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2016-362ORDINANCE i. - AN ORDINANCE OF DENTON, TEXAS, PROVIDING • REZONING FROM A NEIGHBORHOOD RESIDENTIAL 3 (NR -3) ZONING DISTRICT AND USE CLASSIFICATION TO A NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT AND USE CLASSIFICATION AND A MIXED USE RESIDENTIAL PROTECTION OVERLAY ON AN APPROXIMATELY 2.33 ACRE PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF SHERMAN DRIVE AND KINGS ROW, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 11111 FOR VIOLATIONS THEREOF; WHEREAS,PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z16-0019) • on - r of property owner,of Denton, applied for a zoning change for an approximately 2.33 acres property legally described in Exhibit • and illustrated in Exhibit• hereto • incorporated herein by (hereinafter, the "Property") from an NR -3 zoning district and use classification to an NRMU- 12 zoning district and use classification; and WHEREAS, in conjunction with the zoning change request, the property owner is also requesting a Mixed Use Residential Protection Overlay to restrict all uses in the proposed rezoning to only • permitted within the NR-3District with the exceptionof • which shall remain a permitted use; and WHEREAS, Subehapter 3 5.5.2.4 of the Denton Development Code allows for the creation of a Mixed Use Protection Overlays in conjunction with an amendment of the underlying mixed use zoning classification where necessary to address the concerns of owners of existing adjacent residential uses regarding the incompatibilities of a proposed non-residential or multi -family mixed-use on a property; and WHEREAS, on •r" 2016, the Planning • Zoning Commission,• • liance with the laws of the State of Texas, have given the requisite notices by publication and otherwise, and have held due hearings and afforded full and fair hearings to all property owners interested in this regard, and have recommended approval (6-0) of the change in zoning district and use classification and Mixed Use Residential Protection Overlay; and WHEREAS, on November 1 • the CityCouncil• r • • lic hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards set forth in Section 35.3.4 of the Denton Development Code, and is consistent with the Denton Plan. • the Denton Development • • WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for a change in [llc zoning classification ofthe property with a Mixed Use Residential Protection Overlay, have determined that the proposed district and overlay are in the best interest of the health, safety, morals, and general we] I' re. of the City, of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that: said zoning change and overlay are in the public interest and should be granted as set forth herein; NOW THEREFORE, SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The zoning district and use classification for the Property is hereby changed from NR -2 to NRMU-12 with a Mixed Use Residential Overlay District restricting use of the property to only those uses permitted in the NR -3 District, with the exception of Community Service, which shall remain a permitted use. SECTION 3. The City's official zoning map is hereby amended to show the change in the zoning district and use classification and Mixed Use Residential Protection Overlay. 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 the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SEC' ON 6. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, 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. I PASSED AND APPROVED this the 9 day of 201 CHRIS WATTS, MAYOR MMTMMMKMMMM���� t BEING a 2.332 acre tract of • in the S. McCrackenSurvey,• No. 817, City of Denton, Denton County, Texas, being all of a called 1.059 acre tract of land and all of a called 1.215 acre tract of land, as described in Deeds to the City of Denton, Texas, and recorded in Document No. 2016-15374 and Document No. 2015-104220 of the Official Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod with cap stamped "TNP" found for corner in the East line of - - ! Highway ! 428, a 100' wide right-of-way),said point being the most Northerly corner of the above cited 1.059 acre tract, said point .......... also being in the West line of Cambridge Square Subdivision, per the Final THENCE North 29*03'19" East, along the East line of said Sherman Drive, passing a 5/8 inch iron rod with cap stamped "TNP" found at the Northwest corner of said 1.215 acre tract and the Southwest corner of said 1.059 acre tract at a distance of 227.83 feet, and continuing for a total distance of 698.82 feet to the POINT OF BEGINNING, and containing 2.332 acres of land, more or less. I W14 so I I