1996-093oakmontz ord
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT (S-208) FOR A RETIREMENT HOME, LOCATED ON 5 319 ACRES
OF PROPERTY ON THE EAST SIDE OF LILLIAN MILLER ROAD, APPROXI-
MATELY FIVE HUNDRED FEET (500') NORTH OF SOUTHRIDGE DRIVE, AND
CURRENTLY ZONED UNDER THE TWO FAMILY (2F) AND SINGLE FAMILY 16
(SF-16) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS,
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR
VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Eric Schmltz initiated a request for a Specific Use
Permit for a retirement home on 5 319 acres of property, located
on the east side of L~lllan Miller Road, approximately five
hundred feet (500') north of Southrldge Drive, and which is
currently zoned under the Two Family (2F) and S~ngle Family 16
(SF-16) zoning dlstrlct classifications and use designations, and
WHEREAS, on March 13, 1996, the Planning and Zoning Commis-
sion recommended approval of the requested Specific Use Permit,
and
WHEREAS, the Clty Council f~nds that this permit will be in
compliance with the Denton Development Plan, and
WHEREAS, in accordance with Article III, D~vlslon 4, of
Chapter 35 of the Code of Ordinances of the C~ty of Denton,
Texas, the City Council f~nds that all of the following condi-
tions ex~st
1 That the specific use will be compatible with and not
~n]ur~ous to the use and enjoyment of other property
nor significantly diminish or ~mpa~r property values
within the ~mmed~ate vicinity,
2 That the establishment of the specific use w~ll not
impede the normal and orderly development and
~mprovement of surrounding vacant property,
3 That adequate utilities, access roads, drainage and
other necessary supporting facilities have been or will
be provided,
4 The 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,
5 That adequate nuisance prevention measures have been or
will be taken to prevent or control offensive odor,
fumes, dust, noise and vibration,
6 That dmrect~onal llght~ng wall be provided so as not to
dlsturb or adversely affect neaghborang properties, and
7 That there is sufficient landscapang and screenang to
ensure harmony and compataballty wath adjacent
property,
NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That specific use permat S-208 as hereby granted
for a retzrement home on 5 319 acres of land, legally described
in Exhibit 1, attached hereto and ancorporated by reference
herean, as per the site plan attached hereto, approved and incor-
porated hereln as Exhlb~t 2
SECTION II That any person vaolat~ng any prov~saon of thas
ordznance shall, upon conv~ctlon, be fined a sum not exceeding
$2,000 00 Each day that a provlsaon of thas ordanance as
vzolated shall constztute a separate and d~stanct offense
SECTION III That thzs ordinance shall become effective
fourteen (14) days from the date of ars passage, and the City
Secretary as hereby directed to cause the caption of this
ordinance to be publashed twice ~n the Denton Record-Chronicle, a
dally newspaper publashed ~n the Caty of Denton, Texas, within
ten (10) days of the date of its passage
PASSED AND APPROVED th~s the /f~'~ day of ~__,_
1996
ATTEST BOB CASTLEBERRY, MAY~ ~
JENNIFER WALTERS, CITY SECRETARY
/
PAGE 2
APPROVED AS TO LEGAL FO~
HERBERT L PROUTY, CITY ATTO~EY
PAGE 3
ALL THAT CERTAIN l~AC"i OR PARCEL Glr LAND LY1NG *NO BEING SITUATED
IN THE ~N MCOO~N SURLY ~STRAC[ 797, CITY AN~ COUNTY
DKNT~, ~XAS. ~0 BEING PART ~ ~( SEC~D ~ACT AS DESCRIBED IN
~NGS ASSUAge. ~ THE 7~ DAY ~ NO~MBER 1989, RECEDED
~UM[ 2S7~ PA~ 820 REAL PROPERTY R[~05 OF OENT~ COUNTY
~XAS AN0 BEING M~[ PAR~CULARLY DES~IBED AS FOLLOWS,
COMM[NONG AT AN IR~ PiN AT ~[ S~EAST C~NER ~ SAI0
reACT.
~EN~ N~TH 02 O~ORE~S 27 MINUTE5 10 SECONOS ~5T N~*R A ~ENC~
~ ~ EAST UN[ ~ ~H~ MCGO~N ~R~Y A ~S~ANC[ OF 1026 57 FEET
TO A F~NO IR~ PIN F~
105~ 20 FEET TO ~ IRON PiN F~ND AT THE S~S1 C~NER OF
~A:T OEE0[0 TO FC McNEiL. REC~DEO IN V~UME 477 PAGE 604
0EEO REC~0S ~ O[NT~ C~NTY. ~XAS. SN0 tR~ P~N 8~INO ~[
PONT ~ 8[~NNINO ~ ~E HEREIN O~SCRIBEO ~ACT
~ENC[ SOUTH ~ PEWEES 39 ~INUIES 4g SEC~OS ~ST A DISTANCE
504 5& FEET TO AN iR~ PIN F~N0 ON ~[ EAST RIGHT OF WAY OF
ULLIAN MILLER PARKWAY
~[NC[ NOR~ 28 DEGREE5 4g MtNU~ 05 SECONDS ~AST ~TH THE
RIGHT-~-WAY ~ LILLIAN MILLER PARKWAY A OlSTAN~ OF 392 56 TO
AN IR~ PIN FOUN0 r~ CORNER,
~[NC[ ~ A ~R~ TO ~[ LEFT ~ ~H[ EAST RIGHT-OF-WAY OF
U~IAN MILER PARKWAY, HA~NO A CENTRAL ~ ~ 30 DEGREES
MINU~$ 39 S[~0S. A RADIUS ~ 83774 FEET A CHORD ~ NORTH
DEGREES ¢2 MINU~S 15 S[C~0S EAST 456 86 FEET ~ ARC LENGHT OF
¢41 97 FEET TO ~ IRON PiN F~ND AT A S~ST C~NER OF LOT 2R
SOU~RIO~ ~LLAG[ SHAPING CEN~R, RECEDED IN CABINET [
392 PLAT RE~OS ~ DENTON C~NTY
UN[ ~ LOT 2R, SOU~RIOG[ ~LLAG[ ~OPPING CEN~R ADDITION A
OlSTAN~ ~ 185 6g ~[T TO AN IR~ PiN
~[NCE SOU~ 01 O[~[E5 57 MINU~S S6 5[CONO~ EAST ~TH A
01STANCE Or 7~g 02 TO THE POINT OF BE~NNING CONTAINING tN ALL
5 3190 A~ES ~ LAN0