2015-236sAlegal\ourdocuments \ordinances \15\x15 -0014 s 15-0005 ordinance.dou
ORDINANCE NO. 2015-236
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING AN INITIAL
ZONING DISTRICT AND USE CLASSIFICATION OF NEIGHBORHOOD
RESIDENTIAL 1 (NR -1) AND A SPECIFIC USE PERMIT (SUP) FOR A SEMI-
PUBLIC HALL, CLUB, OR LODGE. THE APPROXIMATELY 10.8 ACRE SITE IS
GENERALLY LOCATED ON THE EAST SIDE OF BARTHOLD ROAD AND
APPROXIMATELY 2700 FEET SOUTH OF GANZER ROAD; ADOPTING AN
AMENDMENT TO THE CITY'S OFFICIAL ZONING MAP AND PROVIDING FOR
A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
(Z15 -0014 AND 515- 0005).
WHEREAS, a request was made by Virginia Nichols for an initial zoning district
and use classification of Neighborhood Residential 1 (NR -1) on approximately 10.8 acres
of land and to allow a Specific Use Permit for a Semi - Public Hall, Club, or Lodge use
located at Lot 14, Block 1, Ganzer Estates in the City of Denton, Denton County, Texas;
and
WHEREAS, after notice published, a public hearing was held before the Planning
and Zoning Commission in accordance with State law on July 8, 2015, whereby the
Planning and Zoning Commission recommended approval (5 -0) of the requested initial
zoning district and use classification and Specific Use Permit; and
WHEREAS, after notice published, a public hearing was held before the City
Council in accordance with State law and the City Council hereby finds that the request is
consistent with the Denton Plan and federal, state, and local law and that the Applicant
has agreed to comply with all provisions of the Denton Development Code, as they exist,
may be amended, or in the future arising, including but not limited to, this Ordinance, and
has further agreed to comply with the additional restrictions and conditions set forth
herein; and
WHEREAS, the City Council has determined that it will be beneficial to Denton
and its citizens to grant the SUP; that such grant will not be detrimental to the public
welfare, safety, or health; and that the SUP should be granted; 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.
S1 i "TION_ 2_ The initial zoning district and use classification for the Property
shall be Neighborhood Residential 1 (NR- 1)w
SECTION 3_. The City's official zoning map is hereby amended to show the
change in the zoning district and use classification.
SECTION SUP Granted. The Specific Use Permit (SUP) to allow a Semi -
Public Hall, Club, or Lodge on the Property is hereby approved, subject to the following
conditions:
1. Any additional improvements to expand the use other than adding 400 square feet
to the existing building for meeting space and restrooms and associated parking
improvements will require approval of a new Specific Use Permit.
2. The approval of the Specific Use Permit is for the Denton Police Officer's
Association's Shop with a Cop and cannot be transferred to another entity.
SECTION 5. Failure to Comply. Except as otherwise stated above, all terms of
the SUP shall be complied with prior to issuance of a Certificate of Occupancy. Failure
to comply with any term or condition of the Ordinance will result in the SUP being
declared null and void and of no force and effect.
SECTION 6. SUP Regulations. Upon notice to the property owner and a hearing
before the City Council, a SUP may be revoked or modified if:
1. There is one or more of the conditions imposed by this Ordinance that has not
been met or has been violated on the Property; or
2. The SUP was obtained or extended by fraud or deception; or
3. As otherwise permitted by law and /or Denton's Zoning Ordinance.
SECTION 7. Effective date of SUP. The SUP shall be effective from and after
the effective date of this Ordinance. Upon p termination of the SUP, the Property shall
cease to be used as provided herein unless another SUP or appropriate zoning has been
obtained.
SECTION 8. Unlawfulµ use. It shall be unlawful for any person, firm, entity, or
corporation to make use of the above - referenced Property in some manner other than as
authorized by the Denton Code of Ordinances and this Ordinance.
SECTION 9. Penalty. Any person, firm, entity or corporation violating any
provision of this ordinance shall, upon conviction, be fined a sum not exceeding
$2,000.00 for each violation. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense. The penal provisions imposed under this
Ordinance shall not preclude Denton from filing suit to enjoin the violation and it retains
all legal rights and remedies available to it under local, state and federal law.
SECTION 10. Severability. 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 11. Effective Date of Ordinance. 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 2015.
...........:
CHRIS WA']:' 1 -S MAYO; R
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I
A1111 RO ED AS O LEGAL FORM:
BURGESS, CITY ATTORNEY
U
r'