2000-415S \Our Documents\Ordmances\00XZ 00-019 doc
ORDINANCE NO ~O"Z3- ~ I ~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A REMOTE OFF-STREET PARKING LOT ON 4 1 ACRES OF LAND LOCATED
SOUTH OF 1-35E WEST OF SOUTHRIDGE DRIVE, WITHIN AN OFFICE (O) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION, PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING
FOR AN EFFECTIVE DATE (Z-00-019)
WHEREAS, Monte L Mechler, on behalf of James G Fykes, has applied for a specific use
permit for a remote off-street parking lot on 4 1 acres of land located south of 1-35E west of
Southndge Drive, within an Office (O) zoning district classification and use designation, and
WHEREAS, on October 11, 2000, the Planning and Zoning Commission recommended
approval ora Specific Use Permit for a remote off-street parking lot, and
WHEREAS, the City Council finds that the Specific Use Permit will be in comphance with
The Denton Plan Policies, and
WHEREAS, in accordance with Article III, Division 4, of Chapter 35 of the Code of
Ordinances of the City of Denton, Texas, the City Council finds that all of the following conditions
exist
That the remote off-street parking lot will be compatible with and not injurious to the
use and enjoyment of other property nor significantly dlmimsh or impmr property
values within the immediate vlmnity,
That the establishment of the remote off-street parking lot will not impede the normal
and orderly development and improvement of surrounding property,
That adequate utilities, access roads, drmnage, and other necessary supporting
facilities have been or will be provided,
That the design, location, and arrangement of all driveways and parking spaces
provides for the safe and convenient movement of vehicular and pedestrian traffic
without adversely affecting the general public or adjacent developments,
That adequate nuisance prevention measures have been or will be taken to prevent or
control offensive odor, fumes, dust, noise, and vibration,
That directional lighting will be provided so as not to disturb or adversely affect
nelghbonng properties,
That there is sufficient landscaping and screening to ensure harmony and
compatibility with adjacent property, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That a specific use permit to allow a remote off-street parking lot on a 4 1 acres
of land described m the legal description attached hereto and incorporated herein as Exhtblt"A" and
located south of I-35E west of Southndge Drive, within an Office (O) zoning district classification
and use designation, and the attached site plan attached hereto and incorporated herein as Exhibit
"B," is hereby approved subject to the following conditions
1
2
3
4
That the submitted site plan, and all notes and conditions listed thereon, shall be
incorporated into the requirements and conditions of the Specific Use Permit
Lighting shall be designed and maintained so as not to shine on or disturb
surrounding remdentlal property or to shine and project upward to prevent diffusion
in to the night sky
Parking lighting shall be allowed only between 6 00 AM and 9 00 PM
The parking lighting shall provide a motion detector hghtmg system
SECTION 2 That the City's official zoning map is amended to show the change in zomng
district classification
SECTION 3 That any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is
violated shall constitute a separate and distinct offense
SECTION 4 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, a dmly newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage
PASSED AND APPROVED this the r-]~ day of (X~o~/~_x' ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
PAGE 2
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 3
EXHIBIT A
ALL TIIAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SI1UA1ED IN TNE
RNIIOPKINS SURVEY, ABSTRACT No 1694 AND I,HE J McGOWAN SURVEY,
ABSTRACl No 797 DENION COUNTY, TEXAS, AND BEING A PART, OF A CALLED
1 447 ACRE TRACT, DESCRIBED IN A DEED 10 [HE SYNOD OF TEXAS,
PRESBYTERIAN FOUNDA110N OF ~IIE UNIIED PRESBYIERIAN CIIURClI, U S A, A
TEXAS COPORATION, RECORDED IN VOLUME 456, PAGE 224, DEED RECORDS,
DENTON COUNTY, TEXAS, AND A PART OF A 31 715 ACRE IRACT DESCRIBED IN A
DEED TO THE SYNOD OF TEXAS, PRESBYIERIAN FOUNDAI,ION OF THE UNITED
PRESBYTERIAN CHURCH, USA, A TEXAS COPORAIlON, RECORDED IN VOLUME 485,
PAGE 97, DEED RECORDS, DENTON COUNIY, 1EXAS, AND BEING MORE
PARI'ICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT A WOOD RIGBI-OF-WAY POST. Ar THE NORTHWESI CORNER OF SAID
1 447 ACRE IRACT, BEING TIlE NORTHEAST CORNER OF LOT 1 OF 1NE REPLAT OF
BLOCK 2, SOU1tlRIDGE CEN1ER, RECORDED IN VOLUME 6, PAGE 8 PLAT, RECORDS,
DENTON COUNTY, TEXAS, AND BEING ON IlIE SOUTH RIGNT-OF-WAY LINE OF
INI,ERSTA1E IIIGIIWAY .35 EAST (A VARIABLE WlDTII RIGHI-OF-WAY),
THENCE SOU1H 73 DEGREES 43 MINUIES 46 SECONDS EAST, WITN 1NE NORlll
LINE OF SAID 1 447 ACRE TRAC1 AND IlIE SAID SOUTII RIGIIf-OF-WAY LINE, A
DISTANCE OF 166 40 FEET [0 A 1/2 INCH IRON PIN SEf WI1N A YELLOW PLASIIC
CAP S1AMPED H&N 1849,
TI-IENCE SOUTH 78 DEGREES ,35 MINU1ES O0 SECONDS EAST, WITN 1NE NORTII
LINE OF SAID 1 447 ACRE TRACT AND 1NE SAID SOU1FI RIGNr-OF-WAY LINE, A
DISTANCE OF 34258 FEET TO A 1/2 INCH IRON PiN SET WlHI A YELLOW PLASI,IC
CAP STAMPED H&N 1849 AT THE INTERSECTION OF THE SAID SOUTH
RIGHT-Or-WAY LINE AND lllE WES1 RIGIIT-OF-WAY LINE OF SOU1NRIDGE DRIVE (A
60 FOOT RIGHT-OF-WAY),
THENCE SOUTH 01 DEGREES O0 MINUTES `3`3 SECONDS EAST, Wll,H SAID WEST
RIGHT-OF-WAY LINE, A DISTANCE OF 307 79 FEET TO A FOUND IRON PiN A1 ]HE
NORTHEAST CORNER OF LOT 6, BLOCK `3, SOUTHRIDGE CENTER, RECORDED IN
VOLUME 3, PAGE 51 PLAT RECORDS, DENTON COUNTY, TEXAS,
THENCE NORTH 89 DEGREES 43 MINU[ES 58 SECONDS WEST, WlIII THE
NORTHLINE OF SAID BLOCK 3, A DISTANCE OF 497 59 FEET TO A 1/2 INCH IRON
PIN SET WITH A YELLOW PLASTIC CAP STAMPED H&N 1849 AT IlIE NORTHWEST
CORNER OF LOT 3, BLOCK 3, AND BEING ON 1HE EAST LINE OF LOT 2 OF SAID
BLOCK 2, SOUTHRIDGE CENTER,
THENCE NORTN O0 DEGREES 27 MINUIES 40 SECONOS WEST, WITtl THE EAST LINE
OF SAID BLOCK 2, A DISTANCE OF 41987 FEET TO TIlE POINI OF BEGINNING,
AND CONTAINING IN ALL 4 086 ACRE OF LAND
BLOCK 1, OF SOUTIIRIDGE, AN ADDITION TO TNE CITY OF DENTON, AS SHOWN BY
THE PLAT THEREOF, RECORDED IN VOLUME 3, PAGE 51 PLAT RECORDS, DENTON
COUNTY, TEXAS
SURVEYOR'S CERTIFICATE
I, GARY W IIAMMETI', DO HEREBY CERBPr THAT A SURVEY WAS MADE ON THE
GROUND THIS 18Ih DAY OF AUGUST, 2000 THE PROPERTY DESCRIBED HEREON
AND THERE ARE NO (VISIBLE) ENCROACHMENTS, PROTRUSIONS, OVERLAPPING OF
IMPROVEMEN'IS, EXCEPT AS SHOWN HEREON
OARY W HAMMETr
REGISTERED PROFESSIONAL LAND SURVEYOR
STATE OF TEXAS NO 1849
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