HomeMy WebLinkAbout1996-093oakmontz ord
ORDINANCE NO q 6 - 03
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT (S-208) FOR A RETIREMENT HOME, LOCATED ON 5 319 ACRES
OF PROPERTY ON THE EAST SIDE OF LILLIAN MILLER ROAD, APPROXI-
MATELY FIVE HUNDRED FEET (500') NORTH OF SOUTHRIDGE DRIVE, AND
CURRENTLY ZONED UNDER THE TWO FAMILY (2F) AND SINGLE FAMILY 16
(SF-16) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS,
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR
VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Eric Schmitz initiated a request for a Specific Use
Permit for a retirement home on 5 319 acres of property, located
on the east side of Lillian Miller Road, approximately five
hundred feet (500') north of Southridge Drive, and which is
currently zoned under the Two Family (2F) and Single Family 16
(SF-16) zoning district classifications and use designations, and
WHEREAS, on March 13, 1996, the Planning and Zoning Commis-
sion recommended approval of the requested Specific Use Permit,
and
WHEREAS, the City Council finds that this permit will be in
compliance with the 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
improvement 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,
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 specific use permit S-208 is hereby granted
for a retirement home on 5 319 acres of land, legally described
in Exhibit 1, attached hereto and incorporated by reference
herein, as per the site plan attached hereto, approved and incor-
porated herein as Exhibit 2
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 day of
1996
ATTEST
JENNIFER WALTERS, CITY SECRETARY
e
BY
PAGE 2
C
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 3
ALL THAT CERTAIN TRACT OR PARCEL OF LANE) LYING ANo BEING SITUATED
IN THE 4HN MCGOWEN SURVEY ABSTRACT 797, CITY AND COUNTY OF
DENTON, TEXAS. AND BEING PART OF THE SECOND TRACT AS DESCRIBED IN
A DEED FROM BRYAN 0 PERKINS, SUBSTITUTE TRUSTEE TO SOUTHWEST
SAVINGS ASSOCIATION, ON THE 71H DAY OF NOVEMBER 1959, RECORDED IN
VOLUME 2578 PAGE 020 REAL PROPERTY RECORDS OF DENTON COUNTY
TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCING AT AN IRON PIN AT THE SOUTHEAST CORNER OF SAID SECOND
TRACT,
THENCE NORTH 02 DEGREES 27 MINUTES 10 SECONDS WEST NEAR A FENCE
ON THE EAST LINE OF THE MCGOWEN SURVEY A DISTANCE OF 1026 57 FEET
TO A FOUND IRON PIN FOR CORNER,
THENCE SOUTH 88 DEGREES 39 MINUTES 49 SECONDS WEST A DISTANCE OF
105320 FEET TO AN IRON PIN FOUND AT THE SOUTHWEST CORNER OF A
TRACT DEEDED TO FC MCNEIL, RECORDED IN VOLUME 477 PAGE 604
DEED RECORDS OF DENTON COUNTY, TEXAS. SAID IRON PIN BEING THE
POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT
THENCE SOUTH BB DEGREES 39 MINUTES 49 SECONDS WEST A DISTANCE OF
504 56 FEET TO AN IRON PIN FOUND ON THE EAST RIGHT OF WAY OF
LILLIAN MILLER PARKWAY
THENCE NORTH 26 DEGREES 49 MINUTES 03 SECONDS EAST WITH THE EAST
RIGHT-OF-WAY OF LILLIAN MILLER PARKWAY A DISTANCE OF 392 56 TO
AN IRON PIN FOUND FOR CORNER,
THENCE WIN A CURVE TO THE LEFT ON THE EAST RIGHT-OF-WAY OF
LILLIAN MILLER PARKWAY, HAVING A CENTRAL ANGLE OF 30 DEGREES 13
MINUTES 39 SECONDS, A RADIUS OF 837 74 FEET A CHORD OF NORTH 13
DEGREES 42 MINUTES 13 SECONDS EAST 436 86 FEET AN ARC LENGHT OF
441 97 FEET TO AN IRON PIN FOUND AT A SOUTHWEST CORNER OF LOT 2R
SOUTHRIOGE VILLAGE SHOPPING CENTER, RECORDED IN CABINET E PAGE
392 PLAY RECORDS OF DENTON COUNTY TEXAS
THENCE NORTH 89 DEGREES 23 MINUTES 23 SECONDS EAST WITH THE SOUTH
LINE OF LOT 2R, SOUTHRIOGE VILLAGE SHOPPING CENTER ADDITION A
DISTANCE OF 16S 69 FEET TO AN IRON PIN
THENCE SOUTH 01 DEGREES 57 MINUTES 56 SECONDS EAST WITH A WEST
LINE OF SAID LOT 2R AND THE WEST LINE OF SAID MCNEJL TRACT A
DISTANCE OF 75902 TO THE POINT OF BEGINNING CONTAINING IN ALL
53190 ACRES OF LAND