2017-323ORDINANCE NO. 2017-323
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING CHANGE IN THE
ZONING CLASSIFICATION FROM AN NEIGHBORHOOD RESIDENTIAL 6 (NR -6)
DISTRICT AND USE CLASSIFICATION TO A NEIGHBORHOOD RESIDENTIAL MIXED-
USE 12 (NRMU-12) DISTRICT AND USE CLASSIFICATION WITH MIXED USE
RESIDENTIAL PROTECTION OVERLAY RESTRICTIONS ON APPROXIMATELY 3.2
ACRES OF LAND GENERALLY LOCATED ON THE EAST SIDE OF JANNIE STREET,
APPROXIMATELY 420 FEET NORTH OF EAST MCKINNEY STREET IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY'S
OFFICIAL 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. (Z17-0013)
WHEREAS, Eugene Hartman has applied for a zoning change on approximately 3.2 acres
of land legally described and depicted in +Mbit A. attached hereto and incorporated herein by
reference (hereinafter, "the Property") from an NR -6 zoning district and use classification to
NRMU-12 zoning district and use classification; and
WHEREAS, on September 27, 2017, 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 [4-3] of the change in zoning and use classification
with Mixed Use Residential Protection Overlay restrictions; and
WHEREAS, on October 17, 2017, 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;
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for an initial 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 initial zoning 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 NR -6 District to NRMU-12 District with the following Mixed Use Residential Protection
Overlay restrictions:
• Restrict buildings to a maximum one-story building.
• Restrict maximum building height to 35 feet.
• Mechanical units located within 100 feet of the adjacent properties will be limited
to 5 -ton units, placed on the sides of the buildings such that there will not be more
than 2 units on both sides of the building, limiting the total units to 4 units per
building. Units will be screened from the adjacent properties for both noise and
aesthetics.
• Construct a screening wall around the property.
• Strike the below uses from the district:
o Dwelling above businesses
o Group homes
o Multi -Family Dwellings
o Fraternity or Sorority Homes
o Dormitories
o Bed and Breakfasts
o Laundry Facilities
o Semi -Public Halls, Clubs, or Lodges
o Kindergarten or Elementary Schools
o Middle Schools
o Elderly Housing
• "Retail Sales and Service" and "Professional Services and Offices" shall not be
open to customers between the hours of 9:00 pm and 7:00 am.
• The maximum density is limited to six dwelling units per acre.
SECTION 3. The City's official zoning map is hereby amended to show 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.
' 1:1" rtON 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.
S_1.--KTION 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 lk c
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APP ' .LVED M' TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Exhibit A
Legal Description d Site Location Map
3.125 ACRES
NOTESFIELD # ALL aT CERTAIN TRACT OF a # SITUATED
JONATHON BROCK
SURVEY, ABSTRACT
! . B , OF DENTON, #, #. TEXAS, AND BEING A
PART OF OF DESCRIBED ! TO BETTIE BUSHEY, AS #' 1 #
PARTICULARLYIN VOLUME 399, PAGE 526, DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE
DESCRIBED f # #
THENCE NORTH 88 DEGREES 12 MINUTES 28 SECONDS EAST WITH THE NORTH LINEOF
♦ 1 BUSHEY TRACT,PASSING EN ROUTE AT A DISTANCE OF 1 a 1/2" IRON '#D
FOUND AT THE SOUTHWEST CORNER OF LOT 3 IN JANNIE STREET ADDITION, ACCORDIN
TO THE PLAT THEREOF RECORDED IN CABINET E, PAGE 84, PLAT RECORDS
OF DENTON COUNTY, TEXAS, AND CONTINUING ON SAID COURSE AND WITH THE SOUTH
LINE OF SAID LOT 3 IN, A TOTAL DISTANCE OF 210.09 FEET TO A 1/2" IRON ROD FOUND FO
CORNER AT THE SOUTHEAST CORNER OF SAID LOT 3 AND THE SOUTHWEST
CORNER OF LOT 12 OF MACK ADDITION FIRST INSTALLMENT, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 7, PAGE 43, SAID PLAT RECORDS; I
THENCE NORTH 89 DEGREES 34 MINUTES 06 SECONDS EAST WITH THE NORTH LINE OF
SAID BUSHEY TRACT AND WITH THE SOUTH LINE OF SAID LOT 12 FOR A DISTANCE OF
176.53 FEET TO A 1 /2" IRON ROD FOUND FOR CORNER AT A RE—ENTRANT CORNER IN
ILLOCK 6 OF SAID MACK ADDITION;
SOUTHTHENCE 1! DEGREES 11 MINUTES 10 SECONDS
SAID BLOCK 6, A DISTANCE OF 316.53 FEET TO A 1/2" CAPPED IRON ROD SET FOR
CORNER;
59.68
FEET TO A POINT FOR CORNER;
3) WITH I CURVE TURNINGTO THE LEFT WITH AN ARC LENGTH OF 91.67 FEET, WITH f,
RADIUS OF 611 FEET, WITH A CHORD BEARING OF SOUTH DEGREES 11 MINUTES
22 SECONDS WEST, WITH A CHORD LENGTH OF 91.59 FEET TO A POINT FOR CORNER;
4) CONTINUING WITH A COMPOUND CURVE TURNING TO THE LEFT WITH AN ARC
LENGTH OF 1 11 FEET, WITH A RADIUS OF RI! FEET, WITH F CHORD BEARING OF
5) SOUTH 81 DEGREES 16 MINUTES 54 SECONDS WEST FOR A DISTANCE OF 125.06
FEET TO A 1/2" CAPPED IRON ROD SET FOR CORNER;