmony and compatibility with adjacent
property; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. A specific use permit to allow gasoline sales within a Downtown Commercial
General (DC-G) zoning district classification and use designation on the Property, is hereby
approved, subject to the approved site plan attached hereto and made a part hereof as Exhibit "B".
SECTION 2. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be
f'med 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. 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.
PASSEDANDAPPROVEDthisthe~_~ayof~X~,2002.
EULINE BROCK, MAYOR
ATTEST:
APPROVED AS TO LEGAL FO!~,M:
HERBERT L. £UTY, CI/T~Y~TTORUTY, CIT~Y~ TTORNEY
BY: ~~/~~~ ~
PAGE
EXHIBIT A
EXHIBIT B