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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, I