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2011-246s:llegallour documentslordinances1111z11-0007 ordinance.doc oxDnvarrcE No. 2011-246 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN iNITIAL ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION OF RURAL COMMERCIAL (RC), WITH AN OVERLAY DISTRICT ON APPROXIMATELY 37 ACRES OF LAND LOCATED WITHIN THE MILAM CREEK R.ANCH SUBDIVISION, EAST OF I- 35, ON THE SOUTH SIDE OF MILAM ROAD AND ON THE EAST AND WEST SIDES OF MILAM RIDGE ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTNE DATE (Z 11-0007). WHEREAS, the City of Denton is requesting to apply an initial zoning district classification and use designation, with an overlay district, for approximately 37 acres of land legally described in Exhibit A, attached hereto and incorporated herein by reference (hereinafter, the "Property") of Rural Commercial (RC), with an overlay district; and WHEREAS, on October 19, 2011, the Planning and Zoning Commission recommended approval of the applying the initial zoning of RC, subject to an overlay district including the following conditions: • In addition to the uses that are not permitted in the RC zoning district, the following residential uses are prohibited: Dwellings above businesses, group homes, multi-family dwellings, and manufactured housing developments; • The following commercial uses are prohibited: Bed and breakfast, restaurant/private club, professional services and offices, vehicle repair, outdoor recreation, major event entertainment, administrative or research facilities, broadcasting of production studio, sexually oriented businesses, and temporary uses; • The following industrial uses are prohibited: Bakeries, light manufacturing, wholesale nurseries, kennels and veterinary clinics; The following institutional uses are prohibited: Community service, churches, semi-public halls, clubs and lodges, business/trade school, adult or child daycaxe, kindergarten, elementary school, middle school, high school, colleges, hospital, elderly housing, medical centers, cemeteries and mortuaries. WHEREAS, the City Council finds that the change is consistent with the Denton Plan and the Development Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true. s:llegallour documents\ordinances1111z11-0007 ordinance.doc SECTION 2. The zoning district classification and use designation for the Property is hereby changed from Rura1 District 5(RD-5) to Rural Commercial (RC), with an overlay district, and hereby approved for the Property. Notwithstanding the attached real property description, the property being zoned includes all property to the centerline of all adj acent street rights-of-way. 5ECTION 3. The City's officialland use map is amended to show the change in the land use designation. SECTION 4. 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 5. 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 6. This ordinance sha11 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 , 2011. ATTEST: JENNIFER WALTERS, CITY SECRETARY � Il�, � l. �1 / �./%l /, .�.1/ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY J' -� 7 BY: �; .'f C��, � f,�► s:llegallour documentslordinances111�z11-0007 ordinance.doc EXHIBIT A LEGAL DESCRIPTION Milam Creek Ranch, Phase 2, Block A, Lot 5(202605) Milam Creek Ranch, Phase 2, Block A, Lot 6(202606) Milam Creek Ranch, Phase 2, Block A, Lot 7(202607) Milam Creek Ranch, Phase 2, Block A, Lot 8(202608) Milam Creek Ranch, Phase 2, Block A, Lot 11 (202611) Milam Creek Ranch, Phase 2, Block A, Lot 12 (202612) Milam Creek Ranch, Phase 1, Block B, Lot 1(188369) Milam Creek Ranch, Phase l, Block B, Lot 2(188370) Milam Creek Ranch, Phase 1, Block B, Lot 3(188371) Milam Creek Ranch, Phase 2, Block B, Lot 6(202619) Milam Creek Ranch, Phase 2, Block A, Lot 15 (202615) Milam Creek Ranch, Phase 2, Block A, Lot 14 (202614) s:llegailour doabmenislordinances\111z1 I-0007 ordinance.doc i� i�S�` t 1' �iiU, ��%I� 1�1. �. . `i �., �'t; .�.. ,�>