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1992-124ALL002CC AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM MULTI-FAMILY ONE (MF-1) TO GENERAL RETAIL (GR) DISTRICT CLaS- SIFICATION AND USE DESIGNATION WITH CONDITIONS FOR 0.4128 ACRES OF LAND LOCATED NEAR THE TEXAS WOMAN'S UNIVERSITY CAMPUS, ON THE SOUTHEAST CORNER OF BELL AVENUE AND SCHMITZ STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT 0F $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Hammett & Nash Co. has applied for a change in zoning for a 0.4128 acre tract of land from Multi-Family One (MF-1) to General Retail (GR) district classification and use designation with conditions; and WHEREAS, on July 8, 1992, 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 0.4128 acre of land described in Exhibit A, attached to and incorporated into this ordinance by reference, is changed from Multi-Family One (MF-1) to General Retail (GR) dis- trict classification and use designation with conditions 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: 1. The maximum floor-to-area ratio (FAR) of any structure shall not exceed .3 to 1. 2. The maximum height of any structure will not exceed two stories or twenty-three feet (23'). 3. All existing vegetation of a two-inch (2") caliper or greater located within twenty feet (20') of the Bell Avenue right-of-way, within fourteen feet (14') of the Schmitz Street right-of-way, within fifteen feet (15') of the southern property line, and within ten feet (10') of all other property lines, will be preserved in a healthy condition. 4. The building line paralleling the southern property line will be fifteen feet (15'). 5. The allowed uses for the property are shown on the list of permitted uses attached hereto as Exhibit B and which is incorporated herein. SECTIO~ 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. 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. ~d ~ PASSED AND APPROVED this the ay of 1992. BOB CASTLEBERRY, ~R~ ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY Page 2 LIST OF EXHIBITS 1) Exhibit A: Description of Property - 1 page 2) Exhibit B: List of Permitted Uses - i page EXHIBIT A FIELD NOTES TO 0.4128 ACRES IN THE B.B.B. AND C.R.R. COMPANY SURVEY ABSTRACT NUMBER 185 CITY AND COUNTY OF DENTON, TEXAS. ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE B.B.B. AND C.R.R. COMPANY SURVEY ABSTRACT NUMBER 185, CITY AND COUNTY OF DENTON, TEXAS, AND BEING PART OF LOTS 2, 3~ 4, 5, AND 6, BLOCK B OF SCHMITZ AND RIPY'S ADDITION AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 85, PAGE 270, DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT A STEEL PIN AT THE NORTHWEST CORNER OF SAID LOT 6, BLOCK 5, SAID CORNER BEING AT THE INTERSECTION OF THE SOUTH LINE OF SCHMITZ STREET WITH THE EAST LINE OF BELL AVE.; THENCE NORTH 89 DEGREES 59 MINUTES 00 SECONDS EAST WITH THE SOUTH LINE OF SAID $CHMITZ STREET A DISTANCE OF 210.00 FEET TO A STEEL PIN FOR CORNER; THENCE SOUTH A DISTANCE OF 65.47 FEET TO A STEEL PIN FOR CORNER; THENCE SOUTH 89 DEGREES 41 MINUTES 00 SECONDS WEST A DISTANCE OF 40.00 FEET TO A STEEL PIN FOR CORNER; THENCE SOUTH WITH A FENCE PART OF THE WAY A DISTANCE OF 25.00 FEET TO A FENCE CORNER POST FOR CORNER; ~HENCE NORTH 89 DEGREES 47 MINUTES 00 SECONDS WEST WITH A FENCE PART OF THE WAY A DISTANCE OF 170.00 FEET TO A STEEL PIN ON THE WEST LINE OF SAID LOT 6, AND ON THE EAST LINE OF SAID BELL AVE; THENCE NORTH WITH THE WEST LINE OF SAID LOT 6, AND WITH THE EAST LINE OF SAID BELL STREET AVE A DISTANCE OF 90.00 FEET TO THE POINT OF BEGINNING CONTAINING 0.4128 ACRES OF LAND. EXHIBIT B LIST OF PERMITTED USES Commercial (surface) parking lot Antique shop Bakery or confectionery shop (retail) Cleaning & pressing, small shop & pick-up Custom personal service shop Dormitory or rooming house Drapery, needlework or weaving shop Florist or garden shop Greenhouse or plant nursery (retail) Handicraft shop Hotel or motel Household appliance service & repair Institute of religious or philanthropic nature Laundry or cleaning, self-service Museum or art gallery Mimeograph, stationery or letter shop office, professional and administrative Public library Retail stores and shops Studio for photographer, musician or artist In addition the following uses will be allowed upon obtaining an approved Specific Use Permit: Restaurant Animal Clinic (inside runs) Fraternity or sorority house