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1999-087 O CENO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO ALLOW FOR OFF-STREET REMOTE PARKING ON A 0 2927 ACRE TRACT OF LAND LOCATED AT THE SOUTHEAST CORNER OF CARROLL BOULEVARD AND CONGRESS STREET, WITI-KN A TWO-FAMILY (2-F) 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-99-003) WHEREAS, the Denton Chamber of Commerce, on behalf of the Denton Chamber of Commerce, m~tlated a request to allow Off-Street Remote Parking on a 0 2927 acre tract of land located at the southeast comer of Carroll Boulevard and Congress Street, wattnn a Two-Fanuly (2-F) zomng district classfficatlon and use designation, and WHEREAS, on February 10, 1998, the Planmng and Zomng Commission recommended approval of the Specific Use Permit, and WHEREAS, the C~ty Council finds that the Specffic Use Permit will be in compliance w~th the 1988 Denton Development Plan and the 1998 Denton Plan Pollcms, and WI-IEREAS, in accordance w~th Article III, D~wslon 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 ex~st That the spemfic use will be compatible with and not ~njunous to the use and e~oyment of other property nor s~gmficantly d~m~msh or ~mpatr property values witlun the lmmechate wclmty, That the establishment of the specific use will not impede the normal and orderly development and zmprovement of surrounding vacant property, That adequate utlhtms, access roads, drmnage, and other necessary supporting faczhties have been or will be provided, That the design, location, and arrangement of all driveways and parking spaces pmvzdes for the safe and convement movement of vehmular and pedestrian traffic without adversely affecting the general pubhc or adjacent developments, That adequate nmsance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and wbrat]on, That d~rectaonal hghtlng will be provided so as not to disturb or adversely affect ne~ghbonng propertms, That there is sufficient landscaping and screemng to ensure harmony and compatibility w~th adjacent property, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That a Specific Use Permit to allow Off-Street Remote Parking on a 0 2927 acre tract of land described in the legal description attached hereto and incorporated here,n as Exbabit "A" and located at the southeast comer of Carroll Boulevard and Congress Street, within a Two- Famaly (2-F) zomng d~smct classification and use designation, and the s~te plan attached hereto and incorporated here, n as Exhlbn "B", are approved subject to the following conditions I Require the m~mmum mount of landscaping as shown on the attached site plan 2 Reqmre a s~x (6) foot h~gh sohd wood fence be constructed along the eastern property line subject to the regulations m place for building such a fence ~n the City of Denton 3 L~ght~ng on the property shall be designed and mmntmned so as not to shine on or othenmse d, sturb, surrounding residential property or to sh~ne and project upward to prevent the diffusion ~nto the mght sky SECTION II That the City's official zomng map is amended to show the change ~n zomng dlsmct classification ~ That any person violating any provision of this ordinance shall, upon conwct~on, be fined a sum not exceeding $2,000 00 Each day that a provision ofth~s ordinance is violated shall constitute a separate and thsttnct offense ~ That this ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the City Secretary is hereby d~rected to cause the caption of this ordinance m be pubhshed twice ~n the Denton Record-Chronicle, a daaly newspaper published m the C~ty of Denton, Texas, w~th~n ten (10) days of the date of its passage PASSEDANDAPPROVEDtlusthe~/,~,f~A~? dayof ~ ,1999 JAC~ ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY PAGE 2 EXHIBIT A LEGAL DESCRIPTION ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE ROBERT BEAUMONT SURVEY, ABSTRACT NUMBER 31 IN THE CITY OF DENTON DENTON COUNTY, TEXAS, AND BEING PART OF LOT 7 BLOCK 1 OF BARBS ADDITION, AN ADDITION TO THE CITY OF DENTON, AS RECORDED 1N VOLUME Q PAGE 137 OF THE DEED RECORDS OF DENTON, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 7 AT AN IRON PIN SET FOR CORNER, THENCE SOUTH 89 DEGREES 58 MINUTES 40 SECONDS WEST WITH THE SOUTH LINE OF LOT 7 AND THE NORTH LINE OF LOT 8 A DISTANCE OF 85 00 FEET TO AN IRON PIN SET FOR CORNER ON THE EAST RIGHT OF WAY OF CARROLL BOULEVARD, THENCE NORTH 00 DEGREES 54 MINUTES 24 SECONDS EAST WITH THE EAST LINE OF CARROLL BOULEVARD A DISTANCE OF 150 00 FEET TO AN IRON PIN SET FOR CORNER AT THE INTERSECTION OF THE EAST LINE OF CARROLL BOULEVARD AND THE SOUTH LINE OF CONGRESS STREET, THENCE EAST WITH THE SOUTH LINE OF CONGRESS STREET A DISTANCE OF 85 00 FEET TO AN IRON PIN SET FOR CORNER ON THE EAST LINE OF LOT 7 THENCE SOUTH 00 DEGREES 54 MINUTES 24 SECONDS WEST WITH THE EAST LINE OF LOT 7 AND THE WEST L1NE OF LOT 5 A DISTANCE OF 150 00 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 0 2927 ACRE OF LAND JAN 14 PLANNING & DF~/~I.OP~FNT EXHIBIT B ~il*~f