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ORDINANCE NO 99-a oV
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT TO ALLOW A FRATERNITY HOUSE ON A 0 75 ACRE TRACT LOCATED AT
THE SOUTHWEST CORNER OF FRY STREET AND OAK STREET (LOT 1, BLOCK 22,
OF THE COLLEGE ADDITION OF DENTON, TX), WITHIN A GENERAL RETAIL (GR)
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-99-026)
WHEREAS, Robert A Bone, on behalf of Delta Lodge, Inc , owners, initiated a request
for a Specific Use Permit to allow a fraternity house on a 0 75 acre tract located at the southwest
corner of Fry Street and Oak Street (Lot 1, Block 22, of the College Addition of Denton, TX),
within a General Retail (GR) zoning district classification and use designation, and
WHEREAS, on May 26, 1999, the Planning and Zoning Commission recommended
approval of the requested Specific Use Permit, and
WHEREAS, the City Council finds that the Specific Use Permit is in compliance with the
Zoning Ordinance and Denton Development Plan, and
WHEREAS, in accordance with Article III, Division 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 exist
That the specific use 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,
2 That the establishment of the specific use will not impede the normal and orderly
development and improvement of surrounding vacant property,
That adequate utilities, access roads, drainage and other necessary supporting
facilities have been or will be provided,
That 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,
That adequate nuisance prevention measures have been or will be taken to prevent
or control offensive odor, fumes, dust, noise, and vibration,
That directional lighting will be provided so as not to disturb or adversely affect
neighboring properties, and
7 That there is sufficient landscaping and screening to ensure harmony and
compatibility with adjacent property,
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NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That a specific use permit to allow a fraternity house on a 0 75 acre tract
located at, the southwest corner of Fry Street and Oak Street (Lot 1, Block 22, of the College
Addition of Denton, TX), within a General Retail (GR) zoning district classification and use
designation, as per the site plan and landscape plan attached hereto and incorporated herein as
Exhibit A, is approved subject to the following conditions
That approval is subject to development according to the site plan and
landscaping plan attached hereto as Exhibit A,
That lighting on the property shall be designed and maintained so as not to shine
on or otherwise disturb surrounding property or to shine and project upward to
prevent the diffusion into the night sky, and
That an eight (8) foot masonry wall shall extend as indicated on the site plan by
staff
SECTION II 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 III 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 11999
JAC LER, MAYOR
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
PAGE 2
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APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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