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2002-023OR.IN.CE NO. dO0 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO LIGHT INDUSTRIAL (LI) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 4.2 ACRES OF LAND GENERALLY LOCATED NORTH OF FOSTER ROAD APPROXIMATELLY 300 FEET EAST OF MAYH1LL ROAD AND DESCRIBED AS TRACT 45 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. (Z01-0046) WHEREAS, City of Denton initiated a change in zoning for approximately 4.2 acres of land from Agricultural (A) zoning district classification and use designation to Light Industrial (LI) zoning district classification and use designation; and WHEREAS, on December 5, 2001, 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 of the approximately 4.2 acres described in the legal description attached hereto and incorporated herein as Exhibit A is changed fi.om Agricultural (A) zoning district classification and use designation to Light Industrial (LI) zoning district classification and use designation subject to the following condition: A site plan as provided in Section 35-123 of the Code of Ordinances must be approved by the Planning and Zoning Commission prior to issuance of a building permit. 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. 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 ~.dfff_fj./b(,.~ ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBE~~RNEY Page 2 of 2 Exhibit A All that Certain tract of land situated in the Gideon ~Valker Survey, Abstract Number 1330, Denton County, Texaz, being all of a certain called 4 acre tract described in the Deed to City of Denton recorded by County Clerk's File Number 96-R0021132 of the Real Property Records of said County, and being more particularly described as follows: BEGINNING at ~he Southwest corner of the tract being described herein at a ½' iron rod found for corner at the Southwest corner of said 4 acre tract in the North line of a road under apparent public uze posted as Foster Road; TI~NCE North 00 Degree 30 Minutes 00 Seconds East a distance of 417.42 feet to a ½' capped iron rod set for corner; THENCE due East a distance of 417.37 feet to a cross tie fence post for corner; THENCE South 00 Degree 30 Minutes 00 Seconds West a distance of 417.42 feet to a ½' iron rod found in the North ilne of said Foster Road; THENCE due West ,* DL~ance of 417~7 feet to the PLACE OF BEGINNING and containing in all 4.00 acres of land more or less.