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2003-060ORDINANCE NO. 4W- Ole O AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN ALTERNATIVE DEVELOPMENT PLAN FOR A NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF ALLOWING A ALTERNATIVE PARKING LOCATIONS, ORIENTATION, AND FACADE DESIGN FOR AN APPROXIMATELY 84 ACRE SITE LOCATED NORTH OF EDWARDS ROAD EAST OF I-35 WITHIN THE GIDEON WALKER SURVEY, IN THE CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (SP02-0009). WHEREAS, The property owner and developer of the subject property has applied for an alternative development plan for a an approximate 84 acres of land located in the Gideon Walker Survey, Abstract No. 1330 more particularly described as a 60.383 tract and a 23.481 tract in those two certain deeds recorded in Volume 2903, Page 169 and Volume 4151, Page 3046 of the Real Property Records of Denton County, Texas, respectively (the "Property"); and WHEREAS, on January 8, 2003, the Planning and Zoning Commission recommended approval of the requested alternative development plan which is on file in the offices ofthe Planning Department, a copy of which is attached hereto and made a part hereof by reference as Exhibit "A" (the "Alternative Development Plan"); and WHEREAS, the City Council finds that the Alternative Development Plan 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. The Alternate Development Plan is hereby approved for the Property within a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation. SECTION 2. 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 3. 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 4. 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 2003. &A,- b~~ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 0W A4at~~ &dt' APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 2 ~-~Vrzi ~yl :,a1 v-.~ ~,L 'l'~°~-ham J..y s-a-~'l~l~►~,1. ~f IL ~i M O M J N OD o o Q I I, cD J N J M P M J 6 6 V Vi n uw~ Exhibit A