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1965-028 AN ORDINANCE AMENDING THE zONING MAP OF THE cITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CNAPTER ~3 OF THE cODE OF oRDIN- ANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY 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 CERTAIN coNDITIONS AND RESTRICTIONS, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE cITY OF DENTON HEREBY oRDAINS sECTION I. That the Zonang Map of the City of Denton, TexaS, 1961, adopted as a part of Parts II and III of Chapter 13 of the Code of ordanances of the Caty of Denton, Texas, under the provasaons of Ordanance No 61-19 be, and the same as hereby amended as follows Ail of the hereinafter descrabed property indicated on the plat attached to this ordanance, and made a part hereof by reference as though set out an full herean, whach is desagnated on saad plat as "A-~" - Dwelling Distract, as hereby removed from the "R" - Dwellang D~stract as shown on saad map, and all proVasaons of Parts II and III of Chapter 13 of the Code of Ordinances of the Caty of Denton, TexaS, as provided by Ordznance No 61-19, shall hereafter apply to saad property ~ndl- cared on said plat as "A-2" - Dwellang D~stract zn the same manner as other property located ~n the "A-2" - Dwellang D~stract, and all of the descrlbed property ~ndlcated on the saad plat attached hereto and zncor- porated herean whach as deszgnated as "LB" - Local Busaness D~strlct, zs hereby removed from the "R" Dwellang D~stract as shown on sazd map, and all pro- vzsaons of parts II and III of Chapter 13 of the Code of Ordlnances of theClty of Denton, Texas, as pro- vlded by Ordinance No 61-19, shall hereafter apply to sa~d property as "LB" - Local Bus~ness District in the same manner as other property located in the "LB" - Local Buslness D~strlct, provided, however, as a condition to the enactment of th~s ordinance, all structures4sltua n th~s described property shall be set back a m~n~mum of f~ty feet (50') from the r~ghts-of-WaY of Interstate H~ghway 35 E and Avenue D, except that th~s fifty-foot (50') area may be used for off-street parking, driveways, s~dewalks, at least four (4) feet wide, canoples and pump ~slands, and that sa~d four-feet w~de sidewalks must be ~nstalled prior to the occupancy of any building s~tuated hereon, and that no canopy or pump island shall be located within twenty- f~ve (25) feet of interstate H~ghway 35E on the south and Avenue D on the west, no structure being allowed wlthln twenty-flve feet (25') of these two abutting streets and h~ghways It ~s understood, however, that th~s flfty-foot strlp abutting sa~d street and hlghway may be ~ncluded ~n the off-street parking requirements relating to sald property, and may be used for drlveway and acceSS purposes The validity of th~s entire ordin- ance depends and ls based upon the valld~ty of th~s set-back provision, and sa~d provision being a reason- able exerclse of the pollce powers of the Clty of Denton, Texas Ail that certain property s~tuated ~n the C~ty of Denton, Texas, known as Clty Lo~S 1, 2, 3, and 4 of City Block 395 bounded by Avenue D on the west, Kendolph Street on the east, Wllsh~re on the north, and interstate H~ghway 35 E on the south That the C~ty council of the C~ty of Denton, Texas, hereby finds that such change and condition ~s ~n accordance w~th a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, and w~th reasonable consideration, among ~other th~ngs, for the character of the d~str~ct and for ~ts peculiar suitability or particular uses, and w~th a v~eW to conserving the value of buildings, protecting human l~ves, and encouraging the most appropriate uses of land for the maximum benefit to the C~ty of Denton, TexaS, and its citizens SECTION III That thzs ordznance shall be zn full force and effect zmmed~ately after 1ts passage and approval, the requmred public hearings having heretofore been held by the planning and Zoning Commission and the C~ty Counczl /~ ~ ~ ~ A W~arren Whitson, Jr , Mayor C~ty of Denton, Texas ATTEST APPROVED AS TO LEGAL FORM