2011-043sAlegallour documentslordinances1111x10-0007.doc
ORDINANCE NO. 2011-043
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC
USE PERMIT FOR A THEATER TO BE LOCATED ON APPROXIMATELY 1.27
ACRES OF PROPERTY LOCATED WITHIN A DOWNTOWN COMMERCIAL
GENERAL (DC-G) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION, GENERALLY LOCATED ON THE SOUTH SIDE OF EAST
HICKORY STREET, APPROXIMATELY 200 FEET WEST OF BELL STREET,
WITHIN THE ORIGINAL TOWN OF DENTON ADDITION, IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE. (S 10-0007)
WHEREAS, the Denton Community Theatre, has applied for a Specific Use
Permit to allow a theater use on approximately 1.27 acres of land within a Downtown
Commercial General (DC-G) zoning classification and use designation, legally
described in Exhibit "A", attached hereto and incorporated herein by reference
(hereinafter, the "Property"); and
WHEREAS, on January 5, 2011, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommended approval of the requested Specific Use
Permit; and
WHEREAS, the City Council finds that the request is consistent with the Denton Plan
and the Development Code, specifically finding that the requirements of §35.6.4 are
satisfied by the proposal; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true.
SECTION 2. A Specific Use Permit to allow a theater on the Property is hereby
approved, subject to the following condition:
1. The size of the theater shall not exceed 4,000 square feet within the subject site.
SECTION 3. The Specific Use Permit location map attached hereto and incorporated
herein as Exhibit "B", is hereby approved for the property described in the caption of this
ordinance.
SECTION 4. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provision of this ordinance are severable.
sAlegahour documents\ordinances\11\s10-0007.doc
SECTION 5. 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 6. 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
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY -ATTORNEY
BY(-
_'2011.
MARK
, MAYOR
sAlegal\our documents\ordinances111\s10-0007.doe
LEGAL DESCRIPTION
EXHIBIT A
Original Town, Block 21, Lots 1, 2, 5 and 6.
sAlegal\our documents\ordinances\l l\s 1 0-0007.doc
EXHIBIT B
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