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2009-102sAour documents\ordinances\09\z09-OOOI.doc ORDINANCE NO. ~O©9' AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM THE NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE NEIGHBORHOOD RESIDENTIAL MIXED USE WRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY DISTRICT, COMPRISING APPROXIMATELY 0.847 ACRES OF LAND LOCATED ON THE NORTHEAST CORNER OF BONNIE BRAE AND PANHANDLE STREET, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, PROVIDE FOR SEVERABILITY AND AN EFFECTIVE DATE. (Z09-0001) WHEREAS, 4a Properties Ltd./Brad Andrus initiated a change in zoning for approximately 0.847 acres of land legally described as Lots 1 and 2, block L of the Parkway Addition (hereinafter, the "Property"), from the Neighborhood Residential 3 (NR-3) zoning district classification and use designation to the Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation, with an overlay district; and WHEREAS, on March 25, 2009, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested change in zoning; and WHEREAS, the City Council finds the change in zoning is consistent with the Comprehensive Plan; 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. SECTION 2. The zoning district classification and use designation of the Property is hereby changed from the Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation, with an overlay district imposing the following limitations: a. Medical office building only b. Limited to one-story c. Open only during regular business hours of a medical office (7:00 am to 7:00 pm) d. Maximum Lot Coverage shall be 70% e. Minimum Landscape Area shall be 30% f. Minimum Percent Tree Canopy Coverage shall be 50% g. Maximum Building Height shall be 40 feet h. Minimum 15-feet landscape buffer to the west i. Minimum 15-feet landscape buffer to the north and south j. Maximum 8,000 square foot building k. Building design shall match adjacent residential design sAour documents\ordinances\09\z09-0001.doc 1. Building design shall incorporate architectural elements, such as awnings, extended overhangs, columns or shutters in. Building design shall incorporate alternating roof plate heights n. Building design shall incorporate a minimum 10% window area on Bonnie Brae and Panhandle o. Building design shall incorporate double insulated windows with thermal break and no mirrored glass p. Maximum 10:12 roof slope q. The roofing material of the building shall be a 30 year minimum composite shingle r. Building design shall incorporate doors facing Bonnie Brae and Panhandle s. Building design shall incorporate 100% masonrybrick, stone, or combination of both t. Maximum two (2) color paint exterior color scheme u. All mechanical roof venting equipment shall be located to the rear of the building Notwithstanding the attached real property description, the property being rezoned includes all property to the centerline of all adjacent street rights-of-way. SECTION 3. The City's official zoning map is amended to show the change in zoning district classification. 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 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 21 day of ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 2009. MARK B ITR OU HS, AYOR sAour documents\ordinances\09\z09-000 1.dcc PAGE 3 APPROVED AS TO LEGAL FORM: