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1997-002z96042 Sup ORDINANCE NO. ~;~7- ~)~,.. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A DAY NURSERY OR KINDERGARTEN FOR A 6.2178 ACRE TRACT LOCATED ON THE SOUTH SIDE OF HCKINNEY STREET AT BELLAIRE BOULEVARD, ON PROPERTY CURRENTLY ZONED AGRICULTURAL (A); PROVID- ING FOR A PENALTY IN THE MAXIHUH AHOUNT OF $2,000.00 FOR VIOLA- TIONS TREREOF; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Joseph & Jennie Salnah Initiated a request for a Specific Use Permit for a day nursery or kindergarten on a 6.2178 acre t~act currently zoned under the Agricultural (A) zonlng district class~f~catxon and use designation; and WHEREAS, on December 11, 1996, the Planning and Zoning Commission recommended approval of the requested Specific Use Permit, and WHEREAS, the City Councll fxnds that the Specific Use Permit · s in compliance with the Zonxng Ordinance and Denton Development Plan; and WHEREAS, in accordance wxth Article III, Division 4, of Chapter 35 of the Code of Ordinances of the C~ty of Denton, Texas, the City Council finds that all of the following cond~- tlons exist: 1. That the specific use will be compatxble w~th and not injurious to the use and enjoyment of other property, nor signlf~cantly d~m~n~sh or impair property values within the Immediate v~c~nity, 2. That the establishment of the specific use w~ll not impede the normal and orderly development and improve- ment of surrounding vacant property; 3. That adequate utilltles, access roads, draxnage and other necessary supporting facilities have been or w~ll be provided; 4. The design, locatxon 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 ad3acent developments; 5. That adequate nuxsance prevention measures have been or wxll be taken to prevent or control offensive odor, fumes, dust, noise and v~bratlon, 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and 7. That there is sufficient landscaping and screening to ensure harmony and compatibility w~th adjacent proper- ty; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That a specific use permit to operate a day nursery or kindergarten is granted to Joseph and Jennie Salnah, for a 6.2178 acre tract of land platted as Lot One, Block One, of the McKlnney Street Baptist Church Addition, and the specific use permit shall authorize the the use or uses referenced as per the site plan attached hereto, approved and incorporated herein as Exhibit A. SECTION II. 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 III. 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 ordi- nance 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 1ts passage. PASSED AND APPROVED this, the ~-day of ~. , 1997. ~/ J JAC~MILLER, MAYOR ATTESTI JENNIFER WALTERS, CITY SECRETARY PAGE 2 APPROVED AS TO LEGAL FORM. HERBERT L. PROUTY, CITY ATTORNEY PAGE 3 JAN-O?-1997 ii 19 CITY OF DENTON PLANNING P 02 EXH'rBTT A TOTAL P 82