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1988-0712297L NO 0 0 90 D 7/ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A PRIVATE SCHOOL, AS SAID PERMIT APPLIES TO 4 33 ACRES OF LAND LOCATED ON THE WEST SIDE OF BONNIE BRAE STREET, APPROXIMATELY 1,350 FEET SOUTH OF THE INTERSECTION OF BONNIE BRAE STREET AND AIRPORT ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That, pursuant to provisions of article 10 of Appendix B-Zoning of the Code of Ordinances, a specific use permit for a private school is granted for the 4 33 acres of land located on the west side of Bonnie Brae Street, approximately 1,350 feet south of the intersection of Bonnie Brae Street and Airport Road, as is more particularly described in Exhibit "A", attached hereto and incorporated herein by reference SECTION II That the property shall be developed, used, and maintaine-accordance with the site plan shown in Exhibit "B", attached hereto and incorporated herein by reference, and such development and use shall be subject to the following conditions 1 Permitted Uses The property shall be utilized for a private school 2 Building Regulations a The administration building shown for Phase I shall have a maximum of 4,000 square feet of floor area and shall be no more than two stories in height b The classroom building proposed for Phase II shall have a maximum of 12,000 square feet of floor area and shall be no more than one story in height c The gymnasium building proposed for Phase III shall have a maximum of 8,500 square feet of floor area and shall be no more than one story in height d The cafeteria building proposed for Phase III shall have a maximum of 4,500 square feet of floor area and shall be no more than one story in height e No more than twenty-two classrooms shall be located upon the property at any one time 3 Parking Spaces and Fire Lanes a The development of Phase I shall be accompanied by the installation of sixteen (16) parking spaces and a fire lane, constructed in accordance with City specifica- tions, and located as shown on the attached site plan b The development of Phase II shall be accompanied by the installation of thirty-two (32) parking spaces and a fire lane as shown in Phase II and Phase III, constructed in accordance with City specifications, and located as shown on the attached site plan Upon completion of the fire lane, that portion of the fire lane between the administration and classroom buildings may be removed, as shown on the attached site plan 4 SSins_ Only two ground signs, of a maximum height of fifty-two inches (52") and a maximum width of seventy-two inches (72"), shall be erected or maintained on the property, which shall be located as shown on the attached site plan The sign regulations of Appendix B-Zoning shall govern the construction, use, and maintenance of all other signs located on the property, except as provided for herein 5 Street and Sidewalk Requirements Perimeter street improvements and sidewalks shall be constructed along Bonnie Brae Street in conjunction with Phase II development, or, in lieu thereof, sufficient funds to make such improvements, in an amount determined by the City Engineer, may be placed in escrow until such time as either property on the same side of Bonnie Brae Street immediately adjacent to the school property is required to make perimeter street improvements to Bonnie Brae, at which time the perimeter street improvements and sidewalks for the school property shall be constructed If within ten years of the date of this ordinance, no adjacent property is required to make perimeter street improvements, the escrowed funds shall be used to provide for the street and sidewalk improvements SECTION III That the zoning Map of the City of Denton, Texas, a opte t e 14th day of January, 1969, as an appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance No 69-1, as amended, is hereby further amended to show such permitted use Z-88-002/PAGE 2 SECTION IV That the City Council of the City of Denton, Texas, hereby determines that the conditions of Appendix B-Zoning of the Code of Ordinances providing for the issuance of a specific use permit under specified conditions have been found to exist SECTION V Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued there- under, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Thousand Dollars ($2,000) Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violation, such person shall be punished within the limits above SECTION VI That this ordinance shall become effective fourteen 1 ays 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 the p //day of 1988 RAY STS, YOR ATTEST J IF~R ALTERS, CITY S~iETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY ~L Z-88-002/PAGE 3 EXHIBIT "A" THAT RAYzOR INVESTMENTS, LTD , a Texas partnership of the County of Denton, has Granted and Conveyed, and by these presents do Grant and Convey unto the said Keele-Alvarez, Inc , dba JANE MARSHALL SCHOOL, a Texas non-profit organization, of the County of Denton, State of Texas, all that certain tract of land situated in the Eugene Puchalski Survey, Abstract 996 in the City and County of Denton, Texas and being a part of the called 17 254 acre Tract Six described in the Exchange Deed between Eugenia Porter Rayzor and Jess Newton Rayzor at al recorded in Volume`7757'Page%121of the Deed Records of Denton County, Texas as recognized and occupied on the ground, the subject tract being more particularly described as followst BEGINNING for the Southeast Corner of the tract being described herein at an iron rod found in Bonnie Brae Street at the Northeast Corner of the tract described in the Deed from Joe Reed Abbey to Liberty Full Gospel Church recorded in VolpTe 1746, Page"811of the said Deed Records and called to be the Northeast Corner of the 0 S Brewster Survey, Abstract 56, THENCE North 89 Degrees 15 minutes 45 seconds West along the general course of" and old fence line and the occupied South line of the Rayzor Tract a distance of 723 4 feet to a point for a corner in the Easterly right-of-way of the GC and SF Railroad, 50 feet from the center line of the tracks and being 1 0 foot East of an iron rod found at a cross-tie fence corner post, THENCE North 15 Degrees 03 Minutes 18 Seconds West along the remains of a fence and with the said Easterly right-of-way, 50 feet from and parallel with the center line of the tracks, a distance of 206 5 feet to its intersection with the Easterly right-of-way of Interstate Highway 35 West, concrete monument found near a fence poet at the end of the said fence, THENCE North 21 Degrees 22 Minutes 20 Seconds East with the Easterly right-of-way of Interstate Highway 35 West a distance of 54 8 feet to an iron rod set for the Northwest Corner of the herein described tract; THENCE South 89 Degrees 15 Minutes 45 Seconds East 250 feet from and parallel with the South line of the Rayzor Tract, crossing a small creek and passing at 728 8 feet an iron rod set in the West line of Bonnie Brae Street and continuing along the same course, in all, a total distance of 758 3 feet to the Northeast Corner of the herein described tract in the occupied East line of the Rayzor Tract, a nail set in the middle of Bonnie Brae Street; THENCE South 00 Degrees 16 Minutes 55 Seconds West along the middle of Bonnie Brae Street a distance of 250 0 feet to the PLACE OF BEGINNING and enclosing 4 329 acres of land EXHIBIT "B" 4 ld, .v h--r 00 00 i~ p r r rrr r rr P1. Nil 91 X10 N III fill I~ N l lap! loll' 1l' 7-4~~ JANE MA SH fiL SCHHpOL C a N N E R M■TROIvL■X M _ ter- AND EVA UATION ClN7ER SITE PLAN ,~-ALVAM A INC OBA NARe wl M C ca eaHmaL AM n EMMINENRIMM OL OOA O OF TT 33 ACRES mz ww n.aa r a w Dona raw raw J & "O'ar °ON ~ "w CITY OF ;lCNTON TE%A8 we.a ncw.. x.vw ii urorw .a. afr