2000-090 ORDNANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM
TWO-FAMILY DWELLING (2-F) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO NEIGHBORHOOD SERVICES (NS[c]) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION WITH CONDITIONS FOR 0 25 ACRES OF
LAND LOCATED AT 215 FIRST STREET, PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR
AN EFFECTIVE DATE (Z-99-090)
WHEREAS, Dudley Doyle has applied for a change m zoning for 0 25 acres of land from
Two-famdy dwelling (2-F) zoning chstnet classification and use designation to Neighborhood
Service (NS[c]) zomng district classification and use designation, and
WHEREAS, on January 12, 2000 the Planning and Zomng Commission recommended
approval of the requested change in zoning, and
WHEREAS, the City Council finds that the change in zoning is consistent with the 1999-
2020 Comprehensive Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the zomng district classification and use designation of the 0 25 acre
property described in the legal description attached hereto and incorporated heroin as Exhibit A is
changed fi'om Two-family dwelling (2-F) zoning district classification and use designation to
Neighborhood Service (NS[c]) zomng district classification and use designation under the
comprehensive zomng ordinance of the City of Denton, Texas, subject to the following conditions
1 That permitted land uses be restricted to those described in the list attached hereto and
incorporated herein by reference as Exbabit B, and allow land uses permitted with a Specific
Use Permit in an Neighborhood Service (NS) zoning district
2 No tattoo parlors and/or abortion chmcs shall be permitted
3 No food and/or beverage sales are permitted
4 No customers shall be allowed on the property from 7 p m to 7a m
5 All on-site parkang shall be south of the existing structure
6 Amd hghtmg on the property shall be designed and mmntmned so as not to shine on or
otherwise chsturb, surrounding residential property or to sbane and project upward to prevent
the diffusion into the night sky No flastung or strobe lighting is allowed
7 The size and/or square footage of the existing structure shall not be increased
8 Existing trees larger than 3 inches in caliper shall be saved
9 The property is subdivided to correspond with the proposed zoning
10 Outdoor signs shall be wall signs only and shall comply with the requirements of Section 33-
182 of the Code of Ordmances of the City of Denton
SECTION 2 That the City's officml zomng map ~s mended to show the change ~n zoning
district classfficat~on
SECTION 3 That any person violating any provision of th~s ordinance shall, upon
conwct~on, be freed a sum not exceeding $2,000 00 Each day that a provision of tins ordinance is
violated shall constitute a separate and dlmnct offense
SECTION 4 That thxs ordinance shall become effective fourteen (14) days from the date
of its passage, and the C~ty Secretary Is hereby directed to cause the caption of tins ordinance to be
pubhshed ~wce m the Denton Record-Chromcle, a dmly newspaper published ~n the C~ty of Denton,
Texas, within ten (10) days of the date of its passage
PASSED AND APPROVED thls the ~-?~ dayof (~/~ ,2000
JACK~I~LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By j
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2 of 2
EXHIBIT A
0 25 ACRES
BEING all that certain tract of land s~tuated tn the B B B & C R R Company Survey, Abstract Number 185
C~ty of Denton, Denton County, Texas and being a part of a tract of land described in the Deed from Fred
Harper et ux to E C Doyle et ux recorded in Volume 283, Page 400 of the Deed Records of Denton County
Texas and being more particularly described as follows
BEGINNING at a PK na~l set for the Northeast corner of the here~n described tract in or near the m~ddie of
First Street and at the Northeast corner of sa~d Doyle tract,
THENCE South 00 degrees 14 minutes 56 seconds West with the East line thereof passing at a d~stance of
19 21 feel a ~" capped iron rod found for the Nodhwest corner of a called 0 211 acre tract of land described
in the Deed from JHR Construcbon Co, Inc to Darrell G Re~d, Sr recorded under County Clerk's File
Number 97-R0086665 of the Real Property Records of Denton County, Texas and conbnu~ng on said course
passing at a distance of 79 26 feet a ½' capped iron red found for the Southwest corner thereof and the
Northerly Northwest corner of a tract of land described ~n the Deed from E Wayne Stephens et ux to
Custom Designs, Inc recorded ~n Volume 3231, Page 750 of the Real Property Records of Denton County,
Texas and continuing a total d~stance of 108 26 feet to a %' capped iron rod set for the Southwest corner of
the here~n described tract,
THENCE South 89 degrees 24 m~nutes 17 seconds West a distance of 100 00 feet to a ½" capped iron rod
set for the Southwest corner of the heram described tract ~n the North hne of a called 0 281 acre tract of land
descnbed m the Deed from Kimberly Ann Petty to Benny R Russell et ux recorded in Volume 4309, Page
1574 of the Real Property Records of Denton County, Texas,
THENCE North 00 degrees 14 m~nutes 35 seconds East a d~stance of 111 45 feet a point ~n or near the
m~ddle of smd First Street,
THENCE South 89 degrees 45 minutes 18 seconds East w~th sa~d First Street a d~stanca of 100 00 feet to
the PLACE OF BEGINNING and enclosing 0 25 acres of land, more or less
J E Thompson II R P L ~' No 4857 Date
mINS,I Neiq~o~oo~ Sepias Diet~ot EXHIBIT B
~rimar~_Res~dent~l Uses -
One Family Restricted,
Educational. Inst~tutional & Spec~el Uses
and ~nc~dental Uses
Off Stree% to Main Use
and Entertainment Uses
Transportation Related Uses
I _ II II II Right-of-Way
~stail and S~rvice .T~_e Uses
Custom Personal Service Shop
Drapery, Neealework or Weaving Shop
Florist or Garden Shop
Handicraft
offices, PrOfessional and Administrative
Retail stores and Shops - 4,000 square feet or less
studio for Photographer, Musician, Artist or Health
Agricultural Type Uses
~duoational. institutional & Special Uses
utility. Accessory and Incidental Uses
Transportation Related Uses
Retail and Service Type Uses
Shop
Agricultural T_~e Uses
Greenhouse or Plant Nursery
Front Yar~ Minimum 25 feet.
Side Yar~l No side yard is specified for non-residential use
except where a non-residential use abuts upon a
district boundary line dividing such districts from
& residenti&l district or when the side yard is
adjacent to the street, in which event a~ten (10)
foot side yard shall be provided.
Rear Yard~ No rear yea~ is specified for non-residential use
except where retail, commercial or industrial uses
back upon a common district line, whether separated
by an alley or not, dividing the district from any
of the residential districts listed, a minimum of
ten (10) feet shall be provided.
TWO (2) stories, except that cooling towers, chimneys, HVAC
structures may extend to a maximum of 45 feet.
Floor area ratio, building coverage, lot size, lot dimensions=
No standards
(Based on use. See Article 34-115.)
Parking
signs
Landscaping
screening end Fencing