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HomeMy WebLinkAbout1998-139P �BHAR®IDS'IV.OLWwDotvnisYNMI�e�9BVr9B-01] dtt ORDINANCE NO 9e -/39 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO DEVELOP AND OPERATE A REMOTE, OFF-STREET PARKING AREA ON 0172 ACRES LOCATED ON THE EAST SIDE OF BERNARD STREET, APPROXIMATELY 450 FEET SOUTH OF COLLINS STREET (COMMONLY KNOWN AS 1211 BERNARD STREET), AND ZONED UNDER THE ONE -FAMILY DWELLING (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 WHEREAS, the Arbors of Denton Partners, LTD, initiated a request for a Specific Use Permit to develop and operate a remote, off-street parking area on 0 172 acres located on the east side of Bernard Street, approximately 450 feet south of Collins Street (commonly known as 1211 Bernard Street), and zoned under the One -Family Dwelling (SF-7) zoning district classification and use designation, and WHEREAS, on April 22, 1998, the Planning and Zoning Commission recommended approval of the requested Specific Use Permit, and WHEREAS, the City Council finds that the Specific Use Permit is in compliance with the Zoning Ordinance and Denton Development 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 1 That 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, That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property, That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided, 4 That 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, 5 That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, P �HIWt�DO�IV.oLwurpon+rwl.�ardlms.wH299-01] Crc 6 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 I. That a specific use permit to develop and operate a remote, off-street parking area is granted to the Arbors of Denton Partners, LTD , on a 0 172 acre tract of land located on the east side of Bernard Street, approximately 450 feet south of Collins Street (commonly known as 1211 Bernard Street), as per the site plan attached hereto, approved and incorporated herein as Exhibits A and B SECTION II 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 SECTION III 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 -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 191 day of 1998 ATTEST 7ENNIFER WALTERS, CITY SECRETARY APPROVED • LEGAL FORM PROUTY, CITY ATTORNEY MiL PAGE 2 P gelWt®N9PNA rD��N417dos E3(HIIBIT A Field Notes 1211 Bernard Street Being property located at 1211 Bernard Street, in the A Hill Survey, Abstract Number 623, in the City and County of Denton, Texas, and being all of that certain tract described in the deed from C L Hunt et ux To David Manning and James D Hubbard, Jr recorded in Volume 1958, Page 707 of the Real Property Records of Denton County, Texas, as recognized and occupied on the ground, the subject tract being more particularly described as follows BEGINNING at a capped iron rod set for the Northwest Corner of the herein described tract at the Northwest Corner of said Manning tract on the East side of Bernard Street, THENCE East with the north line of said tract, along and near a fence a distance of 125 03 feet to a capped iron rod found for the Northeast corner of said Manning tract in the West line of The Arbors of Denton, an addition in said City, according to the plat thereof, recorded in Cabinet M, Page 281, Plat Records, THENCE South 00 Degrees 01 Minutes 38 Seconds West with said West line and East line of said Manning tract along and near a chainlink fence a distance of 59 93 feet to a capped iron rod found for the Southeast Corner of said Manning tract THENCE West with the South line thereof, and the North line of said Arbors tract, generally along a chainlink fence a distance of 125 00 feet to a capped iron rod set for the Southwest Corner of said Manning tract on the East side of said Street, THENCE North along said Street with the Waste line of said Manning tract a distance of 59 93 feet to the PLACE OF BEGINNING and enclosing 0 172 of an acre of land PAGE 3 05/19/98 TUE 10 48 FAX 9403497707 CITY OF DENTON PLANNING IM 002 Site Plan 1211 Bernard mmva ms+o . 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