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2004-087ORDINANCE NO. dPPZ/'-- ZPg'-/ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVD]NG FOR A ZONING CHANGE FROM REGIONAL CENTER COMMERCIAL NEIGHBORHOOD (RCC-N) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 4 ACRES OF LAND LOCATED APPROXIMATELY 900 FEET EAST OF POCKRUS PAGE ROAD, ON THE NORTH SIDE OF INTERSTATE-35 EAST IN GIDEON WALKER SURVEY, ABSTRACT NO. 1330 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. (Z04-0001) WHEREAS, Scott Chancy has applied for a change in zoning for approximately 4 acres of land located approximately 900 feet east of Pockrus Page Road, on the north side of Interstate-35 East and more particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from Regional Center Commercial Neighborhood (RCC-N) zoning district classification and use designation to Regional Center Commercial Downtown (RCC-D) zoning district classification and use designation; and WHEREAS, on February 25, 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 zoning district classification and use designation of the Propertyis hereby changed from Regional Center Commercial Neighborhood (RCC-N) zoning district classification and use designation to Regional Center Commercial Downtown (RCC-D) zoning district classification and use. SECTION 2. The City's official zoning map is amended to show the change in zoning district classification. SECTION 3. 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 4. 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 5. 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~.~,~_t~day of ~///// ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: BY. ~" ~ / PAGE 2 Exhibit A £}£LD NOTES 4. 109 AL. RE.5 ' ~ ~ ~ort of tl~a~ certoin u~cf the Gideon Walker Survey, ~bstrac~ ~um~er 1530, jn th~ CRy n=.tOn Courtly, Texas. b~.~W~ot~ Volkswagen, ?c. lo Denton, ~"- ~ ~_ deed from ~o,,,,.-~ _ ~ ,,~-~e 2J04, Page of ~ond co~veY~u~.~s'Holbert recordc~ ~n ~u,~ ,~d being *more ~ L WyOJ~ one ~,,~'~' ~ n~nton County. ~ex~, .- '2,~' o~%1 property ~ecornp,..~;., ~r~rdS; Der ton County, ~ ' , ,~ ~-t~eosJ tine of ..... . .., -,~.'~.~ feet w, lb sa~u ~.~-~r ~ 49' 57' O0 w..~u.y-~ .~ Se~ /or corner; corner . , .". - Gus Company Zo ~:nderb~ Go~, Inc. conveyed by deed fr~ ~_~ne ~ ~eed Records, Donlon t. oumy. recorded in-Volume 79~. ro~e ~, - THENCE 5 62' 50' . 5 E. 191.6~ ' beieg the mo p i8 ~9" E ~00.04 ~ee~ whb tim soutt~cos,t tin~ of so~O.~,~st {~nO ol Rods to. ~r ..r~ht_Of..woy of 100,0 ee ; so~m-~ -:~ht-of-WOY t~ovtng a ~ . . THENCE S 33' 10' 25" E, 205.44 leer wi~h said "Rolls tO TI'ods ' ~ " ...... pt,ACE Ur D~ ...... said Cobb tr~c[ w 'RS AND/OR PURCHASERS OF TO T~- L[NH~O[RS AND/OR [~E.~E~Nt~ TO NATtONWiOE pRESSES suRVEYED, TO cHJCAGu ~m.~ -- coRPORATION: . on the 4th day of ' n this survey qn~ ,- t Ix~reb~ certify t~t -~ ~;.Id notes shown o -' *~e sub/oct pfope?y ;~-[he'ground es ~,J~ ~oun~ies end ~o~;~ent~' thereon ~rect ~d ~Q~ ~ ~...~ o{ bu dings o,,~ ,,,,~:_ ~,,~recUV sho~S been wised, ~ther or teach, nfs upon t~ ~ject - --Trt., by i~rov~ne~t~ ~/. ~r' o~evs by any ~mt,*~ ~ adj~ent P'_~ ~-e no conflicts o~ ~, property ~nd there u. "onc~ [he