2010-077s:laur documentslordinance~IlO1z08-OQId coning ard~nance.doc
ORDINANCE NO. 2014-077
AN ORDINANCE OF THE CITY OF DENTON, TE~A.S, PROVIDING FOR A ZONING
CHANGE FRAM A NEIGHBQRHQUD RESIDENTIAL 3 (NR-3} ZONJNG DISTRICT
CLASSIFICATION AND USE DESIGNATION T4 A NEIGHBORHOOD RESIDENTIAL
MIMED USE 12 (~TRMU-1Z} ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION, wITH AN OVERLAY DISTRICT, ON APPROXIMATELY 15.13 ACRES
OF LAND LOCATED wEST OF STUART ROAD AND APPROXIMATELY X00 FEET
NORTHWEST OF THE INTERSECTION OF 'W'INDSOR STREET AND STUART ROAD;
PROVIDING FOR A PENALTY IN THE MAXIMCTM AMOUNT OF $2,000,00 FOR
VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTNE DATE ~Z08-0016}.
WHEREAS, Rick Baru, has applied for a change in zoning for approximately 15.13
acres of land legally described in Exhibit A, attached hereto and incorporated herein by reference
~hereinaf~er, the "Property'} from a Neighborhood Residential 3 ~NR-3} zoning district
classification and use designation to a Neighborhood Residential Mixed Use 1Z ~~ZMUw12}
zoning district classification and use designation, with an overlay district; and
WHEREAS, on April 8, X009, the Planning and Zoning Commission recommended
approval of the change in zoning, subject to an overlay district including the following
conditions:
1. Uses are limited to residential uses only;
Z. The maximum building height shall be 33 feet;
3. A 40-foot wide vegetative buffer is required abutting the residential subdivision to
the west, using existing vegetation;
4. The maximum density shall be eight ~8} dwelling units per acre, and buildings shall be constructed in a side~by-side arrangement;
5. The maximum impermeable area shall be 50%;
6. The minimum parl~way width shall be 9 feet;
7 . The minimum side yard, as measured b etween buildings, shall b e 3 0 feet, or 7 5
feet if lots are individually owned.
WHEREAS, since the Planning and Zoning Commission's recommendation, the
applicant has requested a more restrictive overlay district, setting forth the conditions specified
herein, to the extent that they are more restrictive than City standards; and
WHEREAS, the City Council finds that the change is consistent with the Denton Plan
and the Development Code; NO~w, 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 as true.
SECTION 2. The zoning district classification and use designation far the property is
hereby changed from Neighborhood Residential 3 ~NR.-3} to Neighborhood Residential Mixed
s:loui• doeumei3tslni'dii3~i1C~S1~~IZQB-QOIG Znllill~ nl'dinai~Ce.dnC
Use 12 ~`~R_MU-12} with overlay establishing the following conditions, to the extent they are
more restrictive than City standards:
1. Uses are limited to residential uses only;
2. A 40wfoot wide vegetative buffer is required abutting the residential subdivisions
to the west Cooper Landing}, to the east The Village, Phase 1} and to the no~•th
The Village, Phase 2};
3. A ~5-foot wide vegetative buffer is ~•equired abutting the residential subdivision to
the south The Village, Phase 4};
4. A restrictive building zone of 210 feet in width identified as Zone 1:7.58 acres
on the attached Exhibit C}, as measured from subdivisions to the west Cooper
Landing}, east The Village, Phase 1} and north The Village Phase 2}, shall carry
the following restrictions:
a. The maximum. building height shall be 36 feet; and
b. Dwelling units shall beplaced in aside-by-side configuration;
5. A less restrictive building zone identified as Zone Z. 4.75 acres on the attached
Exhibit C}, shall carry the following rest~•ictions;
a. Dwelling units may be stacl~ed vertically, provided the upper stogy
dwellings are provided access by a cove~•ed stairway; and
b. The maximum building height shall be 40 feet;
6. In both of the building restriction zones Zone 1 and Zone 2}, the following
restrictions shall apply:
a, Building setbacl~ from the buffers identified in condition #2 and
condition # 3, shall be 12 feet, excepting typical praj ections such as
eaves, bay windows, porches, etc,; an
b, Nlini~num separation between all buildings shall be 30 feet, except in
the case of one-story garages, which shall be placed no closer than 15
feet from othex• buildings;
7. The minimum parl~way width shall be 9 feet if the site is developed as a gated
community with private streets;
S. The maximum density shall be 7, 5 units per acre; and
9, The minimum pe~•meable area shall be 50%, excepting any ponds.
Notwithstanding the attached real property description, the property being rezoned includes all
property to the centerline of all adjacent st~•eet rights-of way,
SECTT~N 3. The City's official land use map is amended to show the change in the land
use designation.
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 other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000,00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
s;laur documentslardinances1101z08-0016 zoning o~~dinanee.dac
SECTION 6. This ordinance shall become effective fourteen X14} days from the date of
its passage, and the Clty Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a dally newspaper published in the City of
Denton, Texas, within ten X10} days of the date of its passage.
PASSED AND APPROVED tlais the da of ~ 2010. Y
d ~
M A, B GAS, A OR
ATTEST;
JENN~'ER wALTERS, CITY SECRETARY
}
BY:
APPROVED AS TO LEGAL FORM;
AN1TA BURGESS, CIT~TT~R-NEB ..~.m
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ExH~B~T A
LEGAL DESCRIPTION
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