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2017-042, 717 W Oak 5:\Legal\Our Documents\Ordinances\17\HLC W Oak Ordinance,docx ORDINANCE NO. 01 -04 ' AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE PROPERTY LOCATED AT 717 WEST OAK STREET, LEGALLY KNOWN AS MCKENNON LOT 6(NW PT) 3/329///NEILL AB 971), A HISTORIC LANDMARK UNDER SECTION 35.7.6 OF THE DENTON DEVELOPMENT CODE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ( L16-0005) WHEREAS, Donna and John Morris have applied for historic landmark designation for the property located at 717 West Oak Street, legally known as McKennon Lot 6(N PT) 3/329///Neill AB 971), (hereinafter, the "Property") and WHEREAS, both the Historic Landmark Commission and the Planning and Zoning Commission have found that property located at 717 West Oak Street, meets the following criteria for historic landmark designation as listed in Section 35.7.6.4.13 of the Denton Development Code; 1. Embodiment of distinguishing characteristics of an architectural type or specimen; and 2. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic, or cultural motif; and 3. Identification with a person who significantly contributed to the culture and development of the city, state, or United States. WHEREAS, on September 12, 2016, the Historic Landmark Commission held a public meeting as required by law, and upon conclusion recommended approval of the requested Historic Landmark designation; and WHEREAS, on November 30, 2016, the Planning and Zoning Commission held a public hearing as required by law, and upon conclusion recommended approval of the requested Historic Landmark designation; and WHEREAS, on February 7, 2017, the City Council held a public hearing as required by law, and upon conclusion recommended approval finding the request is consistent with Section 35.7.6 of the Development Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SIC 1JON 1. The property located at 717 West Oak Street, legally known as McKennon Lot 6(NW PT)3/329///Neill AB 971),is hereby designated as a historic landmark under Section 35.7.6 of the Denton Development Code. SECTION 2, The Property shall be indicated upon the zoning map of the City of S:\Legal\Our Documents\Ordinances\17\HLC W Oak Ordinance.dou Denton as a historic Landmark by the letter "H", and the Property shall be subject to all terms, provisions, and requirements of Section 35.7.6 of the Denton Development Code and such designation shall be in addition to any other use designation established in the City's zoning ordinance applicable to such property. SECTION 3. 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 4. 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 the day of FArti 20J,7, ... ....WATTS, .......... (11 R W/A T T S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Ile BY: