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
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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
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