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1999-208 No 0¢ AN OF OZ TO , Ta S, PaOW a S aCI C PE~IT TO ~LOW A F~TE~TY HOUSE ON A 0 75 AC~ T~CT LOCATED AT THE SOUT~ST CO~R OF FRY ST~ET ~ O~ ST~ET (LOT 1, BLOCK 22, OF THE COLLEGE ~DITION OF DENTON, TX), WITH~ A GE~ ~T~L (GR) ZO~G DIST~CT CLASSIFICATION ~ USE DESIGNATION, PROVID~G FOR A PENALTY ~ THE M~IM~ ~O~T OF $2,000 00 FOR VIOLATIONS THE~OF, A~ PROVinG FOR ~ EFFECTIVE DATE (Z-99-026) ~AS, Robea A Bone, on behalf of Delta Lodge, Inc, owners, lmtmted a request for a Specific Use Pe~t to allow a ~atem~ty house on a 0 75 acre ~act located at the southwest comer of F~ S~ect ~d O& Street (Lot 1, Block 22, of the College Addmon of Denton, TX), w~thm a G~eral Retml (GR) zoning &s~ct clasmficat~on ~d use dem~atlon, ~d ~E~AS, on May 26, 1999, the Plying ~d Zoning Corpsmen reco~ended approval of the requested Specific Use Po~t, ~d ~E~AS, the City Council finds ~at the Specific Use Pe~lt is in comph~ce with the Zoning Ordinate ~d D~ton Development PI~, ~d ~E~AS, m accord~ce Wl~ ~cle III, D~ws~on 4, of Chapter 35 of the Code of Ordinates of the C~ty of Denton, Text, the City Co~c~l finds that all of ~e following con&tlons oxmt 1 That the specific use wxll be compatible with ~d not injurious to the use ~d enjo~ont of other prope~y nor m~fic~tly d~mm~sh or ~mpmr prope~y values ~thln ~e ~e&ate wemlty, 2 That ~e estabhs~ent of the specific use will not impede ~e no~al ~d orderly development ~d ~mprovement of sure.ding yacht property, 3 That adequate ut~llt~es, access roms, &mnage ~d other necess~ supporting fae~ht~es have been or wall be prowded, 4 That the desl~, location, ~d ~gemem of all ~veways ~d p~k~ng spaces prowdes for ~e safe ~d convement movement of veh~cul~ ~d pedes~ tr~fic w~out adversely affecting the general pubhc or adjacent developments, 5 That adequate nms~ce prevention measures have been or w~ll be t~en to prevent or consol offenmve odor, f~es, dust, nome, ~d wbrat~on, 6 That ~rect~onal h~t~ng w~ll be prowded so as not to d~sturb or adversely affect ne~ghbonng prope~les, ~d 7 ~at there is sufficient l~dseapmg ~d screening to ensure h~ony ~d compat~bfllW wl~ Mjacent prope~, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SI~CTION I That a specific use permit to allow a fraternity house on a 0 75 acre tract located at the southwest comer of Fry Street and Oak Street (Lot 1, Block 22, of the College Addition of Denton, TX), within a General Retail (GR) zomng dmtnct clasmficatmn and use designation, as per the site plan and landscape plan attached hereto and incorporated herein as Exhibit A, is approved subject to the following concht~ons 1 That approval ~s subject to development according to the site plan and landscapmg plan attached hereto as Extnblt A, 2 That hghtmg on the property shall be designed and maintained so as not to shine on or otherwise disturb surrounding property or to sh~ne and proJeCt upward to prevent the dlffusmn into the mght sky, and 3 That an eight (8) foot masonry wall shall extend as indicated on the site plan by staff SECTION II That any person violating any prowmon of this ordinance shall, upon conwct~on, be fined a sam not exceedmg $2,000 00 Each day that a prowslon of ttns ordinance ~s violated shall constitute a separate and distinct offense SECTION III That this ordmance shall become effective fourteen (14) days from the date of its passage, and the City Secretary ~s hereby directed to cause the caption of this ordmanco to be pubhshed twice m the Denton Record-Chromcle, a dmly newspaper published ~n the C~ty of Denton, Texas, within ten (10) days of the date of~ts passage , PASSED AND APPROVED thls the day of ,1999 JA~ ATTEST' JENNIFER WALTERS, CITY SECRETARY BY Z~t PAGE 2 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 3