1994-077j:\wpdocs\ord\nursingh.ord
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A SPECIFIC USE
PERMIT TO ALLOW FOR THE EXPANSION OF THE DENTON NURSING CENTER
LOCATED AT 2229 NORTH CARROLL BOULEVARD; PROVIDING FOR A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, by Ordinance No. 86-163, the city Council granted a
Specific Use Permit (No. 6) to Denton Nursing Center for a nursing
home located on a 4.9 acre tract of land at 2229 N. Carroll
Boulevard; and
WHEREAS, Denton Nursing Center has applied for an amendment to
the Specific Use Permit to allow for the expansion of the facility;
and
WHEREAS, on April 13, 1994, the Planning and Zoning Commission
recommended approval of the proposed amendment with a condition;
and
WHEREAS, in accordance with Division 4 of Article III of
Chapter 35 of the Code of Ordinances, the city Council has found
all the following conditions exist as to the amended permit:
1. That the use will be compatible with and not injurious to
the use and enjoyment of other property, nor significantly
diminish or impair property values within the immediate
vicinity;
2. That the establishment of the specific use will not impede
the normal and orderly development or improvement of surround-
ing vacant property;
3. That adequate utilities, 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 provide for the safe and convenient movement
of vehicular and pedestrian traffic without 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, if any;
6. That directional lighting, if any, 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 with adjacent properties; NOW
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Specific Use Permit No. 6, approved by
Ordinance 86-163, is amended by repealing the existing site plan
and substituting therefor the site plan attached hereto as Exhibit
"B" which is incorporated herein and made a part hereof for all
purposes.
SECTION II. That the property shall be developed, used, and
maintained in accordance with the site plan and the conditions
referenced therein. The conditions referenced in Section I. of
Ordinance No. 86-163 are hereby repealed except for the condition
stating that a minimum of twenty (20%) percent of the property will
be landscaped.
SECTION III. That a copy of this ordinance shall be attached
to Ordinance No. 86-163, to show the amendment herein made.
SECTION IV. That all provisions of Ordinance No. 86-163 in
conflict with the provisions of this ordinance are hereby repealed,
and all other provisions of Ordinance No. 86-163 not in conflict
with the provisions of this ordinance, shall remain in full force
and effect.
SECTION V. That the City's official zoning map is amended to
show the change in zoning district classification.
SECTION VI. 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 VII. 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 ordinance
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 its passage.
PASSED AND APPROVED this theL~day of ~/ , 1994.
PAGE 2
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
DEBRA A. DRAYOVITCH, CITY ATTORNEY
PAGE 3
EXHIBIT B
Denton NurSing Center NORTH
/ /
/ /
/ i I
~ / /
Site Plan
Date: 4/6/94 Scale: None