2001-175ORDINANCE NOS 0/-d 75
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A DETAILED
PLAN/PROJECT PLAN FOR APPROXIMATELY 0 2 ACRES LOCATED WITHIN A
GENERAL RETAIL (GR) ZONING DISTRICT, TO CHANGE TO A PLANNED
DEVELOPMENT (PD) DISTRICT TO ALLOW FOR SINGLE FAMILY USES AND
GENERAL RETAIL USES, THE SUBJECT PROPERTY BEING LOCATED ON THE EAST
SIDE OF ELM STREET, APPROXIMATELY 250' SOUTH OF UNIVERSITY DRIVE,
PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN
EFFECTIVE DATE (Z-0 1-0002)
WHEREAS, on February 1, 2000, the City Council adopted Ordinance No 2000-046
which established certain residential interim regulations (the "Residential Interim Regulations"),
WHEREAS, on April 3, 2001, the City Council granted a waiver from the Non-
residential Interim Regulations, and
WHEREAS, on March 5, 2001, the City of Denton applied for a change in zoning for 0 2
acres of land located on the east side of Elm Street, approximately 250' south of University
Drive, from a General Retail (GR) zoning district classification and land use designation to
Planned Development (PD) zoning district classification and land use designation with the intent
to allow general retail and single family uses which application includes a Detailed Plan/Project
Plan, a copy of which is attached hereto as Exhibit "A" (the "Detailed Plan/Project Plan"), and
WHEREAS, on March 28, 2001, the Planning and Zoning Commission recommended
approval of the requested change in zoning and the Detailed Plan/Project Plan, and
WHEREAS, the City Council finds that the Detailed Plan/Project Plan, with the
conditions imposed herein, is consistent with the approved 1999-2020 Denton Comprehensive
Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The zoning district classification and land use designation of the
approximately 02 acres property described as the western 154 feet of Lot 2 of the Wheeler
Addition, commonly known as 1808 N Elm Street (the "Property"), is changed from General
Retail (GR) zoning district classification and land use designation to Planned Development (PD)
zoning district classification and land use designation under the comprehensive zoning ordinance
of the City of Denton, Texas to allow general retail and single family uses in accordance with the
Detailed Plan The Detailed Plan/Project Plan and said change in zoning are hereby approved,
subject to the following conditions
1 The Photographs and drawing attached as Exhibit "A" constitute the Detailed
Plan/Project Plan
C MINDOWS\TEMM-01-0002 doe
2 Uses shall be limited to those of the General Retail (GR) zoning district plus single
family uses
3 Any new non-residential lighting on the property should be designed and maintained so
as not to shine on or otherwise disturb the surrounding residential properties or to shine
and project upward, to prevent the diffusion into the night sky
4 All signs on the Property shall comply with the Sign Ordinance of the City of Denton
SECTION 2 The City's official zoning map is amended to show the change in zoning
district classification
SECTION 3 If any provisions or the application thereof to any person or circumstance is
held invalid by any court, such invalidity shall not affect the validity of other provisions or
applications, and to this end the provisions of this ordinance are severable
SECTION 4 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, official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its pass~a/ge/ q
PASSED AND APPROVED this the lrc day of /J lX , 2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY ° W
APPRO ED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
PAGE 2
EXHIBIT A
Z-01-0002 (1808 North Elm) PHOTOS
Views of the subject property from the northwest
EXHIBIT A
Z-01-0002 (1808 North Elm) PHOTOS
Close-up of the rear structure
View of the subject property from the southwest
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