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2004-352 - ORDINANCE NO. ,J, r}()/- 35,J, AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO COMMUNITY MIXED USE GENERAL (CM-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 2 ACRES OF LAND LOCATED GENERALLY ADJACENT TO THE SOUTH LINE OF MCKINNEY STREET, APPROXIMA TEL Y 700 FEET WEST OF LOOP 288 AND LEGALLY DESCRIBED AS LOT 1, BLOCK A, PUTT-PUTT GOLF AND GAMES ADDITION 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. (Z04-0032) WHEREAS, Brad Springer has applied for a change in zoning for approximately 2 acres of land legally described as Lot I, Block A, Putt-Putt Golfand Games Addition, an addition to the City of Denton, Texas (the "Property") from Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation to Community Mixed Use General (CM-G) zoning district classification and use designation; and WHEREAS, on September 22, 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 ofthe Property is hereby changed from Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation to Community Mixed Use General (CM-G) 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. 1/Ld L/J PASSED AND APPROVED this the KL..= day of / ['M h7AeA./ ,2004. C~ImL EULINE BROCK, MAYOR ATTEST: JENNIFER W ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PRO :ry, ITY ATTORNEY BY: Page 2