2006-360
S:\Our Documents\Ordinances\06\Z06-0024 Teasley Professional Plaza. doc
ORDINANCE NO, 2CtJ6 -..jfP{J
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE OF 3,5 ACRES FROM NEIGBORHOOD RESIDENTIAL 2 (NR-2) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION, WITH AN OVERLAY DISTRICT, LOCATED AT THE NORTHWEST
CORNER OF TEASLEY ROAD AND LILLIAN MILLER BOULEVARD, AND LEGALLY'.
DESCRIBED AS BLOCK B, LOT I OF THE HUNTERS RIDGE ADDITION, IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000,00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE, (Z06-0024)
WHEREAS, the Irwin Realty Group has applied for a change in zoning for approximately 3,5
acres of land legally described as Block B, Lot 1 of the Hunters Ridge Addition (hereinafter, the
"Property") from aN eighborhood Residential 2 (NR -2) zoning district to Neighborhood Residential ~
Mixed Use (NRMU) zoning district classification with an overlay district; and
WHEREAS, on October 11,2006, the Planning and Zoning Commission concluded a public .
hearing as required by law, and recommended approval of the requested change in zoning; and
WHEREAS, the City Council makes the following findings:
A, The change in zoning, as further modified by the overlay district herein defined,
is consistent with the Comprehensive Plan; and
B. The overlay district herein definc:d will protect and enhance the Property and
surrounding "rea which are distinct from lands and structures outside of the
overlay district and the immediate neighborhood; and
C. The regulations imposed in the overlay district serve important and substantial
public interests by preserving the integrity of the neighborhood surrounding the
overlay district;
D, The conditions associated with 935,5,2.4 of the Denton Development Code for
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imposition of a Mixed Use Residential Protection Overlay are found to be met, ::
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that the conditions proposed are intended to address the concerns of adjacent
residential uses for the proposed nonresidential mixed use, that the imposition of
these additional conditions serve to address those concerns, and that the applicant
has consented to them as additional zoning requirements; and 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,
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SECTION 2, The zoning district classifications and uses designations of the Property is
hereby changed from Neighborhood Residential 2 (NR-2) zoning district classification and use
designation to Neighborhood Residential Mixed Use (NRMU) zoning district and use designation,
subject to the additional requirements of a mixed use residential protection overlay district (the
"Overlay District") containing the following additional regulations:
I.
Permitted uses are limited to professional services and offices, administrative
or research facilities, and medical centers, No animal research is permitted,
All buildings shall be single story construction, Additional architectural
standards will include that all roofs shall be pitched and have a maximum of a
10/12 pitch and a minimum ofa 6/12 pitch, All construction shall be a
residential style and should blend with the surrounding neighborhoods,
All buildings shall be 9,000 square feet or less in gross size,
The commercial development will use no name association of the surrounding
neighborhoods, Lighting will be either flood lights or pole lights that will not
exceed 6 feet in height and will meet the regulations provided in Section 35,13,12
Light and Glare Performance Requirements of the Denton Development Code,
A butTer zone of 30 feet will be maintained adjacent to the north and west
property lines, The buffer will be pervious, heavily landscaped, professionally
designed and will include evergreen shrubs and trees, The property owner will
provide I large canopy tree every 30 linear feet and 2 native understory trees
every 30 linear feet within the buffer zone,
The buffer zone will be included in the individual lots and owned by the
individual property owners and developed and installed as each lot develops, The
buffer will be maintained a professional property management company through
a property owners association, The association will be in place prior to the
issuance of any Certificate of Occupancy,
All buildings will have a minimum of 80% masonry distributed evenly on all
sides of the buildings
All dumpsters shall be located at least 100 feet from all residential property, The
developer will provide the minimum number of dumpsters that is allowed by the
solid waste department standards, The solid waste department permits shared
dumpsters, Estimates show four dumpsters required for this project.
The applicant will provide an 8 foot high cedar fence with aluminum posts along
the western property line, The post of the fence will face the commercial
development. The fence will'only be constructed adjacent to those lots where the
homeowners have given permission for the fence construction,
The applicant will provide detention ponds on the site as needed and approved by
the city to help relieve existing runoff to the adjacent residential lots, The
developer will place the detention ponds outside of the required buffer zones if
possibk.
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SECTION 3, The City's official zoning map is amended to show the change in zoning
district classification,
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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 ofthis 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,
SECTION 6, That 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 Den ton,
Texas, within ten (10) days of the date of its passage,
PASSED AND APPROVED this the ;tJ t/; day of .Dee em her
,2006,
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: Cf i1 f I2t r/1/lAJ.;{JflL, 11M:!
APPROVED AS TO LEGAL FORM:
EDWIN M, SNYDER, CITY ATTORNEY
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