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2008-283sAour documenis\ordinances\08\s08-0004.doc ORDINANCE NO. 2MS 2 d 3 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIAL USE PERMIT TO ALLOW A MULTI-FAMILY DWELLING DEVELOPMENT ON A 0.354 ACRE SITE CURRENTLY ZONED NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMUI), AND LOCATED NORTH OF UNIVERSITY DRIVE BETWEEN LOCUST STREET AND BELL AVENUE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS, THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (508-0004) WHEREAS, Ray Cox has applied for a Specific Use Permit to allow a multi- family dwelling development, located north of University Drive between Locust Street and Bell Avenue and legally described as all that certain lot, tract or parcel of land situated in the N.H. Meisenheimer Survey Abstract Number 811, in the City of Denton, Denton County, Texas, being all that certain tract of land conveyed by deed from Eugene W. Hupp to George U. Liepa and wife, Candice C. Liepa, Recorded in Volume 1305, Page 975, Real Property Records, Denton County, Texas (the "Property"); and WHEREAS, on October 8, 2008, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested Specific Use Permit; and WHEREAS, the City Council finds that the change is consistent with the Denton Plan and the Development Code, and satisfies the approval criteria set forth in §35.6.4 of the Denton 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 and found to be true. SECTION 2. A Specific Use Permit to allow a multi-family dwelling development is hereby approved for the Property, subject to the following condition: 1. All City codes, standards, and regulations shall be met relating to the development of this multi-family dwelling development. 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. sAour documents\ordinances\08\s08-0004.doc 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 0day of L 2008. ARK A. G145 MAYOR BURGESS, CITY ATTEST: JENNIFER WALTERS, CITY SECRETARY