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1999-277F \shared\dept\LGL\Our Documents\Ordmances\99kZ 99-054 doc O INANCENO qq' '7'7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO ALLOW THE OPERATION OF A PRIVATE SCHOOL ON 9 578 ACRES OF LAND LOCATED AT 1910 E UNIVERSITY DRIVE ON THE SOUTH SIDE OF EAST UNIVERSITY DRIVE, BETWEEN NOTTINGHAM DRIVE AND SHAWNEE STREET, WITHIN A SINGLE-FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, PROVIDING FOR A PENALTY IN THE MAXIMLrM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-054) WHEREAS, Dewayne Reeder, on behalf of Calvary Preparatory School, has applied for a specific use penmt to allow the operation of a private school on 9 578 acres of land located on the south side of East Umverslty Drive, between Nottingham Drive and Shawnee Street, wlthm a Single- family 7 (SF-7) zomng chstnct classification and use designation, and WHEREAS, the applicant has mdmated that the proposed private school will use existing bmldmgs and parking spaces on the subject property, will have a maximum enrollment of five hundred (500) students using existing braidings, will limit classroom hours between 8 00 A M and 5 00 P M, Monday through Friday from August to the end of May, and will require no changes to existing utlhtles, access to roads, drainage, and other necessary supporting facilities, and WHEREAS, on July 28, 1999, the Planmng and Zomng Commission considered this pernut but as a result of a 3 - 3 tie vote made no recommendation on the approval of the Specific Use Permit for a pnvate school, and WHEREAS, the City Council finds that the Spemfic Use Permit will be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies and the 1999 Growth Management Strategies and Plan, and WHEREAS, m 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 a private school limited to the use of the existing bmldmgs as identified by the site plan attached hereto and incorporated herein as Exhthlt "B' and limited to classroom hours between 8 00 A M and 5 00 P M, Monday through Friday from August to the end of May will be compatible with and not injurious to the use and enjoyment of other property nor slgmficantly dlmlmsh or lmpmr property values wlthan the lmmedaate Vlclmty, and That the establishment of the specific use for private school that requires no changes to existing utlhtles, access to roads, drainage, and other necessary supporting facilities will not impede the normal and orderly development and improvement of surroundang property, and F \shared\dept\LOL\Our Documents\Ordmances\99~Z-99 054 doc That adequate utilities, access roads, drmnage, and other necessary supporting facilities are provided, and That the existing design, location, and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic w~thout adversely affecting the general public or adjacent developments, and That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, and That directional hghtmg will be provided so as not to disturb or adversely affect nelghbonng properties, and That there ~s sufficient landscaping and screening to ensure harmony and compatibility with adjacent property, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That a specific use permit to allow the operation of a private school on a 9 578 acres of land described in the legal description attached hereto and incorporated herein as Exhibit "A" and located on the south side of E University Drive, between Nottingham Drive and Shawnee Street, within a Smgle-famdy 7 (SF-7) zomng district classfficat~on and use designation, pursuant to the site plan attached hereto and incorporated hereto as Exbablt "B," are hereby approved subject to the following conditions That such use will be limited to the existing bmldmgs as identified by the site plan attached hereto and incorporated hereto as Exhibit "B", and That student enrollment is limited to five hundred (500) students with no more than two hundred and fifty (250) students attenthng classes on any given day, and That classroom hours are hmlted to between 8 00 A M and 5 00 P M, Monday through Friday from August to the end of May, and That any change in lighting on the property shall be designed and malntmned 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 2 That the City's official zoning map is amended to show the change m zoning district classification Page 2 F \SHARED\DEPTkLGL\Our Documents\Ordmances\99kZ-99 054 doc SECTION 3 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 4 That this ordinance shall become effective fourteen (14) days from the date &its passage, and the City Secretary is hereby directed to cause the caption of tbas ordinance to be published twice m the Denton Record-Chromcle, a dmly newspaper published in the City of Denton, Texas, wltlun ten (10) days of the date of~ts passage PASSEDANDAPPROVEDthlsthe/7-- dayo ~.~/~_.]2t~ , lqCq JAC~LER, M.~.~'OR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 3 EXHIBIT "A" (Z-99-054) BEING A TOTAL OF 9 578 ACRES LOT 1 R, BLOCK A OF THE DENTON BIBLE CHURCH ADITION, AN ADDITION TO THE CITY AND COUNTY OF DENTON, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET H, PAGE 332, OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS EXHIBIT B , (Z-99-054) UNIVERSITY DRIVE ,,