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2012-188 %(+$1$%$1$-"$%.1, 2012188 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecords Act Other %(+$2#§º«(´¯º¯§²¹ 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 s:\legallour documentslordinances\121z11-0026 08-16 meeting edits-clean version.doc 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 s:llega]\our documents\ordinances\121z11-0026 OS-16 meeting edits-clean version.doc 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. s:llegal\our documentslordinancesU21z11-0026 08-16 meeting edits-clean version.doc 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� s:llegallour documentslordinances\121z1 I-0026 08-16 meeting edits-clean version.doc 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. s:Uegallour documentslordinances112�z11-0026 08-16 meeting edits-clean version.doc EXHIBIT B LOCATION MAP Legend pzaoc_r,_eeii_�ocacro� - C?ntedine � Fartels Z11-0�26; 24�� N. 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