HomeMy WebLinkAbout2004-172ORDINANCE NO. /7,'�
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 3 (NR-3)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY
DISTRICT, FOR APPROXIMATELY 3.6 ACRES OF LAND LOCATED GENERALLY ON THE
SOUTHEAST CORNER OF SANTA MONICA DRIVE AND EL PASEO AND LEGALLY
DESCRIBED AS TRACT 9 OF THE A. GIBSON SURVEY IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; SUCH OVERLAY DISTRICT ESTABLISHES DIFFERENT
REGULATIONS THEN WOULD BE NORMALLY PERMITTED IN THE NR-3 DISTRICT,
INCLUDING THE REDUCTION OF THE NUMBER OF PERMITTED RESIDENTIAL LOTS,
REDUCTION OF REQUIRED SIDE YARD SETBACKS, THE INCREASING OF PERMITTED
LOT COVERAGE, AND THE REDUCTION OF REQUIRED LANDSCAPE COVERAGE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
(Z04-0018)
WHEREAS, Trilogy Management, L.L.C. has applied for a change in zoning for
approximately 3.6 acres of land particularly described in Exhibit "A" attached hereto and made apart
hereof as Exhibit "A" (the "Property") from Neighborhood Residential 2 (NR-2) zoning district
classification and use designation to Neighborhood Residential 3 (NR-3) zoning district
classification and use designation with an overlay district; and
WHEREAS, on May 12, 2004, the Planning and Zoning Commission recommended approval
of the requested change in zoning; and
WHEREAS, the City Council makes the following findings:
a. The change in zoning, including the overlay district, is consistent with the
Comprehensive Plan; and
b. 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
c. 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 Property is hereby
changed from Neighborhood Residential 2 (NR-2) zoning district classification and use designation
to Neighborhood Residential 3 (NR-3) zoning district classification and use designation, with an
overlay district (the "Overlay District") containing the following regulations:
a. The maximum number of residential lots is 8.
b. The minimum side yard setback is 4 feet.
C. The maximum lot coverage is 60%.
d. The minimum landscape coverage is 40%.
The above regulations shall control within the Overlay District over any conflicting regulations for
the NR-3 zoning district contained in the Denton Development Code.
SECTION 2. The City's official zoning map is amended to show the change in zoning
district classification including a reference to the Overlay District.
SECTION 3. 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 4. 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 5. 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 , 2004.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS
HERBERT
BY: G
Page 2
��4cx-
EULINE BROCK, MAYOR
Exhibit A
PRMMY DrACRIPTIOM
8E1HO situated in Denton County, TaxAa, and being all that certain tract or
Parcel of land situated in the Archibald Gibson Survey, Abstract tic. 4981 Denton
County, Texas, and being part of a tract deeded to C. D. Zubor by Jeo E, Kirbrough
in 1953, recorded in Volume 365, Page 498, Deed Records of Denton County, Toxasl
and being the North part of a 24,059 acre tract out of said Kimbrough tract
described in a Dead from George W. nonin to Avery Mays, dated January 24, 1974,
and recorded in Volume 696, Pnge 333, Doad Records of DantoN County, Texas, find
being more particularly described as fellowa,
BEGINNING at a steel pin nt the Northwest corner of aaid 14.059 acre tract on
the South property line of EI Pasco street
TN•NCE North 88 dog., 45 min., 10 sac., Bast with the South line of said street,
679.59 feat to a steal pin at the Northeast corner of said 14,059 acre tracts
TNSNCE South 9 deg., 35 min„ West 254.53 foot to a corned
THENCE South 88 deg., 45 min., 10 sec., Wont 591,14 fast to a point in a curve
in the middle of a 50400t.,wids road n000montl
TIMNCE Westerly around a 3.735 deq., ourvo to the left in the middle of said
easement 247,26 foot to the end or nnid curves
TNENCL North 14 deq„ SR min., 40 sou., Want with .the middle of maid easement
6.3 feet to the place of beginning and containinq in all 3.636 acres of land,