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2006-085- S:\Our Documents\Ordinances\O6\Development Code Amend 3.doc ORDINANCE NO. ,ZODlci - D,pL AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 35.5 OF THE DENTON DEVELOPMENT CODE ("CODE") BY ADDING SECTION 35.5.2.4, ENTITLED "MIXED USE RESIDENTIAL PROTECTION OVERLAY"; AMENDING THE FIRST SENTENCE OF SECTION 35.7.3 OF THE CODE RELATING TO OVERLAY DISTRICTS; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton, Texas adopted the Denton Development Code, being Chapter 35 of the Code of Ordinances of the City of Denton, Texas, as amended (the "Development Code"); and WHEREAS, after conducting a public hearing as required by law, the Planning and Zoning Commission has recommended certain changes to Subchapter 5 of the Development Code; and WHEREAS, after conducting a public hearing as required by law, the City Council finds that the subject changes to the Development Code are consistent with the State law, Comprehensive Plan, and are in the public interest; 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 are true and correct. SECTION 2. Subchapter 35.5 of the Development Code is hereby amended by adding Section. 35.5.2.4, to read as follows: 35.5.2.4 Mixed Use Residential Protection Overlav: Where necessary to address the concerns of owners of existing adjacent residential uses that a proposed non-residential or multi-family mixed use allowed by this subchapter is incompatible, the applicant may consent to the imposition of increased setback, landscaping, screening or buffer requirements along the borders of such existing residential uses, or to the imposition of additional use or performance-based restrictions upon the proposed use. Such additional modifications or restrictions shall, upon approval, amend the underlying zoning classification and use designation to add these supplemental requirements. The Mixed Use Residential Protection Overlay may be established through the Zoning Amendment Procedure, either as a separate zoning case, or in conjunction with an amendment of the underlying mixed use zoning classification. SECTION 3. The first sentence of Section 35.7.3 of the Development Code is amended to read: "The creation or amendments to an Overlay District shall be made using the Zoning Amendment Procedure and the creation or amendments to a Special Purpose District shall be made using the Denton Plan Amendment Procedure." All other provisions of Section 35.7.3 shall remain in effect. SECTION 4. If any section, subsection, pazagraph, sentence, phrase or word in this ordinance, or application there of to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 5. This ordinance shall become effective immediately from and after its passage. PASSED AND APPROVED this the ,2~'-day of_ ~~~ 2006. ~~ ~g~~-- EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY Page 2 APPROVED AS TO LEGAL FORM: