1999-352AN 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 zomng for 0 70 acres of land from a
Commercial (C) zomng district classffieatton and use designation to a Central Busmess (CB) zoning
dlsmct classification and use designation, and
WHEREAS, on August 25, 1999, the Planmng and Zomng Commission recommended
approval of the requested change in zomng, and
WHEREAS, the City Council finds that the change ~n zomng will be in compliance w~th 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
~ 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 Commercml (C) zoning district classfficaUon and use designation to a Central
Business Conditioned (CB[c]) zoning district classlficatton and use designation under the
comprehensive zomng ordinance of the City of Denton, Texas, sub3ect to the following contht~ons
1 Lighting on the property shall be designed and malmalned so as not to shine on or otherwise
disturb, surrounding residential property or to sh~ne and pro3ect upward to prevent the
d~ffuslon into the night sky
2 Any improvements to the property will be designed to preserve the historic character of the
neighborhood as ~t relates to arclutecture and landscape
3 All parking shall be prowded on the site for the developmem ~n accordance w~th apphcable
parking requirements, as ~f this was not a central business (CB) district
~ That the City's official zoning map is amended to show the change ~n zomng
district classfficatlon
~ That any person molat~ng any prowmon of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000 00 Each day that a prows~on of this ordinance is
wolated shall constitute a separate and distinct offense
~ That this ordinance shall become effective fourteen (14) days from the date
of its passage, and the City Secretary is hereby dtrected to cause the caption of this ordinance to be
published twice m the Denton Record-Chronicle, a dmly newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage
PASSED AND APPROVED thts the cji/-- day ~~ ,1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2
EXHIBIT A
Z-99-057 (201-215 E. OAK STREET)
0 689 acres
Ail that certain lot, tract or parcel of land situated in the Hiram
Slsco 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 w~fe, 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 SlSCO 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 wlth the north boundary line of Oak Street 200 0 feet
to the place of beginning, containing 0.689 acres of land, more or
less.