2016-362ORDINANCE i. -
AN ORDINANCE OF DENTON, TEXAS, PROVIDING • REZONING FROM
A NEIGHBORHOOD RESIDENTIAL 3 (NR -3) ZONING DISTRICT AND USE
CLASSIFICATION TO A NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12)
ZONING DISTRICT AND USE CLASSIFICATION AND A MIXED USE RESIDENTIAL
PROTECTION OVERLAY ON AN APPROXIMATELY 2.33 ACRE PROPERTY
GENERALLY LOCATED AT THE NORTHEAST CORNER OF SHERMAN DRIVE AND
KINGS ROW, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR
A PENALTY IN THE MAXIMUM AMOUNT OF 11111 FOR VIOLATIONS THEREOF;
WHEREAS,PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z16-0019)
• on - r of property owner,of Denton,
applied for a zoning change for an approximately 2.33 acres property legally described in Exhibit
• and illustrated in Exhibit• hereto • incorporated herein by
(hereinafter, the "Property") from an NR -3 zoning district and use classification to an NRMU- 12
zoning district and use classification; and
WHEREAS, in conjunction with the zoning change request, the property owner is also
requesting a Mixed Use Residential Protection Overlay to restrict all uses in the proposed rezoning
to only • permitted within the NR-3District with the exceptionof •
which shall remain a permitted use; and
WHEREAS, Subehapter 3 5.5.2.4 of the Denton Development Code allows for the creation
of a Mixed Use Protection Overlays in conjunction with an amendment of the underlying mixed
use zoning classification where necessary to address the concerns of owners of existing adjacent
residential uses regarding the incompatibilities of a proposed non-residential or multi -family
mixed-use on a property; and
WHEREAS, on •r" 2016, the Planning • Zoning Commission,• •
liance
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 (6-0) of the change in zoning district and use
classification and Mixed Use Residential Protection Overlay; and
WHEREAS, on November 1 • the CityCouncil• r • •
lic 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. • the Denton Development • •
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for a change in [llc zoning classification ofthe property
with a Mixed Use Residential Protection Overlay, have determined that the proposed district and
overlay are in the best interest of the health, safety, morals, and general we] I' re. 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 and overlay are in the public interest and should be granted as set forth herein;
NOW THEREFORE,
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 NR -2 to NRMU-12 with a Mixed Use Residential Overlay District restricting use of the
property to only those uses permitted in the NR -3 District, with the exception of Community
Service, which shall remain a permitted use.
SECTION 3. The City's official zoning map is hereby amended to show the change in the
zoning district and use classification and Mixed Use Residential Protection Overlay.
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.
SEC' ON 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.
I
PASSED AND APPROVED this the 9 day of 201
CHRIS WATTS, MAYOR
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BEING a 2.332 acre tract of • in the S. McCrackenSurvey,• No.
817, City of Denton, Denton County, Texas, being all of a called 1.059 acre tract of
land and all of a called 1.215 acre tract of land, as described in Deeds to the City of
Denton, Texas, and recorded in Document No. 2016-15374 and Document No.
2015-104220 of the Official Records of Denton County, Texas, and being more
particularly described as follows:
BEGINNING at a 5/8 inch iron rod with cap stamped "TNP" found for corner in the
East line of - - ! Highway ! 428, a 100' wide right-of-way),said
point being the most Northerly corner of the above cited 1.059 acre tract, said point
..........
also being in the West line of Cambridge Square Subdivision, per the Final
THENCE North 29*03'19" East, along the East line of said Sherman Drive, passing a
5/8 inch iron rod with cap stamped "TNP" found at the Northwest corner of said 1.215
acre tract and the Southwest corner of said 1.059 acre tract at a distance of 227.83
feet, and continuing for a total distance of 698.82 feet to the POINT OF BEGINNING,
and containing 2.332 acres of land, more or less.
I W14 so I I