HomeMy WebLinkAbout1999-277P \shared\dept\LGL\Our Documents\ordinances\99V 99-054 doc
ORDINANCE NO 99-a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT TO ALLOW THE OPERATION OF A PRIVATE SCHOOL ON 9 578 ACRES OF
LAND LOCATED AT 1910 E UNIVERSITY DRIVE ON THE SOUTH SIDE OF EAST
UNIVERSITY DRIVE, BETWEEN NOTTINGHAM DRIVE AND SHAWNEE STREET, WITHIN
A SINGLE-FAMILY 7 (SF-7) 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 (Z-99-054)
WHEREAS, Dewayne Reeder, on behalf of Calvary Preparatory School, has applied for a
specific use permit to allow the operation of a private school on 9 578 acres of land located on the
south side of East University Drive, between Nottingham Drive and Shawnee Street, within a Single-
family 7 (SF-7) zoning district classification and use designation, and
WHEREAS, the applicant has indicated that the proposed private school will use existing
buildings and parking spaces on the subject property, will have a maximum enrollment of five
hundred (500) students using existing buildings, will limit classroom hours between 8 00 A M and
5 00 P M , Monday through Friday from August to the end of May, and will require no changes to
existing utilities, access to roads, drainage, and other necessary supporting facilities, and
WHEREAS, on July 28, 1999, the Planning and Zoning Commission considered this permit
but as a result of a 3 — 3 tie vote made no recommendation on the approval of the Specific Use
Permit for a private school, and
WHEREAS, the City Council finds that the Specific Use Permit will be in compliance with
the 1988 Denton Development Plan and the 1998 Denton Plan Policies and the 1999 Growth
Management Strategies and Plan, and
WHEREAS, in accordance with Article III, Division 4, of Chapter 35 of the Code of
Ordinances of the City of Denton, Texas, the City Council finds that all of the following conditions
exist
That a private school limited to the use of the existing buildings as identified by the
site plan attached hereto and incorporated herein as Exhibit `B" and limited to
classroom hours between 8 00 A M and 5 00 P M, Monday through Friday from
August to the end of May will be compatible with and not injurious to the use and
enroyment of other property nor significantly diminish or impair property values
within the immediate vicinity, and
That the establishment of the specific use for private school that requires no changes
to existing utilities, access to roads, drainage, and other necessary supporting
facilities will not impede the normal and orderly development and improvement of
surrounding property, and
r \shared\dept\LOL\Our Documents\Ordinances\99\Z-99 054 doc
That adequate utilities, access roads, drainage, and other necessary supporting
facilities are provided, and
That the existing 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
That adequate nuisance prevention measures have been or will be taken to prevent
or control offensive odor, fumes, dust, noise, and vibration, and
That directional lighting will be provided so as not to disturb or adversely affect
neighboring properties, and
That 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 That a specific use permit to allow the operation of a private school on a 9 578
acres of land described in the legal description attached hereto and incorporated herein as Exhibit
"A" and located on the south side of E University Drive, between Nottingham Drive and Shawnee
Street, within a Single-family 7 (SF-7) zoning district classification and use designation, pursuant
to the site plan attached hereto and incorporated herein as Exhibit "B," are hereby approved subject
to the following conditions
That such use will be limited to the existing buildings as identified by the site plan
attached hereto and incorporated herein as Exhibit "B", and
That student enrolhnent is limited to five hundred (500) students with no more than
two hundred and fifty (250) students attending classes on any given day, and
That classroom hours are limited to between 8 00 A M and 5 00 P M , Monday
through Friday from August to the end of May, and
That any change in lighting on the property shall be designed and maintained so as
not to shine on or otherwise disturb, surrounding residential property or to shine and
project upward to prevent the diffusion into the night sky
SSECTION 2 That the City's official zoning map is amended to show the change in zoning
district classification
Page 2
r \SHARED\DEPMGL\Our 1)ocuments\0rdmences\99\Z-99 054 doc
SECTION —a That 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
SE TC ION 4 That 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-Chromcle, 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 �� day of lqqq
JAC LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 3
EXHIBIT "A"
(Z-99-054)
BEING A TOTAL OF 9 578 ACRES
LOT 1 R, BLOCK A OF THE DENTON BIBLE CHURCH ADITION, AN ADDITION
TO THE CITY AND COUNTY OF DENTON, TEXAS, ACCORDING TO THE
PLAT THEREOF RECORDED IN CABINET H, PAGE 332, OF THE PLAT
RECORDS OF DENTON COUNTY, TEXAS
n
EXHIBIT B
`f", AttA
(2-99-054)
N