Z19-0001a5:\Legal\Our Documents\Ordinances\19\Z19-0001 revised.dou
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, EFFECTING A CHANGE IN THE
ZONING DISTRICT AND USE CLASSIFICATION FROM NEIGHBORHOOD
RESIDENTIAL 4 (NR-4) TO NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU)
ZONING DISTRICT AND USE CLASSIFICATION ON APPROXIMATELY 0.82 ACRES OF
LAND, GENERALLY LOCATED ON THE NORTH SIDE OF ROBERTSON STREET,
APPROXIMATELY 300 FEET EAST OF SKINNER 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 FOR SEVERABILITY AND
ESTABLISHING AN EFFECTIVE DATE. (Z19-0001)
WHEREAS, Redmon Ebony Inc, has applied for a zoning change on approximately 0.82
acres of land legally described as Block 4, Lots 2, 3, 4, and 5 of the Alex Robertson Addition,
and depicted in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter,
the "Property"); and
WHEREAS, on February 20, 2019, the Planning and Zoning Commission, in
compliance with the laws of the State of Texas, having given the requisite notices by
publication and otherwise, and after holding full and fair hearings to all citizens and
property owners interested in this regard, recommended approval (7-0) of the change in zoning
district and use classification; and
WHEREAS, on March 5, 2019, 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, during the March 5t" public hearing, the City Council heard evidence that
costs assessed with the application for a certificate of occupancy, and costs associated with
filing the application for rezoning, were necessitated in part by actions of prior City staff in
previously granting a certificate of occupancy ("CO") for a restaurant on the property, leading
the present applicants to expend money in reliance upon that prior CO, when the current zoning
actually compelled denial; and
WHEREAS, in light of City staff's confirmation of fees imposed to bring the zoning
case and apply for a certificate of occupancy, the City Council determined that these fees
should be rebated, and found that a valid public purpose existed to rebate those fees back to the
applicant; 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;
Sl (TION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference and found to be true.
SF(,'TION 2. The zoning district and use classification for the Property is hereby
changed from Neighborhood Residential 4 (NR-4) to the Neighborhood Residential Mixed Use
(NRMU) zoning district and use classification.
SC: 11' . The City's official zoning map is hereby amended to show the change in
the zoning district and use classification.
l,C. TION 4. Having determined that fees assessed to bring this rezoning case forward
and apply for a CO, based in part upon the erroneous actions of prior city staff in granting an
earlier CO for a similar purpose, the Council determines that a valid public purpose would be
served in directing City staff to rebate those fees to the applicant, and so directs.
SIC "° j0N 5. 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
remaining provisions or applications, and to this end the provisions of this ordinance are
severable.
E(1-IONCis, 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 7. An offense committed before the effective date of this ordinance is
governed by prior law, and the provisions of the those ordinances and codes in effect when the
offense was committed, and the former law is continued in effect for this limited purpose.
S � C ION 8mm 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.
rY a'
The motion to approve this ordinance was made by _ �����I> , F,Y', Viand
seconded by � � � � � r , the ordinance was passed and appr-oved by
the following vote [_ - _1:
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Aye Nay
.a
Deb Armintor, At Large Place 5:'
Paul Meltzer, At Large Place 6: l
............................I
Abstain Absent
I
PASSED AN CTD this the ')l PZday of `64,1, C' f „ 2019.
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CHRIS W 1A"S, AYOR
*
ATTEST:�. �"
ROSA RIOS, Cl11" ? "
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APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: /s/J'+ ry la. Drake Jr.
Exhibit A