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S19-0008a'3:4N..,epal\C1ur ��acLaexre�rrts\�Yrdie7ancc�s\4'�4`il9...0(ifPf� �ai�er�¢c�ed.dacn •''� • ! * 111i� AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SPECIFIC USE PERMIT ORDINANCE 2017-222 TO ALLOW FOR A CHANGE IN THE PREVIOUSLY APPROVED BUILDING FACADES WITHIN A MULTI-FAMILY DEVELOPMENT ON APPROXIMATELY 0.9 ACRE. THE PROPERTY IS GENERALLY LOCATED ON THE NORTH SIDE OF THE RINEY ROAD AND RINEY COURT INTERSECT[ON 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. (519-0008, Riney Road Apartments) WHERBAS, Daniel L Hale of DLH Investments, LLC has applied far an amendment to a Specific Use Permit (SUP) allowing for a multi-family residential use on approximately 0.9 acres, within the Neighbarhaod Residential Mixed-Use 12 (NRMU-12) zaning district, which is lega(ly described as Lot l, Block A af the Riney Raad Assisted Living subdivision, and shawn in Exhibit "A" (hereinafter, "the Property"); and WHEREAS, on June 5, 2019, the Planning and Zoning Commission, in compliance with the laws ofthe State af Texas, having given the requisite notices by publication and otherwise, and having afforded full and fair hearings and to all property owners interested in this regard, has recommended approval [5-0] ofthe requested SUP amendment, subject to conditions; and WHEREAS, on June l8, 2019, the City Council likewise canducted a public hearing as required by law to consider amending Specific Use Permit ordinance 2017-222 as requested. Upan reconsideratian, the City Council hereby finds that the request is cansistent with the Dentan Plan and federal, state, and {acal law, and that the Applicant has agreed to comply with all provisions of both the current Denton Development Code and the revised Denton Development Code to take effect on October l, 2019 (as so combined, "DDC"}, 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 additianal restrictians and conditions set farth herein; and WHEREAS, the City Council has determined that it will be beneficial to Denton and its citizens ta grant the SUP; that such grant will nat 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 HERBBY ORDAINS: SECTION 1. The findings and recitatians contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The amendment to SUP ordinance 2017-222 to allow the multi-family residential use on the Property is hereby approved, subject ta the follawing conditions: l. The proposed building elevations attached as Exhibit "B" shall supersede and replace those approved with, and attached to, SUP ordinance 2017-222. All other pravisians of ordinance 2017-222 shall remain as adopted. �I �.a=Z`It�h] :�_�. �� aa,�G��a�,� �� t"��r��„l�. Except as otherwise stated above, all terms of the SUP shall be complied with prior to issuance of a Certificate of Occupancy. Failure to comply with any term or condition of the Ordinance will result in the SUP being declared null and void, and of no force and effect. The SUP is issued to the entity named above runs with the land, and is assignable and transferable to subsequent owners of the Property. SECTION 4. �1J1� ��Nit��ic��. Upon notice to the property owner and a hearing before the City Council, a SUP may be revoked or modified if: l, There are one or more of the conditions imposed by this Ordinance that have not been met or have been violated on the Property; 2, The SUP was obtained or extended by fraud or deception; or 3, As otherwise permitted by law or Denton's Zoning Ordinance. SECTION 5. Unlawfulmmuse. It shall be unlawful for any person, firm, entity, or corporation to make use of the above-referenced Property in some manner other than as authorized by the Denton's Codes of Ordinances and this Ordinance. SECTION 6. Severabilit� If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 7. Penaltv• Any person, firm, entity or corporation violating any provision of this ordinance shall, upon conviction, be fned a sum not exceeding $2,000.00 for each violation. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. The penal provisions imposed under this Ordinance shall not preclude Denton from filing suit to enjoin the violation and it retains all legal rights and remedies available to it under local, state and federal law. SECTION 8. 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. �� p dinance was madhe ordinance�_ and seconded to �N. � ��; this o Y _ ...._. _ �as�� assed � � ............. The motion r � � bY � �' � �� ^,�.� . p and approved by the f��INa.��w�r�� r��t��°�"� ` .��_'_��' Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Jesse Davis, District 3: John Ryan, District 4; Deb Armintor, At Large Place 5 Paul Meltzer, At Large Place 6: Nay Abstain Absent PASSED AND APPROVED this, the �� Mda of cu,��"��,�"� , 2019. Y � �� „ � � � w�� , ,� _ �� ___... - � °----------------------------- -...,........ CHRIS �fATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY �^ a BY: �...� � .....� ..� �.�.:_.' _��.�';� �.�"� � r��.m.__�...�__� APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: /�/:ierrv _F.,: T�rake_ ,Tr,. Exhibit A Location Map EXHIB�T � Exhibit B Building Elevations EXHIBIT � �� _ �� . � � ,p. � �� L a � ,ta � ° �a�� ., �. "' � ..,! . .�� , � F� ,� . � � G a s:�w�so�ir��r��a��ri"�°ra�dA°au oia � „�� , r�, � ,�„r, �, „� __ � � � � �, , V v� �,�;.M,,,, ..,� .�w u,��,�„��oa.��x�, x �� "� R��a�� F, nwmia i i �r o am v� � � � v�i ... 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