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2002-367O ANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM REGIONAL CENTER RESIDENTIAL I(RCR-1)) 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 COMMONLY KNOWN AS 4405 POCKRUS PAGE ROAD AND GENERALLY LOCATED ALONG THE NORTH SIDE OF POCKRUS PAGE 1100 FEET EAST FROM INTERSTATE 35 EAST SERVICE ROAD AND POCKRUS PAGE ROAD INTERSECTION AND LEGALLY DESCRIBED AS TRACT 161 OF THE G. WALKER SURVEY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0044) WHEREAS, Kenneth and Nancy Owen initiated a change in zoning for approximately 4 acres of land from Regional Center Residential 1 (RCR-1) zoning district classification and use designation to Regional Center Commercial Downtown (RCC-D) zoning district classification and use designation; and WHEREAS, on September 25, 2002, the Planning and Zoning Commission concluded a public hearing 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 and Development Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The zoning district classification and use designation of the approximately 4 acres described as Tract 161 of the G. Walker Survey, and more particularly depicted in "Exhibit A", is changed fi.om Regional Center Residential 1 (RCR-1) zoning district classification and use designation to Regional Center Commercial Downtown (RCC-D) zoning district classification and use designation. Notwithstanding the above real 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 Page 1 of 3 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. That 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 CJ~57J-~//7~-~.~j ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _ _ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 of 3 EXHIBIT A Page 3 of 3