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