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2002-200ORDINANCE NO. 2002- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF LAND, COMPRISING APPROXIMATELY 3 ACRES OF LAND FROM A REGIONAL CENTER RESIDENTIAL 1 (RCR-1) ZONING DISTRICT TO A REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) ZONING DISTRICT, SAID TRACT LOCATED TO THE EAST SIDE OF INTERSTATE I35-E ADJACENT TO THE FINER FURNITURE OUTLET, IN THE CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z02-0025). WHEREAS, the City of Denton has initiated a change in zoning for an approximate 3 acres of land from Regional Center Residential 1 (RCR-1) zoning district classification and use designation to Regional Center Commercial Downtown (RCC-D); and. WHEREAS, on May 22, 2002, the Planning and Zoning Commission recommended approval of the requested zoning; and WHEREAS, the City Council finds that the 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 approximate 3 acre property described in the legal description attached hereto and incorporated herein as Exhibit "A" is hereby changed from Regional Center Residential 1 (RCR-1) zoning district classification and use designation to Regional Center Commemial Downtown (RCC-D) under the comprehensive zoning ordinance of the City of Denton, Texas. 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 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 /~f~--~day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 of 3 Exhibit "A" Being a tract of land situated in the G. Walker Sy. Astract #1330, Denton County, Texas, and being a part of a called 9.462 acre tract conveyed by M.T. McDonald et ux to M.H. Cobb et ux on Oct. 13, 1961, as recorded in Vol. 474, Page 635, Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a fence comer, in the right of way of the MKT Railroad, said fence comer also being the south east comer of a tract previously conveyed by WD from Marvin H. Cobb et ux to Lawrence W. Smith, and being the north east comer ora tract herein described; THENCE south 44' 39' 55" west with a fence 427. 07 fL to a fence comer east right of way of U.S. Highway 77. THENCE south 48 21' i0" east with said right of way, a distance of 345.67 ft. to a point in the right of way line of Interstate Highway 35-E and for the southwest comer of the tract herein described: THENCE north 44 32' 21" east, a distance of 314.01 ft. to a point in the right of way of the MK & T Railroad and said point being the southeast comer of the tract herein described; TItENCE north 29 56' 02" west, a distance of 357.32 feet along the MK&T Right of way line to the place of beginning and containing 2.934 acres of land. Page 3 of 3