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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# --[.