1999-406O, IN CENO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM
ONE-FAMILY DWELLING (SF-7) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO GENERAL RETAIL (GR) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR 1 328 ACRES OF LAND LOCATED AT 1919 NORTH ELM,
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR
VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-074)
WHEREAS, the Rev Jerry Putman, on behalf of Asbury United Methodist Church, has
applied for a change in zoning for 1 328 acres of land from One-Family Dwelling (SF-7) zoning
dlsmct classification and use designation to General Retail (GR) zoning dlsmct classification and
use designation, and
WHEREAS, on October 13, 1999, the Planning and Zoning Commission recommended
approval of the requested change in zomng, and
WHEREAS, the City Council finds that the change in zoning will be in compliance with the
1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management
Strategies and Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the zoning dlsmct classification and use designation of the 1 33 acre
property descnbed in the legal description attached hereto and incorporated herein as Exhibit A is
changed from One-Family Dwelling (SF-7) zomng district classification and use designation to
General Retal (GR) zoning dlstnct classification and use des;gnatlon under the comprehensive
zomng ordinance of the City of Denton, Texas, subject to the following condmons
Maxamum height of any new bmld~ngs shall be two stones, as determined from the Elm
Street elevation
The following uses, normally allowed within a General Retail zone district, are prohibited
on this property
a
Dormitory, Boarding or Rooming House,
Radio and/or Television Microwave Tower,
Sexually Oriented Business, and
Temporary Asphalt or Concrete Batchmg Plant
3
Site plan review by City Council (without a public heanng) is required prior to any
redevelopment other than church use
L~ghtmg on the property shall be designed and malntmned so as not to shine on or othem~lse
disturb surrounding res~dentml property or to shine and project upward to prevent the
diffusmn into the mght sky
SECTION 2 That the Oty's officml zoning map is amended to show the change ~n zoning
district clasmficatlon
SECTION 3 That any person wolatlng any provision of this ordinance shall, upon
conviction, be freed a sum not exceeding $2,000 00 Each day that a prows~on of thru ordinance ~s
v~olated shall constitute a separate and distract offense
SECTION 4 That thls ordinance shall become effective fourteen (14) days from the date
of~ts passage, and the City Secretary ~s hereby directed to cause the caption of thxs ordinance to be
pubhshed twine m the Denton Record-Chromcle, a dmly newspaper pubhshed m the C~ty of Denton,
Texas, w~thm ten (10) days of the date ofxts passag~e~
PASSEDANDAPPROVEDthisthe(7'~/~''~t&~''~ dayof ~/ff-~J..~ ,1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
PAGE 2
EXHIBIT A
PROPERTY DESCRIPTION
Being a tract or parcel of land situated m H Meisenhelmer Survey Abstract No $11 C~ty of
Denton, Denton County, Texas, and being a tract occupied on the ground as tract described by
deed from G W Hmkle and Kenneth Hmkle to Asbury Methodist Church of Denton recorded m
Volume 362, Page 560, Deed Records, Denton County, Texas, and being more partmularly
described as follows
Begmmng at an "X" found cut m concrete m the West R O W of North Elm Street, said "X"
being the Northeast comer cfa tract of land described as Lot l, Block One of Elm-Umversny
Addmon as recorded in Cabinet I, Page 230, of the Plat Records, Denton County, Texas, and
being the Southeast comer ofttus tract
Thence North 89 degrees 46 rmnutes 06 seconds West, w~th the North hne of smd Elm-Umvers~ty
Addition, a distance of 316 88 feet to a 1/2" lebar set m the East R O W hne of Bohvar Street,
smd rebar being the Northwest corner of Elm-Umvemty Addtuon and the Southwest corner of
this tract
Thence North 00 degrees 57 minutes 00 seconds East, w~th the East line of Bohvar Street, a
distance of 186 16 feet to a 1/2" rebar set at the Southeast intersection of Bohvar Street and
Sheraton Drive being the Northwest corner ofth~s tract
Thence South 88 degrees 46 minutes 06 seconds East, w~th the South R O W of smd Sherman
Dnve, a distance of 313 80 feet to a 1/2" rebar set at the Southwest intersection of Sherman Drive
and aforementioned North Elm Street being the Northeast corner of flus tract
Thence South 00 degrees 01 m~nutes 18 seconds East, wtth the West R O W of North Elm
Street, a dmtance of 180 67 feet to the Point of Begmmng and contaimng I 328 acres of land