1992-034ALL00162
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A SPECIFIC USE
PERMIT FOR A MINIATURE GOLF COURSE ON TWO ACRES OF LAND LOCATED ON
THE SOUTH SIDE OF EAST MCKINNEY, NEAR ITS INTERSECTION WITH
CARDINAL LANE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2000 FOR VIOLATIONS THEREOFf AND PROVIDING FOR ANEFFECTIVE DATE
WHEREAS, by Ordinance No 89-028, the City Council granted a
Specific Use Permit (No 198) for a miniature golf course on two
acres of land located on the south side of East McKlnney, near 1ts
intersection with Cardinal Lane, and
WHEREAS, Putt Putt Golf has applied for an amendment to the
Specific Use Permit to construct baseball batting cages, and
WHEREAS, on February 13, 1992, the Planning and Zoning Com-
mission recommended approval of the proposed amendment, and
WHEREAS, in accordance with Division 4 of Article III of
Chapter 35 of the Code of Ordinances, the City Council has found
that 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 en]oyment of other property, nor signifi-
cantly diminish or impair property values within the im-
mediate vicinity,
2 That the establishment of the use will not impede the
orderly development or improvement of surrounding 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 offenslve 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 proper-
ties, 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
~ECTION I. That the Specific Use Permit approved by Ordinance
No 89-028 is amended by the adoption of a new Exhibit B site plan,
attached to this ordinance and incorporated herein by reference
SECTION II. That a copy of this ordinance shall be attached to
Ordinance No 89-028, to show the amendment herein made
SECTION III. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2000 Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense
SECTION IV. 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
~PPRO~DAS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
PAGE 2
AN ORDINANCE OF THE CITY OF DENTON, TE~(AS, GRANTING A SPECIFIC USE
PERMIT FOR A MINIATURE GOLF COURSE FOR TWO ACRES OF LAND LOCATED
ON THE SOUTH SIDE OF McKINNEY STI~EET, AT ITS INTERSECTION WITH
CARDINAL LANE, AS MORE PARTICULARLY DESCRIBED HEREIN, PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000 00 FOR VIOLATIONS
THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS'
~ That in accordance wi~h article 10 of Appendix B-
Zoning of ~he Code of Ordinances, a specific use permit for
miniature golf course is granted for the 2 0 acres of land local, ed
on the south side of MoKinney Street, st its intersection with
Cardinal Lane, ss more par~icularly described in E~lbl~
a~tach~ hereto and inco~ora~ed herein by reference
~ ~at ~e prope~y shall be develo~d, used, and
main2ained In accordance wi~ ~he si~e plan sho~ in E~ibi~
a~ached hereto and inoo~ora~ed herein by reference In addi~ion,
=o ~he re~iremen~s of~e si~e plan, in order ~o provide screening
for ~he parking lo~, sh~e ~&11 be plan~ed between ~he parki~
lo2 and ~e entire bo~da~ of ~e southe~ prope~y line, prior
=o =he begi~ing of boldness o~rations ~e foliage ins~alled to
provide ~he natural screen shall ~e 9f 2he n~er, size, and
as a~rov~ by ~e ~en~ of Pla~lnq, sufficien2 2o provide
a sol~d foliage scre~ of a minAm~heiqh2 of six (6) fee=, within
2hree (3) years of plan i . ~ereafter, ~ foliage screen shall
be nain~ain~by rlpla~en~ foliage, if necesea~, ~o provide ~he
screening herein r~r~.
~ ~ ~e Zoning Map of ~e City of ~n~on,
Texas, a~ ~e 14~ day of Janus., 1969, as an appendix
=he C~O of O~ceo of ~e Ci2y of ~n2on, Texas, ~der
Ordi~an~o No. 69-1, al ~ended, is hereby furor ~ended ~0 show
~ ~a~ an~ person viola~ing any provision of 2his
ordi~ance shall, upon oonvioCion, bi fin~ a s~ not exceeding
$2000.00. Each day ~a~ a pr~ision of ~ls o~inance is violated
shall cons~i~u~e a separate and dis~inc~ offense.
~ That this ordinance shall become effective
fourteen (14) days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this ordinance
to be published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of the
date of its passage
PASSED AND APPROVED this th.~__~__ day of ~£, 1989
ATTEST
APPROVED AS TO LEGAL FOBM:
DEB~A ADAMI D~AYOVITCH, CITY ATTORNEY
Z-88-O26/Page 2
EXHIBIT "A"
All that certain 2 000 acre tract or parcel of land in the M Yoachum Survey,
Abstract Number 1442, being part of a tract conveyed to Landy L Mulkey by deed
reco,rded in Vol,me 1638, Pase 505 Real Property Records, Denton County, Texas,
said 2 000 acre tract being more particularly described as follows
Beginnin$ ac a found half inch rabar in the south right-of-way line of McKinney
Street for~he northeast corner of the herein described tract, same point heine the
northeast corner of said Mulkey tract
Thence South 03 degrees 26 minutes 35 seconds West with an east line of said
Mulkey tract, along and near a fence a distance of 428 22 feet to a set half inch
rebar for corner
Thence North 86 degrees 33 minutes 25 seconds West a distance of 200 00 feet to a
set half inch rebar for corner,
Thence North 03 degrees 26 minutes 35 seconds East 200 O0 feet west of a~d
parallel co the emac line of the herein described tract, a distance of 442 99 feet
aset half inch rebar in the south right-of-way line of McKinney Street for corner,
Thence South 82 desrees 19 minutes 57 seconds East with said right-of-way line a
distance of 200.55 feet to a point o~ Beginnin8 and conCainin~ in all 87,120 square
feet or 2 000 acres of land
The undersi8ned does hereby certify thaC the plaC hereon ia based on an actual
survey made on the ground September l, 1988, and chat it is a true, terror, and
accurate representation of the property as surveyed, thac there are no v~sible and
apparent easements except as sho~n on said plat, that the quantity of lan~ therein
has been accurately calculated, and that said property has access to a public
roadway unless ocherwiem noted
The lesal description wee done by Stanford Hauptmann, Texas Re$istered Public
Surveyor, Number 22§§, on September 8, 1988
Z-88-026
¢
EXHIBIT "B"
I 88 026
i NOIIT#
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