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HomeMy WebLinkAbout1999-087MCH LOLWOLIWWWWe IN MarnY�9M29 ME ORDINANCE NO /? " a0 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO ALLOW FOR OFF-STREET REMOTE PARKING ON A 0 2927 ACRE TRACT OF LAND LOCATED AT THE SOUTHEAST CORNER OF CARROLL BOULEVARD AND CONGRESS STREET, WITHIN A TWO-FAMILY (2-F) 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 (Z-99-003) WHEREAS, the Denton Chamber of Commerce, on behalf of the Denton Chamber of Commerce, initiated a request to allow Off -Street Remote Parking on a 0 2927 acre tract of land located at the southeast corner of Carroll Boulevard and Congress Street, within a Two -Family (2-F) zoning district classification and use designation, and WHEREAS, on February 10, 1998, the Planning and Zoning Commission recommended approval of the Specific Use Permit, and WHEREAS, the City Council finds that the Specific Use Permit will be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies, 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 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, 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, 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, That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property, NOW, THEREFORE, \\CH LOL\VOL IUhu 80e LWm 099WomY\0\tlOUMO,\99\ZA WJ THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That a Specific Use Permit to allow Off -Street Remote Parking on a 0 2927 acre tract of land described in the legal description attached hereto and incorporated herein as Exhibit "A" and located at the southeast corner of Carroll Boulevard and Congress Street, within a Two - Family (2-F) zoning district classification and use designation, and the site plan attached hereto and incorporated herein as Exhibit "B", are approved subject to the following conditions Require the minimum amount of landscaping as shown on the attached site plan Require a six (6) foot high solid wood fence be constructed along the eastern property line subject to the regulations in place for building such a fence in the City of Denton Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky SECTION II That the City's official zoning map is amended to show the change in zoning district classification SECTION III That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION IV That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this thea3'3 day of //L%/Ll 1999 JACK R, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BYljo$ I jl- 1, ). / AP44VED AlTO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY /%G/f K 3, c/ 1WT9`l: 0 Ia.i"l-flo 6W-Al LEGAL DESCRIPTION ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE ROBERT BEAUMONT SURVEY, ABSTRACT NUMBER 31 IN THE CITY OF DENTON DENTON COUNTY, TEXAS, AND BEING PART OF LOT 7 BLOCK I OF BARBS ADDITION, AN ADDITION TO THE CITY OF DENTON, AS RECORDED IN VOLUME Q PAGE 137 OF THE DEED RECORDS OF DENTON, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 7 AT AN IRON PIN SET FOR CORNER, THENCE SOUTH 89 DEGREES 58 MINUTES 40 SECONDS WEST WITH THE SOUTH LINE OF LOT 7 AND THE NORTH LINE OF LOT 8 A DISTANCE OF 85 00 FEET TO AN IRON PIN SET FOR CORNER ON THE EAST RIGHT OF WAY OF CARROLL BOULEVARD, THENCE NORTH 00 DEGREES 54 MINUTES 24 SECONDS EAST WITH THE EAST LINE OF CARROLL BOULEVARD A DISTANCE OF 150 00 FEET TO AN IRON PIN SET FOR CORNER AT THE INTERSECTION OF THE EAST LINE OF CARROLL BOULEVARD AND THE SOUTH LINE OF CONGRESS STREET, THENCE EAST WITH THE SOUTH LINE OF CONGRESS STREET A DISTANCE OF 85 00 FEET TO AN IRON PIN SET FOR CORNER ON THE EAST LINE OF LOT 7 THENCE SOUTH 00 DEGREES 54 MINUTES 24 SECONDS WEST WITH THE EAST LINE OF LOT 7 AND THE WEST LINE OF LOT 5 A DISTANCE OF 150 00 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 0 2927 ACRE OF LAND E,cEOw[ JAN 14 i)99 PLANNING & DF�F(,GPrAFNT EXHIBIT B } � � Ul�AT@�GH17@CT8,W D® MC IOM06L L Mls MGfICI ICXA6 A MTY MCIl16T I