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2005-082oRD ANc No. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED USE -12 CNRMU-12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY DISTRICT RESTRICTING THE USES TO PROFESSIONAL SERVICES AND OFFICES, FOR PROPERTY DESCRIBED AS LOTS 4, 5, 6 AND 7 OF THE T.N. SKILES SUBDIVISION, AN ADDITION TO CITY OF DENTON, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET 613, PAGE 210 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0049) WHEREAS, Pilot Point Bancorp, Inc. has applied for a change in zoning for approximately 2.63 acres described as lots 4, 5, 6, & 7 of the T. N Skiles Subdivision, an addition to the City of Denton, Texas, according to the plat thereof recorded in Volume 15, page 10, of the Plat Records of Denton County, Texas (the "Property"), from Neighborhood Residential 3 (NR-3) zoning district classification and use designation to Neighborhood Residential Mixed Use - 12 (NRMU-12) zoning district classification and use designation with an overlay district; and WltEREAS, on February 9, 2005, the Planning and Zoning Commission recommended approval of the requested change in zoning with an overlay district; and WHEREAS, the City Council makes the following findings: The change in zoning, including the overlay district, is consistent with the Comprehensive Plan; and The overlay district will protect and enhance the Property and surrounding area which are distinct from lands and structures outside of the overlay district and the immediate neighborhood; and The regulations imposed in the overlay district serve important and substantial public interests by preserving the integrity of the neighborhood surrounding the overlay district while offering a different type of residential home to the public and the neighborhood; 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 Propertyis hereby changed fi.om Neighborhood Residential 3 (NR-3) zoning district classification and use designation to Neighborhood Residential Mixed Use - 12 (NRMU-12) zoning district classification and use designation with an overlay district (the "Overlay District") containing the following regulation: The permitted uses are limited to professional services and offices only. The above regulation shall control within the Overlay District over any conflicting regulations for the NRMU-12 zoning district contained in the Denton Development Code. 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 fi:om 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 /~dayof ~/~,/~t~/2/~ ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY BY: ~ PAGE 2