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2005-178 S:\Our Documents\Ordinances\O5\ZO5-0008,doc ORDINANCE NO. rß () () 5'- /7 ø AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM THE REGIONAL CENTER RESIDENTIAL 1 (RCR-1) ZONING DISTRICT TO THE REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) ZONING DISTRICT FOR APPROXIMATELY 2.456 ACRES OF LAND LOCATED ON POCKRUS PAGE ROAD APPROXIMA TEL Y 700 FEET EAST OF THE FRONTAGE ROAD OF INTERSTATE 35E, 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. (Z05- 0008) WHEREAS, Scott Chaney, Property Owner has applied for a change in zoning for approximately 2.456 acres of land located on Pockrus Page Road approximately 700 feet east of Interstate 35E Frontage Road and more particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from Regional Center Residential I (RCR-I) zoning district to Regional Center Commercial Downtown (RCC-D) zoning district classification and use designation; and WHEREAS, on May 25, 2005, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning is consistent with the Denton Comprehensive Plan 1999-2020; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. 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 property is hereby changed from Regional Center Residential 1 (RCR-1) zoning district to Regional Center Commercial Downtown (RCC-D) zoning district classification and use. SECTION 3. The City's official zoning map is amended to show the change in 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. 15f c; PASSED AND APPROVED this the eX 1.--- day of ilIlL ,2005. ¿~~~- EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY "y\,,~'t Ù~U:9W APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY: 'DO"'ð~~~ ¡ 2 EXHIBIT "A" FIELD NOTES 2.456 ACRES BEING all that certain lot, tract or parcel of land situated in the Gideon Walker Survey Abstract Number 1330 in the City of Denton, Denton County, Texas, being all that certain tract of land conveyed by deed from Lone Star Gas Company to Enderby Gas, Inc., recorded in Volume 759, Page 433, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at an iron rod set for corner in the south line of Pockrus Page Road, a public roadway, said point being the most northerly northeast corner of Lot 1, Block A of House Smart Addition, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet U, Page 464, Plat Records, Denton County, Texas; THENCE S 8r 13; 14" E, 255.00 feet with said south line of said Pockrus Page Road to an iron rod set for corner in the west line of "Rails to Trails" Reserve, and abandoned railroad right-of-way described under Document Number 2004-101817, Real Property Records, Denton County, Texas; THENCE S 3r 53' 58" E. 400.00 feet with said west line of said "Rails to Trails" Reserve to an iron rod set for corner, said point being the northernmost corner of Lot 1, Block 1 of Nationwide Housing Addition, and addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet P, Page 277, Plat Records, Denton County, Texas; THENCE S 61 ° 17' 37" W, 100.00 feet with a north line of said Lot 1 of said Nationwide Housing Addition to an iron rod found for corner at an inner ell of said Nationwide Housing Addition; THENCE N 62° 52' 51" W, 191.66 feet with said north line of said Lot 1 of said Nationwide Housing Addition to an iron rod found for corner, said point being the northeast corner of Lot 2, Block 1 of Nationwide Housing Addition, an addition to the City of Denton, Denton County, Texas acc,ording to the plat thereof recorded in Cabinet U, Page 949, Plat Records, Denton County, Texas; THENCE N 62° 47' 07" W, 381.79 feet with the north line of said Lot 2 of said Nationwide Housing Addition and with a north line of said House Smart Addition to an iron rod found for corner at an inner ell of said House Smart Addition; THENCE N 40° 29' 50" E, 150.00 feet with an east line of said House Smart Addition to the PLACE OF BEGINNING and containing 2.456 acres of land. 3