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2005-026S:\Our Ducuraents\Ordinances\04~Z04-0046.d~e ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A MULTI-FAMILY DEVELOPMENT AND USE ON APPROXIMATELY 12.5 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF HICKORY STREET AND RUDDELL STREET, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z04-0046) WHEREAS, Isbell Engineering Group, Inc., has applied for a specific use permit for a multi- family development and use within a Neighborhood Residential Mixed Use zoning district classification and use designation on approximately 12.5 acres as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"); and WHEREAS, on December 15, 2004, the Planning and Zoning Commission recommended approval ora Specific Use Permit for a multi-family development and use in accordance with the site plan on file in the City's Planning Department, a copy of which is attached hereto and made a part hereof as Exhibit "B" (the "Site Plan"); and WHEREAS, the City Council finds that the Specific Use Permit is consistent with The Denton Plan; and WHEREAS, in accordance with Subchapter 6 of the Development Code of the City of Denton, Texas, the City Council finds that all of the following conditions exist: The multi-family development and use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; and The establishment of a multi-family development and use will not impede the normal and orderly development and improvement of surrounding property; and Adequate utilities, access roads, drainage, and other necessary support'mg facilities have been or will be provided; and The design, location, and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; and Adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration; and Directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property; 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. SECTION 2. A specific use permit is hereby approved on the Property to allow a multi- family development and use within a Neighborhood Residential Mixed Use (NRMU) zomg district classification and use designation in accordance with the Site Plan. SECTION 3. Notwithstanding the description o f the Property, the property being rezoned includes all property to the centerline of all adjacent street fights-of-way. SECTION 4. The City's official zoning map is amended to show the change in zoning district classification. 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/~/~ day of t~7~gg~b~/Z~ , 2005. E~R~OCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY PAGE 2 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~ PAGE 3 Exhibit A - Exhibit B