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HomeMy WebLinkAbout1999-352r \sh=d\dept\LGL\04r Dw cn®\OrdtnwcwM9 99 057 Ordinance doc ORDINANCE NO - ✓ JrA AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM A COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A CENTRAL BUSINESS CONDITIONED (CB[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0 70 ACRES OF LAND LOCATED 201-215 E OAK STREET ON THE NORTH SIDE OF E OAK STREET BETWEEN AUSTIN STREET AND OAKLAND STREET, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-057) WHEREAS, James Kelvin has applied for a change in zoning for 0 70 acres of land from a Commercial (C) zoning district classification and use designation to a Central Business (CB) zoning district classification and use designation, and WHEREAS, on August 25, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning, and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the zoning district classification and use designation of the 0 70 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from a Commercial (C) zoning district classification and use designation to a Central Business Conditioned (CB[c]) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions 1 Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky 2 Any improvements to the property will be designed to preserve the historic character of the neighborhood as it relates to architecture and landscape All parking shall be provided on the site for the development in accordance with applicable parking requirements, as if this was not a central business (CB) district SECTION 2 That the City's official zoning map is amended to show the change in zoning district classification SECTION 3 That 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 \\CH LGLW0LI\SHARRD\DEMGL\0ur D umnu O,&.a .WM 99 057 Ordinance d SECTION 4 That 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 7 PASSED AND APPROVED this the � day of 1999 JACI LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY &+ ( � I AA,4---2 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY All Page 2 EXHIBIT A Z-99-057 (201-215 E. OAK STREET) 0 689 acres All that certain lot, tract or parcel of land situated in the Hiram Sisco Survey, Abstract No. 1184, Denton County, Texas and being Tract #1 and Tract #2 as described in a deed to the First State Bank of Denton, Texas, Trustee from Thos E. Noel and wife, Fama C Noel recorded in Volume 577, page 634 of the Deed Records of Denton County, Texas and being more particularly described as one tract as follows: Beginning for the southwest corner of this tract at a point 150 0 feet East of the east boundary line of Austin Avenue, formerly called Ash Street, said point being 22 feet East and 314 feet South of the northwest corner of the Hiram Sisco Survey, Abstract No 1184, said point of beginning being obscured by a 20 inch Hackberry tree, Thence North 00 degrees 23 minutes East passing a witness pin at 6.9 feet and continuing on said course a total distance of 150 0 feet an "X" cut in concrete; Thence East 200.0 feet to an iron pin found, Thence South 00 degrees 23 minutes West 150 0 feet to an iron pin set in the ground in the north boundary line of Oak street, Thence West with the north containing acres rPet 280 more t to the place of beginning, less.