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2004-351 ORDINANCE NO. cJ 00/ -317/ AN ORDINANCE AMENDING THE LAND USE PLAN ELEMENT OF THE DENTON PLAN 1999-2020 FOR THE CITY OF DENTON, TEXAS FROM NEIGHBORHOOD CENTERS TO COMMUNITY MIXED USE CENTERS PETAINING TO APPROXIMATELY 2.0 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF E. MCKINNEY STREET AND 700' WEST OF LOOP 288; PROVIDING A SAVINGS AND REPEAL CLAUSE; A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (CA04- 0002) WHEREAS, Brad Springer applied for a comprehensive plan amendment to the land use plan element of the Denton Plan for approximately 2.0 acres of land, which is more particularly described in Exhibit "A" attached hereto and made a part hereof by reference, from Neighborhood Centers to Community Mixed Use Centers (the "Land Use Plan Amendment"); and WHEREAS, on December 7, 1999, the City of Denton adopted the Denton Plan, 1999- 2020; and WHEREAS, on September 22, 2004, the Planning and Zoning Commission held a public hearing and recommended approval of the Land Use Plan Amendment; and WHEREAS, the City Council, after a public hearing on November 2,2004, finds that the recommended Land Use Plan Amendment is in the best interests of the health, safety and general welfare of the citizens of the City of Denton, Texas; 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 City Council hereby approves the Land Use Plan Amendment to the Denton Plan, 1999-2020. SECTION 3. All ordinances or parts of ordinances in force when the provisions of this ordinance became effective, which are inconsistent or in conflict with the terms or provisions contained in this ordinance, are hereby repealed to the extent of any such conflict only. The non- conflicting sections, sentences, paragraphs, and phrases shall remain in full force and effect. 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. The City staff is directed to change the land use plan map to the Denton Plan in conformity with the Land Use Plan Amendment. Until such map change is made a copy Page I of this ordinance shall be attached to the Denton Plan, 1999-2020 showing the Land Use Plan Amendment. SECTION 6: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ;;d day of ~ M ~ ,2004. C~~JL EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY~\h ~)" ~~h, A APPROVED AS TO LEGA FORM: HERBERT L. PR Y, C Y ATTORNEY BY: Page 2 EXHIBIT "A" The Land Use Plan Amendment encompasses approximately 2.0 acres, which is legally described as Lot I, Block A, Putt-Putt Golf and Games Addition in the City of Denton, Denton County, Texas and the location of which is generally depicted on the Location Map. LOCATION MAP . <:I ~ - ~Jl l!!I <:I ~ NRMU <:I I. <:I <:I ,,~ ) <:I <:I " M \ 11.- " m ~ I!I Page 3