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HomeMy WebLinkAbout1992-034ALL00162 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A SPECIFIC USE PERMIT FOR A MINIATURE GOLF COURSE ON TWO ACRES OF LAND LOCATED ON THE SOUTH SIDE OF EAST MCKINNEY, NEAR ITS INTERSECTION WITH CARDINAL LANE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, by Ordinance No 89-028, the City Council granted a Specific Use Permit (No 198) for a miniature golf course on two acres of land located on the south side of East McKinney, near its intersection with Cardinal Lane, and WHEREAS, Putt Putt Golf has applied for an amendment to the Specific Use Permit to construct baseball batting cages, and WHEREAS, on February 13, 1992, the Planning and Zoning Com- mission recommended approval of the proposed amendment, and WHEREAS, in accordance with Division 4 of Article III of Chapter 35 of the Code of Ordinances, the City Council has found that all the following conditions exist as to the amended permit 1 That the use will be compatible with and not injurious to the use and enjoyment of other property, nor signifi- cantly diminish or impair property values within the im- mediate vicinity, 2 That the establishment of the use will not impede the orderly development or improvement of surrounding vacant property, 3 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 provide 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, if any, 6 That directional lighting, if any, will be provided so as not to disturb or adversely affect neighboring proper- ties, and 7 That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent properties, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the Specific Use Permit approved by Ordinance No 89-028 is amended by the adoption of a new Exhibit B site plan, attached to this ordinance and incorporated herein by reference SECTION II. That a copy of this ordinance shall be attached to Ordinance No 89-028, to show the amendment herein made SECTION III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2000 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION IV. 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, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the 3_1� day of 1992 ATTEST NIFER.WALT R CCRETARY eP O A TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY C BY 1 �j PAGE 2 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A MINIATURE GOLF COURSE FOR TWO ACRES OF LAND LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET, AT ITS INTERSECTION WITH CARDINAL LANE, AS MORE PARTICULARLY DESCRIBED HEREIN, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS - SECTION I. That in accordance with article 10 of Appendix B- Zoning of the Code of Ordinances, a specific use permit for a miniature golf course is granted for the 2 0 acres of land located on the south side of McKinney Street, at its intersection with Cardinal Lane, as more particularly described in Exhibit "AN, attached hereto and incorporated herein by reference SECTION 11, That the property shall be developed, used, and maintained in accordance with the site plan shown in Exhibit "B", attached hereto and incorporated herein by reference In addition, to the requirements of the site plan, in order to provide screening for the parking lot, shrubs shall be planted between the parking lot and the entire boundary of the southern property line, prior to the beginning of business operations The foliage installed to provide the natural screen shall to of the number, size, and type, as approved by the Department of Planning, sufficient to provide a solid foliage screen of a minimum height of six (6) feet, within three (3) years of planting. Thereafter, the foliage screen shall be maintained by replacement foliage, if necessary, to provide the screening herein required. SECTION III. That the Zoning Map of the City of Denton, Texas, adopted the 11th day of January, 1969, as an appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance No. 69-1. as amended, is hereby further amended to show the permitted use. SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. jZgL ON V. That this ordinance shall become effective fourteens (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, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passaqe PASSED AND APPROVED this the -Iv• day of , 1989 RAY JEMENS, VKYOR ATTEST rL J I , XLTZRS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY Z-88-026/Page 2 me Z-88-026/Page 2 me EXHIBIT "A" All that certain 2 000 acre tract or parcel of land in the M Yoachum Survev, Abstract Number 1442, being part of a tract conveyed to Landy L Mulkey by deed recorded in Volume 1639, Page 505 Real Property Records, Denton County, Texas, said 2 000 acre tract being more particularly described as follows Beginning at a found half inch rebar in the south right-of-way line of McKinney Street for -the northeast corner of the herein described tract, same point being the northeast corner of said Mulkey tract Thence South 03 degrees 26 minutes 35 seconds West with an east line of said Mulkey tract, along and near a fence a distance of 428 22 feet to a set half inch rebar for corner Thence North 86 degrees 33 minutes 25 seconds West a distance of 200 00 feet to a set half inch rebar for corner, Thence North 03 degrees 26 minutes 35 seconds East 200 00 feet west of and parallel to the east line of the herein described tract, a distance of 442 99 feet tc east half inch rebar in the south right-of-way line of McKinney Street for corner, Thence South 82 degrees 19 minutes 57 seconds East with said right-of-way line a distance of 200.55 feet to a point of Beginning and containing in all 87,120 square feet or 2 000 acres of land The undersigned does hereby certify that the plat hereon is based on an actual survey made on the ground September 1, 1988, and that it is a true, correAt, and accurate representation of the property as surveyed, that there are no-4sible and apparent easements except as shown on said plat, that the quantity of let# therein has been accurately calculated, and that said property has access to a public roadway unless otherwise noted The legal description was done by Stanford Hauptmann, Texas Registered Public Surveyor, Number 2255, on September 8, 1988 I Z-88-026 EXHIBLT "B" PJcKINNEY STREET M ce , •. �1.1.. 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