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1994-168~:\wpdocs\ord\patwill.ord O D MANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING THAT THE ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR .63 ACRES OF I~%ND LOCATED ON THE NORTH SIDE OF UNIVERSITY DRIVE, APPROXIMATELY 300 FEET EAST OF LOCUST STREET IS AMENDED BY CHANGING THE CONDI- tIONS ON SUCH LAND ZONED GENERAL RETAIL WITH CONDITIONS (GR-C); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Patrick Will has applied for a change in zoning for .63 acres of land by changing the conditions on such land zoned General Retail with conditions (GR-c); and WHEREAS, on August 10, 1994, the Planning and Zoning Commis- sion recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zoning district classification and use designation of the .63 acres of land described in Exhibit A, at- tached hereto and incorporated into this ordinance by reference, is amended by changing the conditions on such land zoned General Retail with conditions (GR-c) under the comprehensive zoning ordinance of the city of Denton, Texas. SECTION II. That in accordance with Ordinance No. 91-078, the property shall be subject to the following conditions: a. Landscaped screening and buffering shall be located along the northern property line and shall be no less than fifteen (15) feet in width. It shall contain the trees existing on the site at the adoption of this ordinance as well as five (5) gallon red tip photinias planted every eight feet where no trees exist. The purpose is to achieve a solid vegetative screen in lieu of a wooden .fence. Prior to issuance of a certificate of occupancy, the landscape buffering plan shall be approved by the Planning Department. b. No major structural changes may be done to the existing 3,100 square feet structure and such structure may not be ~xpanded. This structure shall maintain the same residential character that existed on August 17, 1993. Additionally, the attached outdoor patio that existed on August 17, 1994, shall not be expanded. The garage shall not be counted in the floor area. c. No product shall be sold outside of the main structure, this includes no display on the patio/porch. d. No outside advertising for any accessory use will be allowed. e. Maximum floor area of any accessory use shall not exceed 400 square feet. f. No food preparation which involves cooking will be allowed on site. g. The following uses shall be prohibited: Community Unit Development Hotel or Motel College or University or Private School Community Center (Public) Day Nursery or Kindergarten School Halfway House Home for Care of Alcoholic, Narcotic or Psychiatric Patients Hospital (General Acute Care) Hospital (Chronic Care) 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 Electrical Substation Electrical Transmission Line Temporary Field or Construction office (Subject to Approval and Control by Building Inspector) Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station Home Occupation Off Street Parking Incidental to Main Use Radio and/or Television Microwave Tower Off Street Remote Parking Sewage Pumping Station Telephone Line and Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Amusement, Commercial (Indoor) Country Club (Private) with Golf Course Dance Hall or Night Club Public Golf Course Public Playfield or Stadium Swim or Tennis club Theater, Other than Drive-in Type Railroad Passenger Station PAGE 2 Railroad Track or Right-of-Way Commercial Parking Lot or Structure Auto Laundry Auto Sales and Repair (In Building) Gasoline Service Station New Auto Parts Sales Stores 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) Household Appliance Service and Repair Laundry or Cleaning Self Service Mortuary or Funeral Parlor Off Premise Sale of Beer and/or Wine On Premise Sale of Beer and/or wine Licensed Private Club Restaurant Retail Stores and Shops - 4,000 square feet or less Retail Stores and Shops - Over 4,000 square feet Animal Clinic or Hospital (no outside runs or pens) Farm or Ranch Greenhouse or Plant Nursery Cemetery or Mausoleum Fairground or Exhibition Area Fraternity, Sorority, Lodge or civic Club Private Utility Shop or Storage Yard Sewage Treatment Plant Water Treatment Plant Stable, Private Club Theater, Drive-in Airport Landing Field or Heliport SECTION III. That Ordinance 93-141, adopted on August 17, 1993, is hereby repealed in its entirety. SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION V. 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, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PAGE 3 JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 4 EXHIBIT "A" FIELD NOTES to ill that certain tract of land situated in the N. H. Meiseuheimer Survey Abstract Number 81[ in the Clty and County of Denton, Texas and being a portion of the tract described tn the deed from Llnda Jane Cann Ireland to KetCh T. Bc[ggs et ux recorded tn Volume 3262 Page 801 of the Real Pcoperty Records of Denton County, Texas as recognized and occupied on the ground; the subject tract being more particularly described as follows: BEGINNING for the Southwest corner of the tract being described herein at an "X' found ia concrete at the monumented Southwest Corner of the said Brtggs tract tn the North right-of-way line of University Drive; THENCE North O0 Degrees '26 Minutes 14 Seconds East along a fence with the recognized and occupied West line of the Briggs tract a distance of 236.27 feet to a found axle at the monumented Northwest corner thereof and also being the Southwest corner of the tract described in the deed from J. J. Nuffhines et ux to H. L. Dungan qt ux recorded in Volume 293, Page 562 of the Deed Records of Denton County; THENCE North 89 Degrees 48 Minutes 49 Seconds East along a fence with the monumented North line of the Briggs Tract and the South line of the Dungan tract a distance of 129.99 feet to a found axle for the Northeast Corner of the Brigga tract and the Southeast Corner of the Dungsn Tract; THENCE: South O0 Degrees 55 Minutes 12 Seconds West along a fence with an East line ~f the said Briggs tract a distance of 39.75 feet to a steel fence corner post tn the North line of the tract described tn the Deed from H. D. Clark et ux to Howard Davis et ux recorded in Volume 346, Page 278 of the said Dead Records; THENCE South 89 Degrees 37 Minutes 51 Seconds West along a fence with the monumented and occupied North line of the said Davis Tract a distance of 14.78 feet to an iron rod found at the Northwest corner thereof; THENCE South O0 Degrees 24 Mlnutes 48 Seconds West with the West line of the said DavisTract a distance of 193.94 feet to a corner in the North line of University Drive, from which an iron rod found bears South OD Degrees 24 Minutes 48 Seconds West a distance of 0.90 feet; THENCE South 89 Degrees 32 MinutEs 60 Seconds West with the North line of University Drive, ~0 feet North of and parallel to the center line thereof, a distance of 1i4.96 feet to the PLACE OF. BEGINNING and enclosing 0.6309 acres of land.