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2003-007OPd)INANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM DOWNTOWN RESIDENTIAL 1 (DR-I) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 0.3 ACRES OF LAND COMMONLY KNOWN AS 715, 716, AND 808 PACIFIC STREET AND GENERALLY LOCATED BETWEEN CARROLL BOULEVARD AND PACIFIC STREET APPROXIMATELY 200 FEET NORTH OF EAGLE DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0042) WHEREAS, the City of Denton initiated a change in zoning for approximately 0.3 acres of land more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property") from Downtown Residential 1 CDR-l) zoning district classification and use designation to Downtown Commercial General (DC-G) zoning district classification and use designation; and WHEREAS, on December 4, 2002, the Planning and Zoning Commission concluded a public heating as required by law, and recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning 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 for the Property is hereby changed from Downtown Residential 1 CDR-l) zoning district classification and use designation to Downtown Commercial General CDC-G) zoning district classification and use designation. Notwithstanding the above Property description, the property being rezoned includes all property to the centerline of all adjacent street rights-of-way. 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 $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. Page 1 of 2 SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. ,/. PASSED AND APPROVED this the ~ day of , 20i3' ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 of 2 DENTON Exhibit A I£DAL D~cSDRIPTIDIV fur a Oo~g afl Rat c~ain traa~ parcel er llt of/and oat af the Wm. lOVllV~ ~U~V A.7Sg ~ ~ ~?~ of Oenton, De, an Coun~ Texa~ that ~ t~e mst reminder percd~ ~ o/tta~ ~a~r~e~ ~y ~e~s ~corda~ in Folu~ ~95, Page 128, Volume ~ Page 82 and Volume ?&~, PaOo ~7~, Deed Recerd~ Denton Canary, Te~s and m~e pa~icolat~ de~r/~gd as fdliw~: leaving the ~£d ea~ ~f~ht~f. way line al CarrolI Bmlavard and wit~ Ma so,et) Ilia uf let 1, Black A, CAIIIIgLL PL4C£ TJ~O, IV ~E° lB' 21 ' £ o Estance of 29, 48 feet to an angle point; lot at 4~. l ~ iDaC ;~ all a d~a#ce of DE. Ia feat to n f/ve~e~lrt$ iech 4"08 rcd set for corner li t~o west Ii~ of Pacific; Texas; $7' 41" ~, a distanrn of 8~88 fe~ to a E~b~t~ /icj ~an rcd ~t for corner ~ the ~ouleva~ an~ li a tangent cu~ to t~ ~ havi~ a contel angle of 05* 51' 33~ ~ ~dlis ~1£1VC£. with t~e mid right, of-way curve, an arc distance of 207.82 feet ta the P/ace of Beg~ning and co~a~ ~32~8 a~ identJEe&