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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT FOR A DAY NURSERY OR KINDERGARTEN FOR A 6.2178 ACRE
TRACT LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET AT BELLAIRE
BOULEVARD, ON PROPERTY CURRENTLY ZONED AGRICULTURAL (A); PROVID-
ING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLA-
TIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Joseph & Jennie Sainah initiated a request for a
Specific Use Permit for a day nursery or kindergarten on a 6.2178
acre tract currently zoned under the Agricultural (A) zoning
district classification and use designation; and
WHEREAS, on December 11, 1996, 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 condi-
tions 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,
2. That the establishment of the specific use will not
impede the normal and orderly development and improve-
ment of surrounding vacant property;
3. That adequate utilities, access roads, drainage and
other necessary supporting facilities have been or will
be provided;
4. 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,
6. That directional lighting will be provided so as not to
disturb or adversely affect neighboring properties; and
7. That there is sufficient landscaping and screening to
ensure harmony and compatibility with adjacent proper-
ty;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That a specific use permit to operate a day
nursery or kindergarten is granted to Joseph and Jennie Sainah,
for a 6.2178 acre tract of land platted as Lot One, Block One, of
the McKinney Street Baptist Church Addition, and the specific use
permit shall authorize the the use or uses referenced as per the
site plan attached hereto, approved and incorporated herein as
Exhibit A.
SSEECTION 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 ordi-
nance to be published twice in the Denton Record -Chronicle, the
official newspaper of the City of Denton, Texas, within ten (10)
days of the date of its passage.
PASSED AND APPROVED this, the / day of ,
1997.
JAC MILLER, MAYOR
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
BY•
PAGE
APPROVED AS TO LEGAL FORM.
HERBERT L. PROUTY, CITY ATTORNEY
PAGE 3
JAN-07-1997 11 19 CITY OF DENTON PLANNING
P 02
EXHIBIT A
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