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1998-007AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM TWO FAMILY (2F) ZONING DISTRICT CLASSIFICATION TO COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, AND IMPOSING CONDITIONS FOR 0 80, ACRES OF LAND LOCATED ON THE NORTH SIDE OF PARKWAY STREET, BETWEEN CARROLL BOULEVARD AND BOLIVAR STREET, PROVIDING FOR A PENALTY IN THE MAXIM[Wi AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Mr Larry Hughey, on behalf of Mr Herbert Church, amtlated a change an zomng for 0 80 acres of land from Two Famaly (2F) zomng dasmet elassafieatlon and use desagnatlon to Commorcaal (C) zomng d~smct classxficat~on and use desagnatlon, and WHEREAS, on December 10, 1997, the Planmng and Zoning Commasslon recommended approval of the requested change m zonmg, and WHEREAS, the C~ty Council finds that the change an zomng will be m comphance w~th the Denton Development Plan, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS S~CTION I That the zomng district classification and use designation of the 0 80 acres (Exbablt A) of land l~own as Lot 4, Block 1, of the Barbs Addition and Tract 2, of the Wflham Nefll Survey, is changed from Two Family (2F) zomng chstrlct classlficat~un and use designation to Commerctal (C) zoning d~stnct classification and use designation, under the comprehensave zomng ordinance of the C~ty of Denton, Texas SECTION II That the 0 80 acres (Exhxb~t A) shall be subject to the following conditions a That no bmlthng with a metal exterior shall be constructed on this sxte b That the current accessory bmldmg on the site shall only be used for storage purposes ~ That the C~ty's official zoning map ~s hereby amended to show the change in zomng d~stnct classification ~ That any person vaolatmg any provasaon of flus ordinance shall, upon convactaon, be fined a sum not exceeding $2,000 00 Each day that a provlsaon of this ordananee as wolated shall constatute a separate and dtstmct offense SECTION V That flus ordinance shall become effective fourteen (14) days from the date of~ts passage, and the Cxty Secretary ~s hereby dareeted to cause the captaon of flus ordinance to be pubhshed twice an the Denton Reeord-Chromele, a dmly newspaper pubhshed an the City of Denton, Texas, w~tl~n ten (10) days of the date of its passage PASSED AND APPROVED tlus the &~-'~/~ day of ~, 1998 ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY EXHIBIT A ALL THAT, CFRTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE ROBERT BEAUMONT SURVEY, ABSTRACT No 31, DEN'ION COUNTY, TEXAS, AND BEING PART OF LOT 4, BLOCK 1, OF THE BARBS ADDITION, AN ADDITION TO THE CITY OF DENTON, TEXAS, ACCORDING TO TI~ PLAT THEREOF RECORDED IN VOLUME Q, PAGE 136, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND DESCRIBED IN A DEED TO HERBERT S CHURCH, Jr, RECORDED IN VOLUME 332, PAGE 350, DEED RECORDS, DENTON COUNTY, TEXAS, AN[) BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A FOUND l/2 INCH IRON ROD AT THE NORTHEAST CORNER OF LOT 4, BLOCK 1, OF SAID ADDITION, AT THE NORTHWEST CORNER OF LOT 1, AND THE SOUTHWEST CORNER OF LOT 2, ALSO BEING THE SOUTHEAST CORNER OF LOT 3 OF SAID ADDITION, THENCE SOUTH 00 DEGREES 42 MINUTES 24 SECONDS WEST WITH TH~ EAST LINE OF LOT 4 AND THE WEST LINE OF LOT 1, A DISTANCE OF 160 00 FEET TO A FOUND 1/2 INCH IRON ROD AT THE SOUTHEAST CORNER OF LOT 4, AND THE SOUTHWEST CORNER OF LOT 1 OF SAID ADDITION, ON THE NORTH LINE OF SAID CHURCH TRAC1, THENCF SOUTH 89 DEGREES 24 MINUTES 58 SECONDS EAST WITH THE NORTH I [NE OF SAID CHURCH TRACT, A DISTANCE OF 10 00 FEET TO A FOUND 1/2 INCH IRON ROI), THENCE SOUTH 00 DEGREES 42 MINUTES 24 SECONDS WEST, A DISTANCE OF $7 54 FEET TO A FOUND 1/2 INCH IRON ROD AT THE SOUTHEAST CORNER OF SAID CHURCH TRACT ON THE NORTH RIGHT-OF-WAY OF PARKWAY STREET, THENCE NORTH 89 DEGREES 07 MINUTES 48 SECONDS WEST WITH THE SOUTH LINE OF SAID CHURCH TRACT AND THE NORTH RIGHT-OF-WAY OF PARKWAY STREET, A DISTANCE OF 56 28 FEET TO A SET 1/2 INCH IRON ROD, THENCE NORTH g0 DEGREES 44 MINUTES 04 SECONDS WEST WITH THE SOUTH LINE OF SAID CHURCH TRACT AND THE NORTH RIGHT-OF-WAY OF PARKWAY STREET, ~ DISTANCE OF 30 57 FEET TO A FOUND 1/2 INCH IRON ROD, ON THE EAST LINE OF A TRACT OF LAND DESCRIBED IN A DEED TO THE CITY OF DENTON, RECORDED IN VOLUME 297, PAGE 395, DEED RECORDS, DENTON COUNTY, TEXAS, THENCE NORTH 33 DEGREES 16 MINUTES 36 SECONDS WEST WITH THE NORTH i [NE OF SAID CITY OF DENTON TRACT, A DISTANCE OF 112 23 FEET TO A FOUND 1/2 INCH IRON ROD, THENCE NORTH 38 DEGREES 40 MINUTES 14 SECONDS WEST WITH THE NORTH LINE OF SAID CITY OF DENTON TRACT, A DISTANCE OF 38 22 FEET TO A FOUND EXHIBIT A 1/2 INCH ~RON ROD ON THE WEST LINE OF SAID LOT 4, AND THE EAST LINE OF LOT 6, OF SAID BARBS ADDITION; THENCE NORTH 00 DEGREES 54 MINUTES 24 SECONDS EAST, WITH THE WEST LINE OF EOT 4, AND THE EAST LINE OF LOT 6 OF SAID ADDITION, A DISTANCE OF 118 20 FEET TO A FENCE CORNER POST AT THE NORTHWEST CORNER OF LOT 4, AND THE NORTHEAST CORNER OF LOT 6 ALSO BEING THE SOUTHWEST CORNER OF I,OT 5 AND THE SOUTHEAST CORNER OF LOT 3, OF SMD ADDITION, THENCE EAST WITH THE NORTH LINE OF LOT 4 AND THE SOUTH LINE OF LOT 3, OF SAID BARBS ADDITION, A DISTANCE OF 163 09 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 0 80 ACRES OF LAND