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2003-045O INANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM DOWNTOWN RESIDENTIAL 2 (DR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO DOWNTOWN RESIDENTIAL COMMERCIAL NEIGHBORHOOD (DC-N) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 0.4 ACRES OF LAND LOCATED AT 309 FRY STREET 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. (Z02-0058) WHEREAS, Patrick Will has applied for a change in zoning for approximately 0.4 acres of land commonly known as 309 Fry Street and more particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from Downtown Residential 2 (DR-2) zoning district classification and use designation to Downtown Residential Commemial Neighborhood (DC-N) zoning district classification and use designation; and WHEREAS, on December 4, 2002, 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 Property approximately is hereby changed from Downtown Residential 2 (DR-2) zoning district classification and use designation to Downtown Commercial Neighborhood (DC-N) 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 fi'om the date of its passage, and the City Secretary is hereby directed to cause the caption of this ord'mance 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. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY PAGE 2 EXHIBIT "A' TIACT A: 1 that ¢~ertaln J, ot, tracb or parcel ol~ lan,1 u;teated, ly:~ng and bi,lltg Jn the City and County ol~ Denton, State DE Tepee, ouk or the plr~ o~ a I0 acre ~ac~ conveyed by a. h. ~t~ch~son ~o D. I1. Fry b~,~ng par~ o~ a ~ ou~ o~ ~a~d 10 ac~e ~rac~ conveye~ by S. 0 Oe~Z- and wlEe, to ~. W. ~.gley, by-Oee~ da~ea February 15, 1899, r~eord~ Jn VO~U~E 62, ~AGg 24~, Deea E~cor~8 oE ~nbon counby,, T~=a~, a~ beLng ~be ~r~b one-IlalE oE Ehe ~b aeaer[bea Jn a ~ed [iota aohn D. Ilauslm~n, eb 81, bo ~. N. ~ender, dabed January 29, 1~21, .horn o~ record in VO~UHR 177. PA~E 583, ~ Records, ~ltton C~nty. Texas~ and more por~J, cutar~y deserlbed a~ B{;GI~RING ~O [eot North DE ~he go~heasb corner or sold ~o~ conveyed b;, the eal~ Juhn D. Ilau~ein, e~ al, bo J. N, Penaer aS a~me being a ~[ub [n ~he ~eab ~oun~ary 1Lne DE Fry 8bteeb~ · iR~B Noreb ~eh ~he ~e~b ~oun~aty .tLne DE Fry gbreeb, 60 ~ee~ bio Notbh~sb co~ne~ DE ~a~ TIR~8 South 60 EeoC, a atnke ~oc corner ~n kite Nest Bounaary ~{ne TIB~B Raak paral~e1 w~bh Lhe No~bb ~ounaary 1~ne O[ ~a[d ~ 171