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