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2011-028sAlegahour documents\ordinances111W0-0013.doc ORDINANCE NO. 2011-028 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A DOWNTOWN RESIDENTIAL 1 (DR-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A DOWNTOWN RESIDENTIAL 2 (DR- 2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH AN OVERLAY, ON APPROXIMATELY 0.51 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF FANNIN STREET AND WEST OF AVENUE A; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE (Z10-0013). WHEREAS, Chris Watts, has applied for a change in zoning for approximately 0.51 acres of land legally described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter, the "Property") from a Downtown Residential 1 (DR-1) zoning district classification and use designation to a Downtown Residential 2 (DR-2) zoning district classification and use designation; and WHEREAS, on January 19, 2011, the Planning and Zoning Commission recommended approval of the change in zoning, subject to an overlay district further limiting the Property to only those residential uses which are allowed by the DR-2 base zoning. WHEREAS, the City Council finds that the change is consistent with the Denton Plan and the Development Code; 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. The zoning district classification and use designation for the Property is hereby changed from Downtown Residential 1 (DR-1) to Downtown Residential 2 (DR-2), with an overlay further limiting the Property to only those residential uses allowed in the DR-2 base zoning. Notwithstanding the attached real property description, the property being rezoned includes all property to the centerline of all adjacent street rights-of-way. SECTION 3. The City's official land use map is amended to show the change in the land use designation. 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. sAlegallour documentslordinances1111z10-0013.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 I- day of , 2011. UGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY r BY. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY s:llegal\our documents\ordinances\111210-0013.doc EXHIBIT A LEGAL DESCRIPTION Wattam Addition, Lot 3, Block 3 s:\Iegal\our documents\ordinances111\z10-0013.doc EXHIBIT B LOCATION MAP