HomeMy WebLinkAbout2011-246sAlegahour documentslordinances1111z11-0007 ordinance.doc
ORDINANCE NO. 2011-246
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN INITIAL
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION OF RURAL
COMMERCIAL (RC), WITH AN OVERLAY DISTRICT ON APPROXIMATELY 37 ACRES
OF LAND LOCATED WITHIN THE MILAM CREEK RANCH SUBDIVISION, EAST OF I-
35, ON THE SOUTH SIDE OF MILAM ROAD AND ON THE EAST AND WEST SIDES OF
MILAM RIDGE ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE
(Z11-0007).
WHEREAS, the City of Denton is requesting to apply an initial zoning district
classification and use designation, with an overlay district, for approximately 37 acres of land
legally described in Exhibit A, attached hereto and incorporated herein by reference (hereinafter,
the "Property") of Rural Commercial (RC), with an overlay district; and
WHEREAS, on October 19, 2011, the Planning and Zoning Commission recommended
approval of the applying the initial zoning of RC, subject to an overlay district including the
following conditions:
• In addition to the uses that are not permitted in the RC zoning district, the
following residential uses are prohibited:
Dwellings above businesses, group homes, multi -family dwellings, and
manufactured housing developments;
• The following commercial uses are prohibited:
Bed and breakfast, restaurant/private club, professional services and offices,
vehicle repair, outdoor recreation, major event entertainment, administrative or
research facilities, broadcasting of production studio, sexually oriented
businesses, and temporary uses;
• The following industrial uses are prohibited:
Bakeries, light manufacturing, wholesale nurseries, kennels and veterinary clinics;
The following institutional uses are prohibited:
Community service, churches, semi-public halls, clubs and lodges, business/trade
school, adult or child daycare, kindergarten, elementary school, middle school,
high school, colleges, hospital, elderly housing, medical centers, cemeteries and
mortuaries.
WHEREAS, the City Council finds that the change is consistent with the Denton Plan
and the 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 as true.
sAlegal\our documents\ordinances\1 1\z1 1-0007 ordinance.doc
SECTION 2. The zoning district classification and use designation for the Property is
hereby changed from Rural District 5 (RD-5) to Rural Commercial (RC), with an overlay
district, and hereby approved for the Property. Notwithstanding the attached real property
description, the property being zoned includes all property to the centerline of all adjacent street
rights -of -way.
SECTION 3. The City's official land use map is amended to show the change in the land
use designation.
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 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 , 2011.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: LZC��, f�
s:llegallour documentslordinances1111z11-0007 ordinance.doc
EXHIBIT A
LEGAL DESCRIPTION
Milam Creek Ranch, Phase 2, Block A, Lot 5 (202605)
Milam Creek Ranch, Phase 2, Block A, Lot 6 (202606)
Milam Creek Ranch, Phase 2, Block A, Lot 7 (202607)
Milam Creek Ranch, Phase 2, Block A, Lot 8 (202608)
Milam Creek Ranch, Phase 2, Block A, Lot 11 (202611)
Milam Creek Ranch, Phase 2, Block A, Lot 12 (202612)
Milam Creek Ranch, Phase 1, Block B, Lot 1 (188369)
Milam Creek Ranch, Phase 1, Block B, Lot 2 (188370)
Milam Creek Ranch, Phase 1, Block B, Lot 3 (188371)
Milam Creek Ranch, Phase 2, Block B, Lot 6 (202619)
Milam Creek Ranch, Phase 2, Block A, Lot 15 (202615)
Milam Creek Ranch, Phase 2, Block A, Lot 14 (202614)
s:\Icgal\our documents\ordinances\l 1\z 11-0007 ordinance.doc.