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AmendedbyOrdinanceNo.201223809/18/12JR
s:Uegallour documentslordinances1121z11-0026 08-16 meeting edits-clean version.doc
ORDINANCE NO. 2012-188
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 3(NR-3) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD RESIDENTIAL
MIXED USE 12 (NRMU-12) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION WITH A RESTRICTIVE OVERLAY, ON 3.3 ACRES OF LAND LOCATED
EAST OF BELL AVENUE, APPROXIMATELY 500 FEET NORTH OF THE NORTHEAST
1NTERSECTION OF SHERMAN DRIVE AND BELL AVENUE AND IS APPROXIMATELY
185 FEET SOUTH OF SUNRISE COVE, WITHIN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE.
(Z 11-0026)
WHEREAS, Springbrook Planning Group, has applied for a change in zoning for
approximately 3.3 acres of land described in Exhibit A, attached hereto and incorporated herein
by reference (hereinafter, the "Property"); from a Neighborhood Residential 3(NR-3) zoning
district classification and use designation to Neighborhood Residential Mixed Use 12 (NRMiJ-
12) zoning district classification and use designation with a restrictive overlay; and
WHEREAS, on March 14, 2012, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommended approval of the requested change in zoning,
with a restrictive overlay restricting uses; and
WHEREAS, on August 21, 2012, the City Council concluded a public hearing as
required by law, and approval of the change in zoning, with a restrictive overlay limiting uses
(the "Overlay") as provided below:
1. Permitted (P) by-right: Agriculture, Single-Family Dwellings, Community
Homes for the Disabled, Home Occupation, Parks and Open Space, and
Churches;
2, Permitted with an L(7): Livestocic;
3. Permitted with an L(13): Elderly Housing;
4. Permitted with an L(25): Basic Utilities;
5. Permitted with a Specific Use Permit (SUP): None.
6. Not Permitted (NP): Accessory Dwelling Units, Attached Single-Family
Dwellings, Dwellings Above Businesses, Live/Worlc Units, Duplexes,
Community Homes for the Disabled, Group Homes, Multifamily Dwellings,
Manufactured Housing Developments, Sale of Products Grown on Site,
Hotels, Motels, Beda and Brealcfast, Retail Sales and Service, Movie Theaters,
Restaurant or Private Club, Drive-through Facility, Professional Services and
Offices, Quick Vehicle Servicing, Vehicle Repair, Auto and RV Sales, Landry
Facilities, Equestrian Facilities, Outdoor Recreation, Indoor Recreation, Major
Even Entertainment, Commercial Parlcing Lots, Administrative or Research
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Facilities, Broadcasting of Production Studio, Sexually Oriented Business,
Temporary Uses, Printing/Publishing, Balceries, Manufacture of Non-
odoriferous Foods, Feed Lots, Food Processing, Light Manufacturing, Heavy
Manufacturing, Wholesale Sales, Wholesale Nurseries, Distribution Center,
Wholesale Storage and Distribution, Self-service Storage, Construction
Materials Sales, Junlc Yards and Auto Wrecking, Wrecker Services and
Impound Lots, Kennels, Veterinary Clinics, Sanitary Landfills, Commercial
Incinerators, Transfer Stations, Gas Wells, Community Service, Semi-public
Halls, Clubs and Lodges, Business/Trade School, Adult or Child Day Care,
Kindergarten, Elementary School, Middle School, High School, Colleges,
Hospital, Elderly Housing, Medical Centers, Cemeteries, Mortuaries, WECs
(Free-standing Monopole Support Structure), and WECS (Building-mounted).
L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in
size. Additional animals may be added at a rate of one per each acre over
three.
L(13) = Uses are limited to no more than 55,000 square feet of gross floor
area per lot.
L(25) = If proposed use is within 200 feet of a residential zone, approval
is subject to a Specific Use Permit.
WHEREAS, on August 21, 2012, the City Council also attached the following conditions
involving the nursing home facility:
1. The exterior farade of the former Fairhaven nursing home ("Structure"), as
depicted in Exhibit "B", shall not be altered, except for maintenance, without
City Council approval.
2. The height of the Structure shall not be altered, except for maintenance,
without City Council approval.
