1998-139AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT TO DEVELOP AND OPERATE A REMOTE, OFF-STREET PARKING AREA ON
0 172 ACRES LOCATED ON THE EAST SIDE OF BERNAKD STREET,
APPROX~IMATELY 450 FEET SOUTH OF COLLINS STREET (COMMONLY KNOWN AS
1211 BERNARD STREET), AND ZONED UNDER THE ONE-FAMILY DWELLING (SF-7)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOP. VIOLATIONS THEREOF,
AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Arbors of Denton Partners, LTD, ~nmated a request for a Specxfic Use
Permit to develop and operate a remote, off-street parlang area on 0 172 acres located on the east
side of Bernard Street, approximately 450 feet south of Colhns Street (commonly known as 1211
Bernard Street), and zoned under the One-Family Dwelling (SF-7) zoning district classification
and use designation, and
WHEREAS, on April 22, 1998, the Planning and Zoning Commission recommended
approval of the requested Speafic Use Permit, and
WHEREAS, the City Council finds that the Specific Use Permit is in compliance with the
Zomng Ordinance and Denton Development Plan, and
WHEREAS, m accordance w~th 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
1 That the specific use will be compatible w~th and not injurious to the use and
enjoyment of other property nor sigmficantly diminish or impair propel~y values
within the ~mmed~ate v~cmlty,
2 That the estabhshment of the specific use will not impede the normal and orderly
development and improvement of surrounding vacant property,
3 That adequate utflmes, 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
provides for the safe and convenient movement of vehicular and pedestrian traffic
without adversely affecting the general pubhc or adjacent developmems,
5 That adequate nmsance prevention measures have been or will be taken to prevent
or control offensive odor, fumes, dust, noise, and vibration,
6 That dtrectlonal lighting wtll be provtded so as not to dtsturb or adversely affect
neighboring propentes, and
7 That there ts suffictent landscaptng and screemng to ensure harmony and
compattbdtty wtth adjacent property, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That a spectfic use permtt to develop and operate a remote, off-street
parking area ts granted to the Arbors of Denton Panners, LTD, on a 0 172 acre tract of land
located on the east stde of Bernard Street, approxtmately 450 feet south of Colhns Street
(commonly known as 1211 Bernard Street), as per the stte plan attached hereto, approved and
incorporated hereto as Exhtbas A and B
.~ That any person vtolattng any provtston of thts ordtnance shall, upon
convxctton, be fined a sum not exceedmg $2,000 00 Each day that a provts~on ofthts ordmance
ts vtolated shall conmtute a separate and dtmnct offense
~ That thts ordinance shall become effecnve fourteen (14) days from the
date of its passage, and the Ctty Secretary ts hereby directed to cause the captton of thts
ordinance to be pubhshed twine m the Denton Record-Chromcle, a dady newspaper pubhshed tn
the C tty of Denton, Texas, wtthm ten (10) days of the date of tts passage
PASSED AND APPROVED thts the/~~ dayof /~ ,1998
JAC~LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
EXHIBIT A
Field Notes
1211 Bernard Street
Being property located at 1211 Bernard Street, in the A Hill Survey, Abstract Number 623, in
the City and County of Denton, Texas, and being all of that certain tract described m the deed
from C L Hunt et ux To David Manning and James D Hubbard, Jr recorded in Volume 1958,
Page 707 of the Real Property Records of Denton County, Texas, as recognized and occupied on
the ground, the subject tract being more particularly described as follows
BEG1NNINO at a capped iron rod set for the Northwest Comer of the heretn described tract at
the Northwest Corner of said Manning tract on the East rode of Bernard Street,
THENCE East with the north line of smd tract, along and near a fence a distance of 125 03 feet
to a capped iron rod found for the Northeast comer of said Manning tract in the West line of The
Arbors of Denton, an addition in said City, according to the plat thereof, recorded in Cabinet M,
Page 281, Plat Records,
THENCE South 00 Degrees 01 Ivhnutes 38 Seconds West with said West line and East line of
smd Manning tract along and near a chamhnk fence a distance of 59 93 feet to a capped iron rod
found for the Southeast Corner of said Manning tract
THENCE West with the South line thereof, and the North hne of said Arbors tract, generally
along a ehmnhnk fence a distance of 125 00 feet to a capped iron rod set for the Southwest
Corner of said Manning tract on the East side of said Street,
THENCE North along said Street w~th the Waste line of said Manning tract a distance of 59 93
feet to the PLACE OF BEGINNING and enclosing 0 172 of an acre of land
PAGE 3
05/19/~8 ~ ~0 48 FA~ 9408497707 ~I~ OF ~NTON PLANNING ~00~
/~xiub~t B
S~to Plan
1211 B~