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NOTE AMENDED BY ORDINANCE 92-099 A COPY OF WHICH IS ATTACHED
NO ^D i
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USE
PERMIT FOR A PERSONAL HEALTH CARE FACILITY, ON 4 82 ACRES OF LAND
LOCATED ON THE EAST SIDE OF HINKLE DRIVE, PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2000 FOR VIOLATIONS THEREOF, AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Peter Kern has applied for a specific use permit for
a personal health care facility, and
WHEREAS, on December 11, 1991, the Planning and Zoning
Commission recommended approval of the permit,
WHEREAS, in accordance with Article 10 of the Appendix B-
Zoning of the Code of Ordinances, the City Council finds that all
the following conditions exist
1 That the use will be compatible with and not injurious
to the use and enjoyment of other property, nor signi-
ficantly diminish or impair property values within the
immediate 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 drive-
ways and parking spaces provide for the safe and con-
venient 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 pro-
perties, and
7 That there is sufficient landscaping and screening to
ensure harmony and compatibility with adjacent pro-
perties
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION iIThat a specific use permit for a personal health
care facility s granted for the 4 82 acres of land in Exhibit A,
attached to and incorporated into this ordinance by reference
SECTION II. That the property shall be developed, used, and
maintained in accordance with the site plan shown in Exhibit B,
attached to and incorporated into this ordinance by reference
SSECTION III. That the City's official zoning map is amended
to show the change in zoning district classification
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
SECTION V. 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 Air+'y�
day of ld,4�46, 1992
ATTEST
JENNIFER WALTERS, CITY
r
BY �—
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY1
BOB CASTLEBERRY, MAYOR
PAGE 2
EXHIBIT A
BEING a 4 82 acre parcel or tract of land out of the R
Beaumont Survey Abstract Number 31 Denton Denton County
Texas and being more particularly described as follows
BEGINNING at a found 1/2" iron rod said iron rod being in
the Easterly Right -of -Way of Hinkle Drive at the
Southwesterly corner of a 19 8454 acre tract as described and
recorded in volume 3022 Page 34 Deed Records Denton County
Texas
THENCE N 01018'10" E along the Easterly Right -of -Way of said
Hinkle Drive a distance of 455 00 feet to a set 1/2' iron rod
for a corner
THENCE S 88045'53" E, a distance of 462 00 feet to a set 1/2"
iron rod for a corner,
THENCE S 01018'10" W, a distance of 455 00 feet to a set 1/2"
iron rod for a corner said iron rod being in the Southerly
line of said 19 8454 acre tract,
THENCE N 88045'53" W along the Southerly line of said
19 8454 acre tract, a distance of 462 00 feet to the Point of
Beginning and Containing 210,209 square feet or 4 82 acres of
land more or less
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4 249
PAGE 3
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ORDINANCE NO 1?0? - 0� 9_
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO
92-012 TO CORRECT THE ACREAGE COVERED BY SPECIFIC PERMIT NO 200,
AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, on January 21, 1992, the City Council approved a spe-
cific use permit for a personal health care facility located on the
east side of Hinkle Drive, and
WHEREAS, the acreage covered by the permit, incorrectly de-
scribed in Exhibit A to Ordinance No 92-012 as 4 82 acres, should
have been 4 857 acres, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That Ordinance No 92-012 is amended by replacing
Exhibit A of Ordinance No 92-012 with the new Exhibit A, attached
to and incorporated into this ordinance by reference
SECTION II. That a copy of this ordinance shall be attached t
Ordinance No 92-012, showing the amendment herein approved.
SECTION III That this ordinance shall become effective imme-
diately upon its passage and approval
PASSED AND APPROVED this the tg3_ day of , 1992
BOB CASTLEBERRY, MAYOR
ATTEST
JENNIFER WAMRB, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY
EXHIBIT "A"
WHEREAS, PETER KERN, is the sole owner of a certain parcel or
tract of land situated in the R Beaumont Survey, Abstract
Number 31, Denton, Denton County, Texas, and being part of
the tract conveyed to Crawford Building Corporation from
Sidney Brandenberger in a deed dated June 13, 1955, and
recorded in Volume 411, Page 491, of the Denton County, Deed
of Records and being more particularly described by metes and
bounds as follows
Beginning at a found 1/2" iron rod at the Northwest corner of
Denton Center Phase II as recorded in plat reference Volume
A, Page 129, Denton County, Deed Records,
THENCE N 01�18 10'E, along the Easterly Right -of -Way of
Hinkle Drive, a distance of 458 00 feet to a set 1/2" iron
rod for a corner;
THENCE S 88�45 53" E, a distance of 462 00 feet to a set 1/2"
iron rod for a corner,
THENCE S 01018 10" W, being parallel to said Hinkle Drive, a
distance of 458 00 feet to a set 1/2" iron rod for a corner,
said iron rod being on the Northerly boundary line of said
Denton Center Phase II,
THENCE N BB045 53" W, along said Northerly boundary line of
Denton Center Phase II, a distance of 462 00 feet to the
Point of Beginning and Containing 211,596 square feet or
4 857 acres of land, more or less.
Oi
JOHN ZIMMERMAN
24 a+°i
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