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HomeMy WebLinkAbout2004-296ORDINANCE NO. AiVV - ,,;7,q �O AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM DOWNTOWN RESIDENTIAL 2 (DR-2) ZONING DISTRICT TO THE DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 3.6 ACRES OF LAND LOCATED APPROXIMATELY 300 FEET WEST OF BONNIE BRAE, ON THE SOUTH SIDE OF OAK STREET IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0030) WHEREAS, 2401 West Oak Ltd. has applied for a change in zoning for approximately 3.6 acres of land located approximately 300 feet west of Bonnie Brae, on the south side of Oak Street and more particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from Downtown Residential 2 (DR-2) zoning district to Downtown Commercial General (DC-G) zoning district classification and use designation; and WHEREAS, on August 11, 2004, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change is consistent with the Comprehensive Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The zoning district classification and use designation of the Property is hereby changed from Downtown Residential 2 (DR-2) zoning district to Downtown Commercial General (DC-G) zoning district classification and use. SECTION 3. The City's official zoning map is amended to show the change in zoning district classification. SECTION 4. If any provision of this ordinance 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 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 6. 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. PASSED AND APPROVED this theo?�s day of 0.6 p,M& 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY IVATe0w, 07/22/2004 15:45 19403809500 JV STRANGE PAGE 02 EXHIBIT "An All that certain tract or parcel of land lying in the Eugene Puchalski Survey, Abstract 996, City of Denton, Denton County, Texas, and .being the same tract shown by deed from Bonanza Property, LTD., to Bonanza Apartments, Ltd., on the 9th day of May 1906, recorded in volume 1883, Page 731, Real Property Records of Denton County, Texas, and being the same tract shown in a Trustee' Deed from James A. Cline, as Trustee to Multibanc savings Association on the. 9th day of January 1900, recorded in Volume 2305,'Page 232, Real .Property Records of Denton County, Texas, and being more particularly described as follows) Beginning at an iron pin at the southwest corner of said Bonanza tract and being North 60 degrees 31 minutes 43 seconds West 107.05 feet and North 89 degrees 57 minutes 34 seconds West 1179.61 feet from the intersection of the West line of Bonnie Brae and the South line of West Hickory Street; Thence North 00 degrees 52 minutes 20 seconds West with the West line of said Bonanza tract a distance of 150.10 feet to an iron pin on the South line of west Oak Street at the Northwest corner of said Bonanza tracts Thence South 90 degrees 00 minutes 00 seconds East with the South line of West Oak Street and the North line of said Bonanza tract a distance of 914.85 feet to an iron pin at the North Northeast corner of said Bonanza tracts Thence South 60 degrees 31 minutes 43 seconds East with the South line of West Hickory Street a distance of 306.74 feat to an iron pin at the Easternmost corner of said Bonanza tracts Thence North 89 degrees 57 minutes 34 seconds West with the South line of said Bonanza tract a distance of 1179.61 feet to the Point of Beginning and Containing in all 3.6168 acres of land, more or less. NOTE: THE COMPANY DOES NOT REPRESENT THAT THE A80VE ACREAGE OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. I hsued by. SAFECO LAND TITLE OF DAL AS 8080N.Central7c ....