In connection with the restoration, rehabilitation or improvements to the
Structure, the property owner shall submit a site plan and building elevations
for any proposed alterations or maintenance to the exterior fa�ade and height
of Structure. The site plan and building elevations shall be reviewed by Staff
in accordance with the Staff Review Procedure outlined in Section 35.3.7 of
the Denton Development Code (DDC). After the Structure has been restored,
rehabilitated or improved, any future maintenance, as defined in Paragraph 5,
will not require a site plan and building elevations. The property owner will
only need to advise Staff of the maintenance activity proposed so that Staff
may verify that the activity is not an alteration.
4. Staff shall have the authority to approve a site plan and building elevations, as
described in Paragraph 3, that propose only maintenance to the exterior fa�ade
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or to the height of the structure. Any proposed alteration to the exterior
fa�ade or height of the Structure shall be approved by City Council at a public
meeting. Staff shall review and malce recommendations to the City Council.
5. "Maintenance"- The repair, replacement, or stabilization of deteriorated or
damaged architectural features to the following functional exterior
components of the Structure: doors, windows, color, roof, bricic and trim, and
includes any work that does not change the design, material color or outward
appearance of the Structure. Also included as maintenance are alterations
necessary to meet applicability accessibility standards, or to otherwise
facilitate use by the elderly, or other persons with impaired mobility. All such
maintenance, to the extent practicable with modern materials, methods,
components, shall endeavor to preserve the appearance of the original fa�ade
as depicted in Exhibit "B",
6. "Alteration"- Any construction, renovation or improvement that changes the
appearance of the Structure's functional exterior components (i.e. doors,
windows, color, roof, brick and trim) as depicted in Exhibit "B", or the
demolition of the Structure.
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.
SECTION 2. The zoning district classification and use designation for the Property is
hereby changed from a Neighborhood Residential (3) zoning district classification and use
designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district
classification and use designation as further restricted by the recommended Overlay district set
forth in the "Recitals" above and incorporated herein. Notwithstanding the attached real
property description, the Property being amended 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 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 provision 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.
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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 Z/ day of G � , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�'" � � ,
BY: ��' ( `,C� v�
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EXHIBIT A
LEGAL DESCRIPTION
FIELD NOTES
3.304 ACRES
BEING all that certain lot, tract, or parcel of land situated in the J. Carter Survey Abstract
Number 268 in the City of Denton, Denton County, Texas, being all that certain tract of
land conveyed by deed from Joe V1/. Nichols and J. L. Ginnings to Fairhaven recorded in
Volume 442, Page 213, Deed Records, Denton County, Texas and being more particularly
described as follows:
BEGINNING at an "X" in concrete for corner in the east line of North Bell Avenue, a public
roadway having a right-of-way of 60.0 feet, said point being the southwest corner of Block
A of Sherman Oaks Addition, an addition to the City of Denton, Denton County, Texas
according to the plat thereof recorded in Cabinet N, Page 110, Plat Records, Denton
County, Texas;
THENCE N 88° 34' 40" E, 299.14 feet with the south line of said Sherman Oaks to a
concrete monument found for corner, said point being the northwest corner of that certain
tract of land conveyed by deed from Louise C. Nichols to Jan Nichols Hughes et al
recorded in Volume 4355, Page 1082, Real Property Records, Denton County, Texas;
THENCE S 00° 01' 48" W, 500.34 feet with the west line of said Hughes et al tract to a
concrete monument found for corner, said point being the northeast corner of that certain
tract of land conveyed by deed from Grace Union Presbytery to Trinity Presbyterian
Church recorded in Volume 989, Page 421, Deed Records, Denton County, Texas;
THENCE S 88° 34' 40" W, 275.00 feet with the north line of said Trinity Presbyterian
Church tract to an "X" in concrete for corner in said east line of said North Bell Avenue;
THENCE N 03° 10' 00" W, 168.94 feet with said east line of said North Bell A�enue to an
iron rod set for corner;
THENCE N 02° 30' 53" W, 331.38 feet with said east line of said North Bell Avenue to the
PLACE OF BEGINNING and containing 3.304 acres of land.
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EXHIBIT B
LOCATION MAP
Legend
pzaoc_r,_eeii_�ocacro�
- C?ntedine
� Fartels
Z11-0�26; 24�� N. Bell Avenue
137.5 275 b5D Feet
� I I I � I 1 I �
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