2012-238s:llegal\our documents\ordinances1121z11-0026-nunc pro tunc.doc
ORDINANCE NO. 2012-238
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, NUNC PRO TUNC, CORRECTINGAN
1NADVERTENT MISTAKE 1N ORDINANCE NO. 2012-188, SPECIFICALLY ITS
AMENDMENT OF A REZONIl�TG FROM A NEIGHBORHOOD RESIDENTIAL 3(NR-3)
ZONING DISTRICT AND LAND USE CLASSIFICATION TO A NEIGHBORHOOD
RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT AND LAND USE
CLASSIFICATION WITH A RESTRICTIVE OVERLAY ON 3.3 ACRES OF LAND LOCATED
EAST OF BELL AVENUE, APPROXIMATELY 500 FEET NORTH OF THE NORTHEAST
iNTERSECTION OF SHERMAN DRNE AND BELL AVENUE AND IS APPROXIMATELY 185
FEET SOUTH OF SUNRISE COVE; PROVIDING FOR A PENALTY 1N THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATION THEREOF; PROVIDING FOR SEVERABILITY,
SAVINGS AND SUPERSEDURE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on August 21, 2012, by Ordinance 2012-188, the City Council approved a
rezoning from a Neighborhood Residential3 (NR-3) zoning district and land use classification to a
Neighborhood Residential Mixed Use 12 (NRMLJ-12) zoning district and land use classification with
a restrictive overlay on 3.3 acres of land located east of Bell Avenue, approximately 500 feet north of
the northeast intersection of Sherman Drive and Bell Avenue and is approximately 185 feet south of
Sunrise Cove; and
WHEREAS, there was an inadvertent mistalce in the drafting of Ordinance No. 2012-188,
specifically within the restrictive overlay limiting uses under "Not Permitted", as the ordinance failed
to conform to the information provided to City Council at the meeting when the ordinance was
approved; and
WHEREAS, the City Council has the inherent power to retroactively correct such mistakes to
reflect the truth of what was actually approved by the Ciry Council when approving the ordinance;
and
WHEREAS, the City Council finds that the action talcen herein is in the public interest;
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. Ordinance No. 2012-188, providing for the amendment of portions of the of
Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district and land use classification is
hereby amended, to the limited extent necessary, to correct an inadvertent mistalce, and sha11 instead
read as follows:
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): Livestock;
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, Group
Homes, Multifamily Dwellings, Manufactured Housing Developments, Sale of
Products Grown on Site, Hotels, Motels, Bed and Breakfast, Retail Sales and
Service, Movie Theaters, Restaurant or Private Club, Drive-through Facility,
Professional Services and Offices, Quicic Vehicle Servicing, Vehicle Repair,
Auto and RV Sales, Landry Facilities, Equestrian Facilities, Outdoor Recreation,
Indoor Recreation, Major Even Entertairunent, Commercial Parking Lots,
Administrative or Research 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, Medical Centers, Cemeteries, Mortuaries, WECs (Free-standing
Monopole Support Structure), and WECS (Building-moun�ed).
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:
PAGE 2
1. The exterior fa�ade 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.
3. In connection with the restoration, rehabilitation or improvements to the
Structure, the property owner sha11 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 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 make 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, brick 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 farade 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.
SECTION 3. All provisions of Ordinance 2012-188 not specifically amended herein shall
continue in force and effect; however, the provisions of this ordinance shall govern and control over
any conflicting provisions of Ordinance 2012-188, to the extent of any such conflict.
PAGE 3
SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage and approval.
PASSED AND APPROVED this the � day of C. , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPRO AS O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�
BY: ,�Gt��
PAGE 4
BURROU�H$, MAYOR