1992-012ALLO00E4
NOTE AMENDED BY ORDINANCE 92-099 A COPY OF WHICH IS ATTACHED
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USE
PERMIT FOR A PERSONAL HEALTH CARE FACILITY, ON 4 82 ACRES OF LAND
LOCATED ON THE EAST SIDE OF HINKLE DRIVE, PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2000 FOR VIOLATIONS THEREOF, AND
PROVIDING FOR AN EFFECTIVE DATE
W~EREAS, Peter Kern has applied for a specific use permit for
a personal health care facility, and
W~EREAS, on December 11, 1991, the Planning and Zoning
commission recommended approval of the permit,
WHEREAS, in accordance with Article 10 of the Appendix B-
Zoning of the Code of ordinances, the City Council finds that all
the following conditions exist
i That the use w~ll be compatible with and not injurious
to the use and enjoyment of other property, nor s~gn~-
ficantly diminish or impair property values within the
immediate vicinity,
2 That the establishment of the use will not impede the
orderly development or ~mprovement 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 drive-
ways and parking spaces provide for the safe and con-
venient 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 pro-
perties, and
7 That there is sufficient landscaping and screening to
ensure harmony and compatibility with adjacent pro-
perties
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That a specific use permit for a personal health
care facility is granted for the 4 82 acres of land in Exhibit A,
attached to and incorporated into this ordinance by reference
~ That the property shall be developed, used, and
maintained in accordance with the site plan shown in Exhibit B,
attached to and incorporated into this ordinance by reference
~ That the City's official zoning map is amended
to show the change in zoning district classification
~ That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2000 00 Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense
~ That this ordinance shall become effective
fourteen (14) days from the date of 1ts 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 the~/~ day of 1992
/
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
PAGE 2
EXHIBIT A
BEING a 4 82 acre parcel or tract of land out of the R
~eaumont Survey Abstract Number 31 Denton Denton County
Texas and being more particularly describ~ as follows
BEGINNING at a found 1/2" ~ron rod said iron rod being in
the Easterly R~ght-of-Way of H~nkle Dr~ve at the
Southwesterly corner of a 19 8454 acre tract as described and
record~ in Volume 3022 Page 34 Dccd Records Denton County
Texas
THENCE N 01°18'10'' E along the Easterly Rlght-of-Way of sald
H~nkle Drive a d~stance of 455 O0 feet to a set 1/2' ~ron rod
for a corner
THENCE S 88°45'53'' E, a distance of 462 O0 feet to a set 1/2"
iron rod for a corner,
THENCE S 01°18'10'' W, a distance of 455 O0 feet to a set 1/2"
~ron rod for a corner said iron rod being in the Southerly
l~ne of said 19 8454 acre tract,
THENCE N 88045'53'' W along the Southerly line of said
19 8454 acre tract, a distance of 462 O0 feet to the Point of
~eglnning and Containing 210,209 square feet or 4 82 acres of
land more or less
r
PAGE 3
ATTnCn~E ~ %
e ~docs\592,~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO
92-012 TO CORRECT THE ACREAGE COVERED BY SPECIFIC PERMIT NO 200,
AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, on January 21, 1992, the City Council approved a spe-
cific use permit for a personal health care facility located on the
east slde of Hlnkle Drive, and
WHEREAS, the acreage covered by the permlt, incorrectly de-
scribed in Exhibit A to Ordinance No 92-012 as 4 82 acres, should
have been 4 857 acres, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That Ordinance No 92-012 is amended by replacing
Exhibit A of Ordinance No 92-012 with the new Exhibit A, attached
to and incorporated into this ordinance by reference ~
SECTION II. That a copy of th~s ordinance shall be attached t~
Ordinance No 92-012, showing the amendment herein approved.
SECTION III That this ordinance shall become effective imme-
diately upon 1ts passage and approv~ ~
PASSED AND APPROVED th~s the(~[~L__ day of ~_~, 1992
JENNIFE~ W~ ~R~, CITY SECRETARY
BY
APPR~E~ ~i TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
EXHIBIT "A"
WHEREAS, PETER KERN, is the sole owner of a certain parcel or
tract of land situated in the R Beaumont Survey, Abstract
Number 51, Denton, Denton County, Texas, and being part of
the tract conveyed to Crawford Building Corporation from
Sidney Brandenberger in a deed dated June 15, 1955, and
recorded in Volume 411, Page 491, of the Denton County, Deed
of Records and being more particularly described by metes and
bounds as follows
Beginning at a found 1/2" iron rod at the Northwest corner of
Denton Center Phase II as recorded in plat reference Volume
A, Page 129, Denton County, Deed Records,
THENCE N 01°18 lC'E, along the Easterly Right-of-Way of
Hinkle Drive, a distance of 458 O0 feet to a set 1/2" iron
rod for a corner;
THENCE S 88°45 55" E, a distance of 4&2 O0 feet to a set 1/2"
THENCE S OlOl8 10" W, being parallel to said Hlnkle Drive, a
distance of 458 O0 feet to a set 1/2" iron rod for a corner
.
said iron rod being on the Northerly boundary line of said
Denton Center Phase II,
THENCE N 88o45 5~" W, along said Northerly boundary line of
Denton Center Phase II, a distance of 4&2 O0 feet to the
Point of Beginning and Containing 211,59& square feet or
4 857 acres of land, more or less.