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1999-255AN 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 Jlmenez, on behalf of Calvin and Wayne Woolover, has apphed for a change m zoning for 0 320 acres of land from Multlfamfly dwelhng-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 Wlth the 1988 Denton Development Plan, the 1998 Denton Plan Pohcles, and the 1999 Growth Management Strategies and Plan, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the zomng district classification and use designation of the 0 320 acre property described in the legal description attached hereto and incorporated herein as Exhibit A ~s changed from Multi-family dwelhng-1 (MF-1) zomng distract classification and use designation to General Retail (GR) zomng district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions 3 4 5 6 That permitted land uses be restricted to those described in the list attached hereto and incorporated herem by reference as Exhibit B Llghtmg 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 diffiislon into the night sky That 100 percent of the bufldmg 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 s~des of the property SECTION II That the City'S official zoning map is amended to show the change in zoning district classification PAGE 1 SECTION III That any person violating any prowslon of thru ordinance shall, upon conviction, be fined a sttm not exceeding $2,000 00 Each day that a provision ofth~s ordinance ~s wolated shall constitute a separate and chstlnct offense ~ That thru ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the Cxty Secretary ~s hereby directed to cause the caption of ttus ordinance to be pubhshed twace m the Denton Record-Chromcle, a dmly newspaper published ~n the C~ty of Denton, Texas, w~thxn ten (10) days of the date of~ts passage AND APPROVED thru the..~ day of ~, 1999 PASSED JACI~I~R, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPR( )VED 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 Puchalsk~ Survey Abstract Number 996 ~n the City of Denton, Denton County, Texas, being a part of Lot 10-R, Block 9 of Owsley Park Addition, an addition to the C~ty of Denton, Denton County, Texas according to the plat thereof recorded ~n Cabinet F, Page 310, Plat Records, Denton County, Texas, and being more particularly described as follows BEGINNING at an ~ron rod found for corner in the east hne of Bonnie Brae, a public roadway hawng a right-of-way of 60 0 feet, said point being the northwest corner of said Lot 10-R ~n smd Block 9, THENCE N 89° 39' 15" E, 90 01 feet wth the north hne of Lot 10-R to a point for corner, THENCE S 00° 38' 13" E, 155 55 feet to a point for corner ~n the north hne of Louise Street, a pubhc roadway hawng a nght-of-way of 50 0 feet, THENCE N 89° 56' 52" W, 90 00 feet vath said north hne of said Loume Street to an iron rod for corner in 8aid east hne of sa~d Bonnie Brae, THENCE N 00° 38' 13" E, 154 92 feet ~th sa~d east line of said Bonnie Bra~ to the PLACE OF BEGINNING and conta~mng 0 321 acre of land EXHIBIT B "~R" General Retail District primary Residential Uses One Family Dwelling Restricted Community Unit Development Educational. Institutional & Special 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) ~Tcmp=rary ii=Ii ~u C&.uutl-uJ~lan CZZi~a (Subject to Approval Control by Building Inspector) Fire Station or Similar Public Safety Building Li =:- t--i ...... ~ -- Rome Occupation Off Street Parking Incidental to Main Use Off Street Remote Parking Radio and/or Television Microwave Tower Private Swiping Pool Telephong, Business Office ~ecreational and Entertainment Uses ~usement, Co~ercial (Indoor) Public or Playground Public Play field or Stadium swim or ,Tennis Club Theater, Other than Drive-in Type and "GR" ~eneral Retail District (continued) Transportation Related Uses Automobile Service Uses Auto Laundry Auto Sales and Repair (In Building) Gasoline Service Station New Auto Parts Sales Stores Retail and Service Type Uses 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 Househol4 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 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 Agricultural Type Uses ='-J ..... J-J .... ::J=pltal (no outside runs or pens) Greenhouse or Plant Nursery pERMITTED USES WITH ~PPROVED SPECIFIC USE PERMIT~ Educational. Institutional & Special Uses Recreational & Entertainment Uses Utility~ Accessory and Incidental Uses PUblio Building, Shop, yard of Local, State or Federal Government General Retail District ¢cont[nued~ end Entertainment Uses Transportation Related Uses YARD 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. HEIGHT REGUL~TIONS~ 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 went 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. SUPPLEMENTAL RE~UL~TIONB: 1. Parking (Based on use. 2. Signs 3. Lighting 4. Landscaping 5. Screening & Fencing See Article 34-115.) 3