2015-218sAlegahour documents \ordinances \15\z15 ®0010 ordinance.docx
ORDINANCE NO. 2015 -218
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING A CHANGE IN THE
ZONING CLASSIFICATION FROM NEIGHBORHOOD RESIDENTIAL MIXED USE
(NRMU) AND NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU -12) ZONING
DISTRICTS AND USE CLASSIFICATIONS TO A NEIGHBORHOOD RESIDENTIAL 6
(NR -6) ZONING DISTRICT AND USE CLASSIFICATION ON APPROXIMATELY 20.13
ACRES OF LAND GENERALLY LOCATED NORTHWEST OF THE INTERSECTION OF
POCKRUS PAGE ROAD AND POST OAK BOULEVARD IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY'S OFFICAL
ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND
AN EFFECTIVE DATE. (Z15 -0010)
WHEREAS, Rod Zielke, P.E., has applied for a zoning change on approximately 20.13
acres of land legally described in Exhibit "A ", attached hereto and incorporated herein by
reference (hereinafter, the "Property ") from NRMU and NRMU -12 zoning districts and use
classifications to a NR -6 zoning district and use classification; and
WHEREAS, on June 17, 2015, the Planning and Zoning Commission, in compliance with
the laws of the State of Texas, have given the requisite notices by publication and otherwise, and
have held due hearings and afforded full and fair hearings to all property owners interested in
this regard, and have recommended approval (7 -0) of the change in zoning district and use
classification; and
WHEREAS, on July 21, 2015, the City Council likewise conducted a public hearing as
required by law, and finds that the request meets and complies with all substantive and
procedural standards set forth in Section 35.3.4 of the Denton Development Code, and is
consistent with the Denton Plan and the Denton Development Code; and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for a change in the zoning classification of the property ,
have determined that the proposed use is in the best interest of the health, safety, morals, and
general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is
of the opinion and finds that said zoning change is in the public interest and should be granted as
set forth herein; 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 and found to be true.
SECTION 2. The zoning district and use classification for the Property is hereby
changed from NRMU and NRMU -12 to NR -6.
SECTION 3. The City's official zoning map is hereby amended to show the change in
the zoning district and use classification.
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 the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person, firm, partnership or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this
ordinance is violated shall constitute a separate and distinct offense.
SECTION 6. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in
effect when the offense was committed and the former law is continued in effect for this purpose.
SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, 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 o2/1 day of 2015.
CHRIS
Nn S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
h �
APPRO ' D AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY
Exhibit A