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1994-040j:\wpdocs\ord\deltachi or~. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A SPECIFIC USE PERMIT TO ALLOW FOR THE CONTINUATION OF A FRATERNITY MEETING HALL AND OFFICE SPACE ON A 1600 SQUARE FEET TRACT OF LAND LOCATED AT 119 AVENUE A; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 92-165, the city Council granted a Specific Use Permit (No. 202) to Delta Chi Fraternity for a fraternity meeting hall and office space on a 1600 square feet tract of land located at 119 Avenue A for a period expiring November 30, 1993; and WHEREAS, Delta Chi Fraternity has applied for an amendment to the Specific Use Permit to allow the continued use of facilities as presently used; and WHEREAS, on February 9, 1994, the Planning and Zoning commis- sion recommended approval of the proposed amendment with several new conditions; and WHEREAS, in accordance with Division 4 of Article III of Chapter 35 of the Code of Ordinances, the city Council has found that all the following conditions exist as to the amended permit: 1. That the 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 or improvement of surround- ing vacant property; 3. That adequate utilit~e~,.access roads drainage and other necessary supporting facilities have been ~r will be provided; 4. That the design, location, and arrangement of all driveways and parking spaces provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, if any; 6. That directional lighting, if any, 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 properties; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the specific use permit approved by ordinance No. 92-165 is amended by deleting the November 30, 1992 expiration date and adding two additional conditions. SECTION II. That the property shall be developed, used, and maintained in accordance with the following conditions: 1. Use or occupancy of the premises shall be limited to the following hours: - on Mondays: 7:00 a.m. to 11:00 p.m. on Tuesdays, Wednesdays, Fridays, Saturdays, and Sundays: 7:00 a.m. to 10:00 p.m., and - on Thursdays: 7:00 a.m. to 7:00 p.m. 2. No alcoholic beverages may be served or sold on the premises; however, fraternity members may bring their own alcoholic beverages to the premises for their own consumption provided they comply with other state or local laws. 3. Should a violation of Conditions 1 or 2 occur at any time, the Executive Director for Planning and Community Development shall bring the Specific Use Permit forward to the Planning and Zoning Commission for review. The Planning and Zoning Commis- sion, acting upon such report, or other changed circumstances or violations of state or local law, may recommend revocation or modification of the Specific Use Permit to the City Council. 4. Should the fraternity cease to use the property for meeting hall and office space, the use of the property may revert to General Retail (GR) zoning classlf~cat~o and use designation uses upon application for a permit or certificate of occupancy for such uses. SECTION III. That a copy of this ordinance shall be attached to ordinance No. 92-165, to show the amendment herein made. SECTION IV. That all provisions of ordinance No. 92-165 in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of Ordinance No. 92-165, not in conflict with the provisions of this ordinance, shall remain in full force and effect. SECTION V. That the City's official zoning map is amended to show the change in zoning district classification. SECTION VI. That any person violating.any provision of this ordinance shall, upon conviction, be zlne~ 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 VII. That this ordinance shall become~ effective fourteen (14) days ~rom the date of its passage, a~a the city Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the city of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the~ day of ~, 1994. ATTEST: BOB CASTLEBERRY, ~R ~ JENNIFER WALTERS, CITY SECRETARY APPRO~VED AS TO LEGAL FORM: DEBRA Ao DRAYOVITCH, CITY ATTORNEY