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HomeMy WebLinkAbout2000-090"HAp8"EP LW WC4mmmWldloilleeNOmZ 99-0900NameA AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM TWO-FAMILY DWELLING (2-F) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD SERVICES (NS[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH CONDITIONS FOR 0 25 ACRES OF LAND LOCATED AT 215 FIRST STREET, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-090) WHEREAS, Dudley Doyle has applied for a change in zoning for 0 25 acres of land from Two-family dwelling (2-F) zoning district classification and use designation to Neighborhood Service (NS[c]) zoning district classification and use designation, and WHEREAS, on January 12, 2000 the Planning and Zoning Commission recommended approval of the requested change in zoning, and WHEREAS, the City Council finds that the change in zoning is consistent with the 1999- 2020 Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the zoning district classification and use designation of the 0 25 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from Two-family dwelling (2-F) zoning district classification and use designation to Neighborhood Service (NS[c]) 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, and allow land uses permitted with a Specific Use Permit in an Neighborhood Service (NS) zoning district No tattoo parlors and/or abortion clinics shall be permitted No food and/or beverage sales are permitted No customers shall be allowed on the property from 7 p in to 7a in 5 All on -site parking shall be south of the existing structure 5 Any 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 No flashing or strobe lighting is allowed 7 The size and/or square footage of the existing structure shall not be increased 9 Existing trees larger than 3 inches in caliper shall be saved 9 The property is subdivided to correspond with the proposed zoning 10 Outdoor signs shall be wall signs only and shall comply with the requirements of Section 33- P\SfW EDN8P Wue DawmauY�9 MONinanca Lac 182 of the Code of Ordinances of the City of Denton 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 E IQN 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 daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage�" PASSED AND APPROVED this the day of /�/Q%L�/L 12000 ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY LM Page 2 of 2 EXHIBIT A 0 25 ACRES BEING all that certain tract of land situated in the B B B & C R R Company Survey, Abstract Number 185 City of Denton, Denton County, Texas and being a part of a tract of land described in the Deed from Fred Harper at ux to E C Doyle at ux recorded In Volume 283, Page 400 of the Deed Records of Denton County Texas and being more particularly described as follows BEGINNING at a PK nail set for the Northeast corner of the herein described tract in or near the middle of First Street and at the Northeast corner of said Doyle tract, THENCE South 00 degrees 14 minutes 56 seconds West with the East line thereof passing at a distance of 19 21 feet a %i capped Iron rod found for the Northwest corner of a called 0 211 acre tract of land described in the Deed from JHR Construction Co, Inc to Darrell G Reid, Sr recorded under County Clerk's File Number 97-R0086665 of the Real Property Records of Denton County, Texas and continuing on said course passing at a distance of 79 26 feet a '/' capped iron rod found for the Southwest corner tlfereof and the Northerly Northwest corner of a tract of land described in the Deed from E Wayne Stephens at ux to Custom Designs, Inc recorded in Volume 3231, Page 750 of the Real Property Records of Denton County, Texas and continuing a total distance of 108 26 feet to a'/' capped iron rod set for the Southwest corner of the herein described tract, THENCE South 89 degrees 24 minutes 17 seconds West a distance of 100 00 feet to a''/i capped iron rod set for the Southwest corner of the herein described tract in the North line of a called 0 281 acre tract of land described in the Deed from Kimberly Ann Petty to Benny R Russell at ux recorded in Volume 4309, Page 1574 of the Real Property Records of Denton County, Texas, THENCE North 00 degrees 14 minutes 35 seconds East a distance of 11145 feet a point in or near the middle of said First Street, THENCE South 89 degrees 45 minutes 18 seconds East with said First Street a distance of 100 00 feet to the PLACE OF BEGINNING and enclosing 0 25 acres of land, more or less IIRPL9No4857 RN, Neidhbo hood service District EXHIBIT B PHRMITTED UNEBt Primary Residential Uses ` one Family Restricted- - � - e 1 11 {zah at, •i+�i Y v� Y'Tf�) �� mo y MI. •r+ r 1 h' ' * ibN «, f w f yytit lip w }' z 9 W[Irdsdl rq>j •°ver' �i n �rx�r'i wui•�a�' r�r f ,v ^rr y �� r,,,� "x A I Y, � :.c^ ka will Apg Right -of -Way or Custom Personal Service Shop Drapery, Needlework or Weaving Shop Florist or Garden Shop Handicraft Shop offices, Professional and Administrative Retail Stores and Shops - 4,000 square feet or less studio for Photographer, Musician, Artist or Health k Ant_ ique Shop Greenhouse or Plant Nursery _ Ir rVoral. .44 , 11 Front Yard: Minimum 25 feet. sidential side Yard: No excepts yard where is specified s non-residential ousel s 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 yeaJ 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. RETORT Rj GULATIONA: Two (2) stories, except that cooling towers, chimneys, HVAC structures may extend to a maximum of 45 feet. AREA REaULATIONB: Floor area ratio, building coverage, lot size, lot dimensions: No Standards SUP • •M]ILA NTAL REGUTIONS: 1. Parking (Based on use. See Article 34-115.) 2. Signs 3. Lighting 4. Landscaping 5. Screening and Fencing e