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2002-392ORDINANCE NO. ~F~ -,.flq, e7~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORI-IOOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHHOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 1.1 ACRES OF LAND COMMONLY KNOWN AS 2309 HINKLE DRIVE AND GENERALLY LOCATED 300 FEET NORTH OF GREEN-BRIAR STREET ALONG THE WEST SIDE OF HINKLE 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. (Z02-0050) WHEREAS, Kelly Brooks initiated a change in zoning for approximately 1.1 acres of land commonly known as 2309 Hinkle Drive, being Tract 68 of the Beaumont Survey and as depicted on Exhibit "A" attached hereto and made a part hereof by reference (the "Property") fi.om Neighborhood Residential 3 (NR-3) zoning district classification and use designation to Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation; and WHEREAS, on October 23, 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 Property is changed fi.om Neighborhood Residential 3 (NR-3) zoning district classification and use designation to Neighborhood Residential Mixed Use 12 CNRMU-12) zoning district classification and use designation. This zoning change extends 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. 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 Page 1 of 3 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 /~]~ dayof ~~~/ ,2002. EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 of 3 EXHIBIT A Page 3 of 3