HomeMy WebLinkAbout1999-406\\CH WVV0LMHARP-0NEP LA D =muW, mt�99�T.99074 IX 4009nmm
ORDINANCE NO 99- 50;4
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM
ONE -FAMILY DWELLING (SF-7) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO GENERAL RETAIL (GR) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR 1 328 ACRES OF LAND LOCATED AT 1919 NORTH ELM,
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR
VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-074)
WHEREAS, the Rev Jerry Putman, on behalf of Asbury United Methodist Church, has
applied for a change in zoning for 1 328 acres of land from One -Family Dwelling (SF-7) zoning
district classification and use designation to General Retail (GR) zoning district classification and
use designation, and
WHEREAS, on October 13, 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
SECTION 1 That the zoning district classification and use designation of the 133 acre
property described in the legal description attached hereto and incorporated herein as Exhibit A is
changed from One -Family Dwelling (SF-7) 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
Maximum height of any new buildings shall be two stones, as determined from the Elm
Street elevation
The following uses, normally allowed within a General Retail zone district, are prohibited
on this property
a Dormitory, Boarding or Rooming House,
b Radio and/or Television Microwave Tower,
c Sexually Oriented Business, and
d Temporary Asphalt or Concrete Batchmg Plant
Site plan review by City Council (without a public hearing) is required prior to any
redevelopment other than church use
\\OH LOL\VOLI\4NARfigD8PT1GLOur OuwmmuWMinnna\9PL990740 aft ONln &c
Lighting on the property shall be designed and maintained so as not to shore on or otherwise
disturb surrounding residential property or to shine and project upward to prevent the
diffusion into the night sky
SECTION 2 That the City's official zoning map is amended to show the change in zoning
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-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 A�day of �(�i , 1999
J ILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
PAGE
EXHIBIT A
PROPERTY DESCRIPTION
Being a tract or parcel of land situated in H Meisenheimer Survey Abstract No 811 City of
Denton, Denton County, Texas, and being a tract occupied on the ground as tract described by
deed from G W Hinkle and Kenneth Hinkle to Asbury Methodist Church of Denton recorded in
Volume 362, Page 560, Deed Records, Denton County, Texas, and being more particularly
described as follows
Beginning at an "X" found cut in concrete in the West R O W of North Elm Street, said "X"
being the Northeast corner of a tract of land described as Lot 1, Block One of Elm -University
Addition as recorded in Cabinet I, Page 230, of the Plat Records, Denton County, Texas, and
being the Southeast corner of this tract
Thence North 89 degrees 46 minutes 06 seconds West, with the North line of said Elm -University
Addition, a distance of 316 88 feet to a 1/2" iebar set in the East R O W line of Bolivar Street,
said rebar being the Northwest corner of Elm -University Addition and the Southwest corner of
this tract
Thence North 00 degrees 57 minutes 00 seconds East, with the East line of Bolivar Street, a
distance of 186 16 feet to a 1/2" rebar set at the Southeast intersection of Bolivar Street and
Sherman Drive being the Northwest corner of this tract
Thence South 88 degrees 46 minutes 06 seconds bast, with the South R O W of said Sherman
Drive, a distance of 313 80 feet to a 1/2" rebar set at the Southwest intersection of Sherman Drive
and aforementioned North Elm Street being the Northeast corner of this tract
Thence South 00 degrees 01 minutes 18 seconds East, with the West R O W of North Elm
Street, a distance of 180 67 feet to the Point of Beginning and containing 1 328 acres of land
C�-2�3-9q