2004-035AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERM1T FOR AN AUTOMOTIVE REPAIR SHOP ON APPROXIMATELY 0.95 ACRE OF
LAND GENERALLY LOCATED SOUTH OF MCKINNEY STREET APPROXIMATELY 300
FEET EAST OF FRAME STREET, WITHIN A DOWNTOWN COMMERCIAL GENERAL
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE. (Z03-0029)
WHEREAS, Ali Asghar Ghoncheh has applied for a specific use permit for an automotive
repair shop within a Downtown Commercial General zoning district classification and use
designation on approximately 0.95 acre of land generally located south of McKirmey Street
approximately 300 feet east of Frame Street, as more particularly described in Exhibit "A' attached
hereto and made a part hereof by reference (the "Property"); and
WHEREAS, on December 17, 2003, the Planning and Zon'mg Commission recommended
approval of a Specific Use Permit for an automotive repair shop; and
WHEREAS, the City Council finds that the Specific Use Permit is consistent with The
Denton Plan; and
WHEREAS, in accordance with Subchapter 6 of the Development Code of the City of
Denton, Texas, the City Council finds that all of the following criteria have been met:
The development 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; and
The establishment of the automotive repair shop will not impede the normal and
orderly development and improvement of surrounding property; and
Adequate utilities, access roads, drainage, and other necessary supporting facilities
have been or will be provided; and
The design, location, and arrangement of all driveways and parking spaces provides
for the safe and convenient movement of vehicular and pedestrian traffic without
adversely affecting the general public or adjacent developments; and
Adequate nuisance prevention measures have been or will be taken to prevent or
control offensive odor, fumes, dust, noise, and vibration; and
Directional lighting will be provided so as not to disturb or adversely affect
neighboring properties; and
There is sufficient landscaping and screening to ensure harmony and compatibility
with adjacent property; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. A specific use permit is hereby approved to allow an automotive repair shop
within a Downtown Commercial General zoning district classification and use designation on the
Property, subject to the following conditions:
1. The applicant shall provide paved parking for the automotive repair shop prior to
the issuance of a certificate of occupancy.
2. A landscape plan must be approved prior to a parking lot permit being issued,.
3. The refuse receptacle must be screened from view by placement of a solid wood
fence or masonry wall as tall as the refuse receptacle, but no less than five (5) feet in height.
4. Development and operation of the automotive repair shop shall be in accordance
with the site plan on file in the City Planning Department, a copy of which is attached hereto and
made a part hereof as Exhibit "B".
SECTION 3. Notwithstanding the description of the Property, the property being rezoned
includes all property to the centerline of all adjacent street rights-of-way.
SECTION 4. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
EULINE BROCK, MAYOR
PAGE 2
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
BY: ~ (~/
PAGE 3
Exhibit A
Exhibit B
· P-A$'P*IMcKINNEY STREETi,
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