2004-296AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM DOWNTOWN RESIDENTIAL 2 (DR-2) ZONING DISTRICT TO THE
DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION FOR APPROXIMATELY 3.6 ACRES OF LAND LOCATED
APPROXIMATELY 300 FEET WEST OF BONNIE BRAE, ON THE SOUTH SIDE OF OAK
STREET IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
(Z04-0030)
WHEREAS, 2401 West Oak Ltd. has applied for a change in zoning for approximately 3.6
acres of land located approximately 300 feet west of Bonnie Brae, on the south side of Oak Street
and more particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit
"A" (the "Property") from Downtown Residential 2 (DR-2) zoning district to Downtown
Commercial General (DC-G) zoning district classification and use designation; and
WHEREAS, on August 11, 2004, the Planning and Zoning Commission recommended
approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change is consistent with the Comprehensive
Plan; 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.
SECTION 2. The zoning district classification and use designation of the Propertyis hereby
changed from Downtown Residential 2 (DR-2) zoning district to Downtown Commercial General
(DC-G) zoning dish-ict classification and use.
SECTION 3. The City's official zoning map is amended to show the change ~n zoning
district classification.
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 provisions of this ordinance are severable.
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.
theVCfd yo ^
PASSED AND APPROVED this ~ f/~Y~D~:f_.~,
2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~'
PAGE 2
~XHTBIT
A/1 ~hat certain tract or parcel of land lying in the ~ug~ne PuchalsXl
survey, Abstract 996, C~ty of Den~on, Denton Co~=y~ Texas,'and .being ~e
same trac~ sh~ by deed from Bon~z~ Pr~y, LTD., to Bonanza Ap~ts,
Ltd., on ~e 9th day of May ~986, recorde~ ~ vol~e lS83~ Page 731~ Real
a Trustss ~ed from =a~es A. ClOne, a~ T~ee to ~lt~anc sav~gs
Association on ~he 9~ day of ~anuary 198~, recorded in Vol~e 2305~' Page
2~2, ~al . Prop~ ~cords of Den~on Co~ty, T~s, and being more
pa~ioularly desk,ad as fo11~s~
Beginning at an iron pin at the southwest corner of s~d Bonanza tract and
being North 60 degrees 31 m~nutes 43 seconds Wast 107.05 feet and N0~ch 89
degrees 57 minutes 34 ascends West 1179..61 feet from the intersection of
West line of Bonnie Brae and the Sou~hline of West Hickory Street;
Thence Not, Ih 00 degrees 52 minutes 20 seconds West with the West line of said
Bonanza tract a distance of 150.10 feet to an iron pin on the South line of
west Oak Street at ~he Northwest corner of ~aid Bonanza traot~
Thence Sou~h gO degrees 00 minutes oo seconds ~aa~ with the South line of
West Oak Street and the North line of said Bonansa tract a d~stance of 914.85
feet to en iron pin a~ the Neath Northea=t corner of said Bonanza trao~;
wear Hickory Street a distance of 306.74 feet to a~ iron p~n at the
Easternmoat corner of said Bonanza tract~
Thence North 89 degrse~ 57 m~nutes 34 ~econd~ West with the South line of
sai~ Bonanza tract a distance of 1179.61 feet to the Point of Bag~nning and
Conta£ning ~n all 3.6168 acres of land, more or less.
NOTE:
THE COMPANY DOES NOT R~RESENT THAT THE ABOVE ACREAGE OR s~UAR~
FOOTAGE CALCULATIONS ARE CORRECT.
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