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1966-011 AN ORDINANCE AMENDING ORDINANCE NO 65-28 WHICH AMENDED THE Z~NING MAP OF THE CITY OF DENTON, TE~S, 1961, AS SAID MAP APPLIES TO CERTAIN PROP- ERTY KNOWN AS CITY LOTS 1, 2, 3 AND 4 OF CITY BLOCK 395, AS SHOWN ON THE OFFICIAL CITY MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN, PROVIDING AND REMOVING CERTAIN CONDITIONS AND RESTRICTIONS, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Zoning Map of the City of Denton, Texas, 1961, adopted as a Part of Parts II and III of Chapter 13 of the Code of Ordinances of the City of Denton, Texas, under the provisions of Ordinance No 61-19 be, and the same Ks hereby, amended as follows Ail of the hereinafter described property indicated on the plat attached to th~s Ordinance, and made a part hereof by reference as those set out in full herein, which is designated on said plat as "A-2" - Dwelling District, ls hereby removed from the "R" - Dwelling D~strict as shown on said map, and all provisions of Parts II and III of Chapter 13 of the Code of Ordinances of the City of Denton, Texas, as provided by Ordlnanc~ No 61-19, shall hereafter apply to said property dicated on sa~d plat as "A-2" - Dwelling District in the same manner as other property located an the "A-2" Dwelling Distract, and all of the described property ~ndlcated on the said plat attached hereto and incorp- orated herein which Ks designated as "LB" - Local Business District, Ks hereby removed from the "R" - Dwelling Distract as shown on sa~d map, and all provis- ions of Parts II and III of Chapter 13 of the Code of Ordinances of the City of Denton, Texas, as provided --1-- by Ordlnanoe No 61-19, shall hereafter apply to said property as "LB" - Local Bus~ness D~str~ct ~n the same manner as other property located an the "LB" - Local Business D~str~ct, provided, however, as a condition to the enactment of thls ordinance, all structures s~tuated on the described property shall be set back a minimum of fifty feet (50 feet) from the right-of-way of Interstate ~ghway 35E and Avenue D, except that th~s f~fty foot (50) area maybe used for off-street parking, driveways, s~dewalke at least four (4) feet w~de, s~gns, canopies and pump lslands, and that sa~d four feet wade s~dewalks must be installed prior to the occupancy of any bulldlng sltuated hereon, and that no canopy, pump ~sland, or sagn shall be located wathln twenty-five (25) feet of Interstate H~ghway 35E right- of-way on the South and Avenue D on the West, no structure being allowed w~than twenty-flve feet (25) of these two abutting streets and h~ghways It ~s under- stood, however, that th~s fifty foot str~p abuttlng sa~d street and h~ghway maybe ~ncluded ~n the off-street parking requirements relatlng to sa~d property, and maybe used for driveway and access purposes as well as the purposes enumerated above The validity of thls entire Ordinance depends and ~s based upon the validity of th~s set back prov~slon, and such provlslon lsa reasonable exerclse of the Police Powers of the City of Denton, Texas Ail that certain property s~tuated in the City of Denton~ County of Denton, State of Texas, known as C~ty Lots 1, 2, 3, and 4 of C~ty B~ock 395 bounded by Avenue D on the West Kendolph Street on the Easti Wllsh~re on the North, and Interstate H~ghway 35E on the South --2-- SECTION II Ordinance No 65-28 passed by the Council of the C~ty of Denton, Texas, on the 14th day of September, A D 1965, ~s hereby expressly repealed, and the prov~szons of th~s Ordin- ance are made retroactive to that date SECTION III That the C~ty Counczl of the Czty of Denton, Texas, hereby fznds that such change ~n condat~on as ~n accordance wath a comprehensive plan for the purpose of promotang the general welfare of the Czty of Denton, Texas and w~th reasonable con- smderat~on, among other th~ngs, for the character of the dlstrzct and for ~ts peculzar su~tab~lzty or particular uses, and wmth a v~ew to conservzng the value of buzldlngs, protectzng human laves, and encouraging the most appropraate uses of land for the maximum benefmt to the C~ty of Denton, Texas, and its cztazens SECTION IV That th~s ordznance shall be ~n full force and effect ~mmedlately after ~ts passage and approval, the requared publzc hearmngs having heretofore been held regarding the change zn the Zonang of this property PASSED AND APPROVED th~s ~ay of March, A D 1966 Warren Whltson, Jr , Mayor Czty of Denton, Texas ATTEST C~ty of Denton, Texas APPROVED AS TO LEGAL FORM -3-