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1996-024AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY RESIDENTIAL (SF-10) ZONING DISTRICT CLASSIFI- CATION AND USE DESIGNATION TO THE OFFICE CONDITIONED (O[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0 7656 ACRES OF LAND LOCATED AT 1100 BONNIE BRAE STREET, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Dr John Kozura, III, has applied for a change in zoning for 0 7656 acres of land from the Single Family Residential (SF-10) zoning district classification and use designation to the Office conditioned {O[c]) zoning district classification and use designation, and WHEREAS, on January 10, 1996, the Planning and Zoning Commis- sion recommended approval of the requested change in zoning, and WHEREAS, the City Council finds that the change in zoning will be in compliance w~th the Denton Development Plan, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the zoning district classification and use designation of the 0 7656 acres of land described as in Exhibit 1, attached hereto and incorporated into this ordinance by reference, is changed from the Single Family Residential (SF-10) zoning d~strlct classification and use designation to the Office condi- tioned (O[c]) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, condltloned as set forth below 1 NO further paving (whether concrete or asphalt) may be placed on the property 2 Maximum building footprint of 3,300 square feet 3 L~ghtlng on the parking lot or building shall be designed and malnta~ned so as not to directly Illuminate, or produce intense glare upon, adjacent properties, nor be of such intensity as to create a nuisance or detract from the use and en]oyment of adjacent property 4 Only one sign may face Bonnie Brae, limited in size and area to that of the existing sign, measuring eight feet in height and thirty-four square feet (34 ft 2) in area Ail other signs shall conform to the City's sign ordinance, as subsequently amended 5 Owner shall comply with City landscape regulations as amended, specifically, but without limitation, §§31-59 and 31-60 of the current Code of Ordinanc- es 6 The uses contained w~thln the list of prohibited uses attached hereto and incorporated by reference here~n as Exhibit 2, are prohibited within thls district SECTION II That the City's official zoning map is amended to show the change in zoning district classification SECTION III That any person violating any provision of this ordinance shall, upon conv~ctlon, 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 IV That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of th~s ordinance to be published twice an the Denton Record-Chronicle, a dally newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage PASSED MD APPROVED this the--'~ ;~ day of _~~, 1996 EOB CASTLEBERRY,/O -..... ATTEST JENNIFER WALTERS, CITY SECRETLY H~RBERT L PROUTY, CITY ATTORNEY //~ PAGE 2 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE ROBERT BEAUMONT SURVEY ABSTRACT NUMBER 31 CITY AND COUNTY OF DENTON TEXAS AN0 BEING PART OF A (CALLED) 1 616 ACRE TRACT AS DESCRIBED IN A DEED FROM CHARLES E EWlNG AND WIFE LEONA O EWlNG TO BOBBY D WILLIAMS E F CANTRELL AND C E LANE TRUSTEES OF THE DENTON CONGREGATION OF JEHOVAS WITNESSES ON THE 6TH DAY OF NOVEMBER 1972 RECORDED IN VOLUME 659 RAGE 352 DEED RECORDS OF ~AIO COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS LOT 3 BEGINNING AT AN IRON PIN FOUND IN THE NORTH BOUNDARY LINE OF CRESCENT STREET AT THE SOUTHEAST CORNER OF SAID 1 616 ACRE TRACT SAME BEING THE SOUTHWEST CORNER OF LOT BLOC~' "F" OF THE BELLEMEADE ADDitiON AN ADDITION TO THE CI~/ AND COUNTY OF DENTON TEXAS ACCORDING TO THE PLAT RECORDE3 IN CABINET A PAGE 192 PLAT RECORDS OF SAID COUNTY THENCE SOUTH 89 DEGREES O0 MINUTES 04 SECONDS WEST WITH THE NORTH LINE OF SAID CRESCENT STREet A DISTANCE OF 168 4.3 FEET TO A PKNAIL FOUND AT THE SOUTkJWEST CORNER OF SAID 1 616 ACRE TRACT AT THE INTERSECTION OF THE EAST LINE OF BONNIE iSRAE STREET AND THE NORTH LINE OF CRESCENT STREET THENCE NORTH O0 DEGREES 55 MINUTES 24 SECONDS EAST WITH THE EAST LINE OF BONNIE BRAE STREET A DISTANCE OF 201 61 FEET TO AN IRON PIN FOUNO FOR CORNER ~,OT 2 THENCE NORTH B9 DEGREES 28 MINUTES 00 SECONDS EAST PASSING AT 1200 FEET THE SOUTHWEST CORNER OF LOT .3 OF THE JANKE ADDITION AN ADDITION TO THE CITY AND COUNTY OF DENTON YEXAS ACCORDING TO THE PLAT RECORDED IN CABINET I PAGE 86 PLAT RECORDS OF DENTON COUNTY TEXAS AND CONTINUING iN ALL A TOTAL D~STANCE OF 161 8B FEET TO AN IRON PIN FOUND AT THE SOUTHEAST CORNER OF LOT 3 OF SAID JANKE ADDITION SAME POINT BEING IN THE WEST BOUNDARY L~NE OF BLOCK "f" OF SAID BELLEMEADE ADDITION THENCE SOUTH '1 DEGREES 45 MtNJTES ~7 $[CON2b ~-AST ~TH T~F WFqT ........ ~-.~ ,~c C~L~L.N r Or ~A,U CELLEMEADE ADDITON A DISTANCE CL~ 9 52~ FEE~ TO AN IRON PIN FOUND FOI~ CORNER THENCE SOUT,~L_00_DEGREES 24/MINUTES 11 SECONgS EAST WITH THE WEST LINE OF BLO~ BELLEMEADE ADDITICN A DISTANCE OF 190 84 FEET TO TF~E-~OINT OF BEGINNING AND CONTAINING iN ALL 0 7656 ACRE OF LAND LOT I $URVE'~OR S CERTIFICATE POINT O? , GARY w HAMMETT DO HEREBY CER*IFY THAT TH g SURWEY WAS THIS DAY MADE ON 'HE GROUND OF THE PROPER~ OESC:I~ED HEREON AND THERE ~[,~r[~ ARE NO (VLSI8 LE) ENCROACHMENTS P~O TRIjSIC ~ O~E~PP[NG OF ~ ~MPR~ EASEMENTS EYCEPr AS SHOWN HEP:~N Z-95-038 LIST OF PROHIBITED USES Community Unit Development Dormitory, Boarding or Rooming House Hotel or Motel Art Gallery or Museum Day Nursery or Kindergarten School Group Homes Halfway House Restaurant Hospital (General Acute Care) Hospital (Chronic Care) Pubhc L~brary Monastery or Convent Nursing Home or Residence Home for Aged Occasional Sales Park, Playground or Pubhc Community Center School, Pubhc or Denominational Accessory Building Community Center (Pnvate) Electncal Substation Electrical Transmission L;ne Temporary Field or Construct;on Office Fire Station or S~m~lar Public Safety Building Gas Transmission L~ne and Metering Station Off-Street Parking Incidental to Mare Use Off-Street Remote Parking Sewage Pumping Stabon Pnvate Swimming Pool Telephone, Bus~ness Off;ce Water Reservoir, Water Pumping Stat;on or Well Country Club (Pnvate) w~th Golf Course Public Golf Course Pubhc Park or Playground Pubhc Playfleld or Stadium Sw~m or Tennis Club Railroad Track or R~ght-of-Way An~mat Chnlc or Hospital (No outside runs or pens) Farm or Ranch Cemetery or Mausoleum Fraternity, Soronty, Lodge or Civic Club Home for Care of Alcoholic, Narcotm or Psychiatric Patients Pubhc Building, Shop, yard of Local, State or Federal Government Radio and/or Television M~crowave Tower Water Treatment Plant Airport Landing Field or Hehport Commercial Parking Lot or Structure Cafetena ~ Mortuary or Funeral Parlor