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Home My WebLink About1999-255d W rO wmane�W9 7ORDMMCC NO ORDINANCE NO q�T AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM MULTIFAMILY DWELLING-1 (MF-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO GENERAL RETAIL (GR) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0 320 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF BONNIE BRAE AND LOUISE STREET, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-037) WHEREAS, Oscar G Jimenez, on behalf of Calvin and Wayne Woolover, has applied for a change in zoning for 0 320 acres of land from Multifamily dwelling-1 (MF-1) zoning district classification and use designation to General Retail (GR) zoning district classification and use designation, and WHEREAS, on June 23, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning, and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SSECTION I That the zoning district classification and use designation of the 0 320 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from Multi -family dwelling-1 (MF-1) zoning district classification and use designation to General Retail (GR) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions That permitted land uses be restricted to those described in the list attached hereto and incorporated herein by reference as Exhibit B Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky That 100 percent of the building exterior, except doors and windows, be constructed out of masonry That the roof will be constructed with at least a 4 to 12 pitch That no on or off premise sale of beer and/or wine is allowed That a buffer be placed on the north and east sides of the property SECTION II That the City's official zoning map is amended to show the change in zoning district classification PAGE 1 SE TION III 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 IV 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-Chromcle, 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 9Liday of 1999 JACI I ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 EXHIBIT A FIELD NOTES 0.321 ACRE BEING all that certain lot, tract or parcel of land situated in the E Puchalski Survey Abstract Number 996 in the City of Denton, Denton County, Texas, being a part of Lot 10-R , Block 9 of Owsley Park Addition, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet F, Page 310, Plat Records, Denton County, Texas, and being more particularly described as follows BEGINNING at an iron rod found for corner in the east line of Bonnie Brae, a public roadway having a right-of-way of 60 0 feet, said point being the northwest corner of said Lot 10-R in said Block 9, THENCE N 890 39' 15" E, 90 01 feet with the north line of Lot 10-R to a point for corner, THENCE S 000 38' 13" E, 155 55 feet to a point for corner in the north fine of Louise Street, a public roadway having a right-of-way of 50 0 feet, THENCE N 890 56' 52" W, 90 00 feet with said north line of said Louise Street to an iron rod for corner in said east line of said Bonnie Brae, THENCE N 000 38' 15' E, 154 92 feet with said east line of said Bonnie Brat to the PLACE OF BEGINNING and containing 0 321 acre of land EXHIBIT B PERM?TTED ijjs S t Primary Residential Uses One Family Dwelling Restricted Community Unit Development ABerm be i Educational, Insti to onal & SPeclal Uses Art Gallery or Museum Church or Rectory College or University or Private School Community Center (Public) Day Nursery or Kindergarten School Group Homes ` Halfway House Home for Care of Alcoholic, Narcotic or Psychiatric Patients Hospital (General Acute Care) Hospital (Chronic Care) Institutions of Religious or Philanthropic Nature Public Library Monastery or Convent Nursing Home or Residence Home for Aged Occasional Sales Park, Playground or Public Community Center School, Private Primary or Secondary School, Public or Denominational School, Business or Trade Utility, Accessory and Incidental Uses Accessory Building Community Center (Private) 6yksal Wre"a" ion bins e (Subject to Approval and Control y Building Inspector) Fire Station or Similar Public Safety Building Aefts F,__ an! Metering _- Home Occupation Off Street Parking Incidental to Main Use Off Street Remote Parking Radio and/or Television Microwave Tower Private Swimming Pool Telephone, Business Office d Recreational and Entertainment Uses Amusement, Commercial (Indoor) r Public F}ark or Playground Public Play field or Stadium swim or'Tennis Club Theater, Other than Drive-in Type J J(14glib Of War Auto Laundry Auto Sales and Repair (In Building) Gasoline Service Station New Auto Parts Sales Stores Antique Shop Bakery or Confectionery Shop (Retail) Cafeteria Cleaning and Pressing Small Shop and Pickup Custom Personal Service Shop Drapery, Needlework or Weaving Shop Florist or Garden Shop Greenhouse or Plant Nursery (Retail) Handicraft Shop Household Appliance Service and Repair Laundry or Cleaning Self Service Mimeograph, Stationery or Letter Shop Offices, Professional and Administrative Off Premise Sale of Beer and/or Wine J , oor Wtme Restaurant Retail Stores and Shops - 4,000 square feet or less Retail Stores and Shops - Over 4,000 square feet Studio for Photographer, Musician, Artist or Health 1 (no outside runs or pens) X Fek Greenhouse or Plant Nursery C.V 1 1 ] 0� f i 1 _ ♦_V _ _ 17fility, Accessory and incidental Uses �L J 1 J ty shop r _ __ 1RM rr MLµ Public Building, Shop, yard of Local, State or Federal Government Apheat Transportation Related Uses I hi L ymasi&mj-sp"Id or • rt YARD REOUIRREMENTSz Front Yard: Minimum 25 feet Side Yard: No side yard is specified for non-residential use except where a non-residential use abuts upon a district boundary line dividing such districts from a residential district or when the side yard is adjacent to the street, in which event a ten (10) foot side yard shall be provided. Rear Yard: No rear year is specified for non-residential use except where retail, commercial or industrial uses back upon a common district line, whether separated by an alley or not, dividing the district from any of the residential districts listed, a minimum of ten (10) feet shall be provided. Three (3) stories, except as follows: In the districts where the height of buildings is restricted to two (2) or three (3) stories, cooling towers, roof gables, chimneys and vent stacks may extend for additional height not to exceed forty- five (45) feet above the average grade line of the building. Water stand pipes and tanks, church steeples, domes and spires, and school buildings and institutional buildings may be erected to exceed three (3) stories in height in residential areas restricted to two (2) or three (3) stories in height, provided that one additional foot shall be added to the width and depth of side and rear yards for each foot that such structures exceed three ( 3 ) stories in height. 1. Park ng (Based on use. 2. sign 3. Lighting 4. Landscaping 5. Screening & Fencing See Article 34-115.) 3