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2016-014SALegal \Our Documents \Ordinances \16 \S15 -0012 Ordinance.docx ORDINANCE NO. 2016 -014 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR MULTI - FAMILY DWELLINGS ON TWO PROPERTIES ZONED NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU -12). THE SUBJECT PROPERTIES ARE APPROXIMATELY 0.24 AND 0.33 ACRES IN SIZE AND ARE LOCATED AT 609 AND 612 MEADOW VIEW COURT, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (S15 -0012) WHEREAS, Kevin Dingman, on behalf of the property owner, TAAS Investments, LLC, has applied for a Specific Use Permit (SUP) to allow Multi- Family Dwellings on two properties approximately 0.24 and 0.33 acres in size within a Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district and use designation legally described in Exhibit "A ", attached hereto and incorporated herein by reference (herein_ after, the "Properties "); and WHEREAS, after notice published, a public hearing was held before the Planning and Zoning Commission in accordance with State law on December 9, 2015, whereby the Planning and Zoning Commission recommended (6 -0) of the requested SUP, subject to conditions; and WHEREAS, on January 5, 2016, after notice published, a public hearing was held before the City Council in accordance with State law and the City Council hereby finds that the request is consistent with the Denton Plan and federal, state, and local law and that the Applicant has agreed to comply with all provisions of the Denton Development Code, as they exist, may be amended, or in the future arising, including but not limited to, this Ordinance, and has further agreed to comply with the additional restrictions and conditions set forth herein; and WHEREAS, the City Council has determined that it will be beneficial to Denton and its citizens to grant the SUP; that such grant will not be detrimental to the public welfare, safety, or health; and that the SUP should be granted; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The SUP to allow Multi - Family Dwellings on the Properties is hereby approved, subject to the following conditions: 1. The maximum density of each lot shall be four units. 2. Each building shall be no greater than two stories in height. SALegal \Our Documents \Ordinances \16 \S15 -0012 Ordinance.docx 3. The proposed development shall substantially comply with the attached site plan (Exhibit `B "). 4. The applicant shall construct a privacy fence along the western property line of 612 Meadow View Court. 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 the 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 ATTEST: JENNIFER WALTERS, CITY SECRETARY IC day of ^ . ......... .. 201 6 � rll.)1�,V!TTS,..e MAYOR P P l_` °D A 1`O LEGAL FORM: I I�i 11" ;1 DECURTIS, DEPUTY CITY ATTORNEY BY S:\Lcgal\Our Documents\Ordinances\16\S15-0012 Ordinance.docx LOT, I BLOM A DONNA DEL MAM CAumn A, SUDE IN D.ILILC.T,, Lor 5 BLOCK 2 vArAfff Uff 9414M sa FT. 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