1992-165LLL0032F
NOTE: Amended by 94-040
NO.
AN ORDINANCE OF THE CITY OF DENTON~ TEXAS, GRANTING A SPECIFIC USE
PERMIT FOR DELTA CHI FRATERNITY, ON A 1,600 SQUARE FOOT TRACT OF
LAND LOCATED AT 119 AVENUE A; PROVIDING FOR A PENALTY IN THE MAXI-
MUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Delta Chi Fraternity has applied for a specific use
permit for the purpose of utilizing a premises as a fraternity
meeting hall and for office space; and
WHEREAS, on August 26, 1992, the Planning and Zoning Commis-
sion recommended approval of the permit;
WHEREAS, in accordance with Article III, Division 4 of Chapter
35 of the Code of Ordinances, the city Council finds that all the
following conditions exist:
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 use will not impede the
orderly development or improvement of surrounding vacant
property;
3. That adequate utilities, access roads, drainage and other
necessary supporting facilities have been or will be provided;
4. That the design, location, and arrangement of all drive-
ways 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:
~ That a specific use permit for Delta chi Fraterni-
ty is granted for a 1,600 square foot tract of land described in
Page 1
Exhibit A, attached to and incorporated into this ordinance by
reference.
~ 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.-il:00 P.M.;
on Tuesdays, Wednesdays, Fridays, Saturdays,
and Sundays: 7:00 A.M.-10:00 P.M.; and
on Thursdays: 7:00 A.M.-7:00 P.M.
2. The specific use permit approved pursuant to this
ordinance shall expire at 12:00 midnight on November 30,
1993.
3. 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 con-
sumption provided they comply with other state or local
laws.
~ That the City's official zoning map is amended
to show the change in zoning district classification.
~ That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
~ That this ordinance shall become effective four-
teen (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 news-
paper of the city of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the ~-~day of ~/~2~ , 1992.
Page 2
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
Page 3
j~\wpdocs\ord\deltach£.ord
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 FORAN 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 utilities, access roads, drainage and other
necessary supporting facilities have been or 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.
SEC_~. 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 classification and use designation
uses upon application for a permit or certificate of occupancy
for such uses.
SEC_~. 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.
SE__~. That any person violating any provision of this
ordinance shall, upon conviction, be fined 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 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~__ day of ~, 1994.
ATTEST: BOB CASTLEBERRY, 7R ~
JENNIFER WALTERS, CITY SECRETARY
APP AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY