2017-139ORDINANCE NO, Z017-139
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT FOR A HIGH SCHOOL USE IN A NEIGHBORHOOD RESIDENITAL
MIXED USE (NRMU) ZONING DISTRICT AND USE CLASSIFICATION ON
APPROXIMATELY 13.73 ACRES OF LAND GENERALLY LOCATED AT THE
SOUTHWEST CORNER OF THE EAST UNIVERSITY DRIVE AND NOTTINGHAM
DRIVE INTERSECTION IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (S 17-0002)
WHEREAS, Ordinance No. 99-277 was approved by City Council to allow a
Specific Use Permit (SUP) on or about August 17, 1999 for the operation of a private
school on 9.578 acres of land located at 1910 E. University Drive within a Single -Family
7 (SF -7) Zoning District and Use Classification ("Original Property"); and
WHEREAS, Max Roberson of Denton Calvary Academy has applied for a
Specific Use Permit (SUP) to allow a High School use on the Original Property and an
additional 4.152 acres of land, for a total of approximately 13.73 acres, within the most
recent NRMU zoning district and use classification, said total acreage is composed of lots
legally described as Lots 1R, 2R, 3R, and 4R of the Denton Bible Church Addition and
the location of which is shown in Exhibit A, attached hereto and incorporated by
reference herein (the "Property"); and
WHEREAS, after notice was published, a public hearing was held before the
Planning and Zoning Commission in accordance with State law on April 26, 2017,
whereby the Planning and Zoning Commission recommended approval (6-0) of the
requested SUP, subject to conditions; and
WHEREAS, on May 2, 2017, after notice published, a public hearing was held
before the City Council in accordance with State law and the City Council hereby finds
that the request is consistent with the Denton Plan and federal, state, and local law and
that the Applicant has agreed to comply with all provisions of the Denton Development
Code, as they exist, may be amended, or in the future arising, including but not limited to,
this Ordinance, and has further agreed to comply with the additional restrictions and
conditions set forth herein; and
WHEREAS, the City Council has determined that it will be beneficial to Denton
and its citizens to grant the SUP; that such grant will not be detrimental to the public
welfare, safety, or health; and that the SUP should be granted; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this
ordinance are incorporated herein by reference and found to be true.
SwECTION 2. Ordinance 99-277 is hereby repealed in its entirety and replaced
with this Ordinance.
SECTION 3. The SUP to allow the High School use on the Property is hereby
approved, subject to the following condition:
The proposed use must be restricted to existing buildings on Lots 1R, 2R, 3R, and
4R, Block A, of the Denton Bible Church Addition, as is reflected on the attached
Site Plan. Existing landscaping coverage and parking counts must be maintained
as is reflected on the attached Site Plan. Any changes to the building footprints,
parking counts, parking lot layouts, or landscaping area on Lots 1R, 2R, or 3R
must be approved by amending the SUP. Lot 4R can develop with uses permitted
in the NRMU District under the standards of the Denton Development Code
without amending the SUP.
SECTION 4.. Failure to Comply. Except as otherwise stated above, all terms of
the SUP shall be complied with prior to issuance of a Certificate of Occupancy. Failure to
comply with any term or condition of the Ordinance will result in the SUP being declared
null and void and of no force and effect. The SUP is issued to the entity named above and
is assignable and transferable.
Slag�1"lt" N mm SUP Regulations. Upon notice to the property owner and a hearing
before the City Council, a SUP may be revoked or modified if. 1. There is one or more of
the conditions imposed by this Ordinance that has not been met or has been violated on
the Property; or 2. The SUP was obtained or extended by fraud or deception; or 3. As
otherwise permitted by law and/or Denton's Zoning Ordinance.
SECTION..6. Unlawful use. It shall be unlawful for any person, firm, entity, or
corporation to make use of the above -referenced Property in some manner other than as
authorized by the Denton Code of Ordinances and this Ordinance.
SEC'FlON "i. Severability. If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid by any court, such invalidity shall
affect the validity of the provisions or applications, and to this end the provisions of this
ordinance are severable.
SF C`I"MN 8, Penalty. Any person, firm, entity or corporation violating any
provision of this ordinance shall, upon conviction, be fined a sum not exceeding
$2,000.00 for each violation. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense. The penal provisions imposed under this
Ordinance shall not preclude Denton from filing suit to enjoin the violation and it retains
all legal rights and remedies available to it under local, state and federal law.
SECTION 9. Effective Date. 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, a daily
newspaper published in the City of Denton, Texas, within ten (10) days of the date of its
passage.
PASSED AND APPROVED this the day of MAJ _ 2017.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY:M
Exhibit A
Site Location
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