1993-141e:\wpdocs\ord\Z92005.0
ORDINANCE NO. 3 -/T
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM MULTIFAMILY ONE (MF-1) TO GENERAL RETAIL WITH CONDITIONS (GR-
c) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR .63 ACRES
OF LAND LOCATED ON THE NORTH SIDE.OF UNIVERSITY DRIVE, APPROXIMATE-
LY 250 FEET EAST OF LOCUST STREET; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Keith and Mildred Briggs have applied for a change in
zoning for .63 acres of land from Multifamily One (MF-1) to General
Retail with conditions (GR-c) district classification and use
designation; and
WHEREAS, on July 14, 1993, 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 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,
attached hereto and incorporated into this ordinance by reference,
is changed from Multifamily One (MF-1) to General Retail with
conditions (GR-c) district classification and use designation 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. This structure shall main-
tain the same residential character that exists at the
time of adoption of this ordinance. This shall include
not adding any additional square feet to the main struc-
ture with an exception for the existing attached outdoor
patio. The garage shall not be counted in the gross
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 gross floor area
of
any accessory use shall not
exceed 20% or 400 squ
are
feet of the entire main
structure.
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, Business Office
Telephone Line and Exchange Switching or Relay Station
Water Reservoir, Water Pumping Station or Well
Amusement, Commercial (Indoor)
Country Club (Private) with Golf Course
PAGE 2
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
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 the City's official zoning map is amended
to show the change in zoning district classification.
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.
PAGE 3
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.
PASSED AND APPROVED this the /~ay of , 1993.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED As TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
PAGE 4
EXHIBIT "A"
FIELD NOTES to all that certain tract of land situated in the N. H.
Meisenheimer Survey Abstract Number 811 in the City and County of Denton, Texas
and being a portion of the tract described in the deed from Linda Jane Gann
Ireland to Keith T. Briggs et ux recorded in Volume 3242 Page 801 of the Real
Property 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 in concrete at the monumented Southwest Corner of the said Briggs
tract in the North right-of-way line of University Drive;
THENCE North 00 Degrees 26 Minutes 14 Seconds East along a fence with the
recognized and occupied West line of the Briggs tract a distance of 234.27 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. Huffhines et ux
to H. L. Dungan et ux recorded in Volume 293, Page 542 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
Briggs tract and the Southeast Corner of the Dungan Tract;
THENCE South 00 Degrees 55 Minutes 12 Seconds West along a fence with an East
line of the said Briggs tract a distance of 39.75 feet to a steel fence corner
post in the North line of the tract described in the Deed from H. D. Clark et
ux to Howard Davis et ux recorded in Volume 346, Page 278 of the said Deed
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 00 Degrees 24 Minutes 48 Seconds West with the West line of the
said Davis Tract a distance of 193.94 feet to a corner in the North line of
University Drive, from which an iron rod found bears South 00 Degrees 24
Minutes 48 Seconds West a distance of 0.90 feet;
THENCE South 89 Degrees 32 Minutes 40 Seconds West with the North line of
University Drive, 40 feet North of and parallel to the center line thereof, a
distance of 114.96 feet to the PLACE OF BEGINNING and enclosing 0.6309 acres of
land.
JD44/93057