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Home My WebLink About2004-035ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR AN AUTOMOTIVE REPAIR SHOP ON APPROXIMATELY 0.95 ACRE OF LAND GENERALLY LOCATED SOUTH OF MCKINNEY STREET APPROXIMATELY 300 FEET EAST OF FRAME STREET, WITHIN A DOWNTOWN COMMERCIAL GENERAL 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. (Z03-0029) WHEREAS, Ali Asghar Ghoncheh has applied for a specific use permit for an automotive repair shop within a Downtown Commercial General zoning district classification and use designation on approximately 0.95 acre of land generally located south of McKinney Street approximately 300 feet east of Frame Street, as more particularly described in Exhibit "A' attached hereto and made a part hereof by reference (the "Property"); and WHEREAS, on December 17, 2003, the Planning and Zoning Commission recommended approval of a Specific Use Permit for an automotive repair shop; and WHEREAS, the City Council finds that the Specific Use Permit is consistent with The Denton Plan; and WHEREAS, in accordance with Subchapter 6 of the Development Code of the City of Denton, Texas, the City Council finds that all of the following criteria have been met: The development will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; and The establishment of the automotive repair shop will not impede the normal and orderly development and improvement of surrounding property; and Adequate utilities, access roads, drainage, and other necessary supporting facilities have been or will be provided; and 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; and Adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration; and Directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and 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. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. A specific use permit is hereby approved to allow an automotive repair shop within a Downtown Commercial General zoning district classification and use designation on the Property, subject to the following conditions: The applicant shall provide paved parking for the automotive repair shop prior to the issuance of a certificate of occupancy. 2. A landscape plan must be approved prior to a parking lot permit being issued,. 3. The refuse receptacle must be screened from view by placement of a solid wood fence or masonry wall as tall as the refuse receptacle, but no less than five (5) feet in height. 4. Development and operation of the automotive repair shop shall be in accordance with the site plan on file in the City Planning Department, a copy of which is attached hereto and made a part hereof as Exhibit `B". SECTION 3. Notwithstanding the description of the Property, the property being rezoned includes all property to the centerline of all adjacent street rights -of -way. SECTION 4. The City s official zoning map is amended to show the change in zoning district classification. SECTION 5. 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 5. 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 CityofDenton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 2004. EULINE BROCK, MAYOR PAGE 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: BERBERT L. PROLLTY, CITY ATTORNEY m PAGE 3 Exhibit A FIBW "TIM 0.949 as = being all that Sartain lot kook, Cr psrwe1 et land it..tad I. the 91eq 4it&o Bu[vsy, dbatlagt NBmget 1144, to the City And . CountyofWatd4. Tame, befag all that Certain parcel of lead, 4640CSTW9 16 tee tiaats and convoyed by 440 frog A. Bile Kemp. and b*sbWA C. B.•KeAP, to B. 0. Moore*% and wife, Pearl L. Andaitan, rga6M la WImm 962. Feet 669,, ued Records of 9vhtw County, Tosas,. Md lbelAf 411 that-Cartaio tract of logo Kenya# by dad free T.- R. AAOWU Ad wig*, OMorgia.Adcdok, to Answers: S. goaloi BMAIdt, recorded in Vol4w 189, 9y► 976,96ad gaegtds of aontem Canty, Streetand. being 940,01 that oatt'ala.(Cslled) 41,417.77 square good tract of lam aOAvayad 'by. deed'gem Rabmrt 9. Miale. Senior to g. N. Frybad U. O. Al2enr "mine d/b/t/ V. and' A, Cabinet Shop, 9.00994041 14 Vhlgw.. 524, Page "542, geed Sgwrdn of Denton I Comfy, Tam*, and being More pattleularly described as follows% edazoam at ao Aroa.ted set tot corset In the *oath line of Rant MOKIAM street, 4 Patio roadwy. am to the scat S1Ae of gold V. and A. Cabinet shop Tract, the agrthmeat Career of said Cabinet shop Wre aW 00'24U 4' R, 25.56 coati "act a 61-58,07. R, 116.95 cast With said south line of said &treat to An Icon rm found for cotmr, said point -being the northeant corner at the 'First }Tact' 09 .said Kemp to Andersen parcel, said point bpiag also the cartoonist career of that pertain track at 1And *Ahmed by deed ff= prgd V. Scale and aife, Mary L. MWAI6, to U. S. Wright, .rocordod in Wigs} d06, Palo 044, geed t0'COtdo Of Denton COIBsty, Tans; ' TBBSC6 0 04-14-22" N, 153.29 teat to an iron rod found for Cornet, Raid point Wing the northwest corset. of that Certain tract of. load aonveyd by dead to T. J. iiiNOM had Vitt, Susan S. 61MO". recorded 14 volume all. FARs 224, Deed Records of Renton County Tend&, sae Point Wing nlw the eottheaet **rats of tho -VOCZb Tract* of said -Keep to Amlerman Parcels . TUNIDS B 60.09t57' Tt 142.44 feet to an iron cod found for poems in the north llee et ;Bast lank gtreot, a public roadway, sold point Wing me meQtboaet 0ornge of maid *Second Tract-1 TRWN A O4'47024* Mr 140.06 toot With cold.aarth line of said Rest Oak Street to an iron rod cat for Corner, gala point being the emtbwBt Cornet of said Adoa*k to main ?Cacti TRWCR M 40.24,46, 91 297.67 took to the VMS Of BBOImli90 slid rontainl4g 0.940 Berea of lend. (Commonly teome As 116 and 600 Rest Matin4ey atmet) TO TUB A1=1"9ss Apo/OD Tag OORRIS WD/Oh PURCUSafte OF TMB PREHIU86 SUS9ByaP AND We "INTERS TITLE S hereby certify that an the Itnflh day at Dabber , 1969 this gummy we Aside ee age gran= as per the a mt*o A ab this survey bad IS true, correct, and accurate as to the beeedarlec had argue of the aubjact property 404 the tiro, locations, and type of batldingo and improvements thereon, if any, and AM to the other At1t4rs emm4 haembn. *no Correctly thaw the loestioa at Ail visible Com ment& aa4 tlghte-of-WAy and of all rights-of-Rea!�, waewtets, and other mattes of tacmd, or of Which 1 have knwledge or have Moon advised, whether w not of ignore, affecting subject property. shown an the amvay, there are no encroachments upoa the iopw ty by im"mw nts an Adjacent property, there sea an the aace proparty, strents, or allays by spy .es OR o ject praparty &Ad there Ara an nwrli*te or ii Repdorm D. ysAwq . 1MlAr. public Surveyor Exhibit B STREEV ;h �;�.�p r• . d. 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