2006-361
S:\Our Documcnts\Ordinances\06\Z06-0032 Lexington Park.doc
ORDINANCE NO, 2IJ06-.. 56 /
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE OF 1.722 ACRES FROM NEIGBORHOOD RESIDENTIAL 4 (NR-4) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION WITH A OVERLAY DISTRICT LOCATED ON THE WEST SIDE OF
TEASLEY LANE APPROXIMATELY 1,000 FEET SOUTH OF WHEELER RIDGE DRIVE AND
LEGALLY DESCRIBED AS BLOCK L, LOT 8 OF THE LEXINGTON PARK PHASE 2
ADDITION, 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, (Z06-0032)
WHEREAS, Ashton Dallas Residential LLC requested a change in zoning for approximately
1,722 acres ofland legally described as Block L, Lot 8 of the Lexington Park Phase 2 Addition (the
"property") from Neighborhood Residential 4 (NR-4) zoning district classification and use
designation to Neighborhood Residential Mixed Use (NRMU) zoning districts and use designation
with an overlay district; and
WHEREAS, the City Council makes the following findings:
a, The change in zoning, including the overlay district, IS consistent with the
Comprehensive Plan;
b, The overlay district will protect and enhance the Property and surrounding area
which are distinct from lands and structures outside of the overlay district and the
immediate neighborhood;
c, Thc regulations imposed in the overlay district serve important and substantial public
interests by preserving the integrity of the neighborhood surrounding the overlay
district, while offering a different type of residential home to the public and the
neighborhood;
d, The conditions associated with 935,5,2.4 of the Denton Development Code for
imposition of a Mixed Use Residential Protection Overlay are found to be met, that
the conditions proposed are intended to address the concerns of adjacent residential
uses for the proposed nomesidential 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
WHEREAS, on November 8, 2006, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommended approval of the requested change in zoning; 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,
SECTION 2, The zoning district classifications and uses designations of the Property is
hereby changed from Neighborhood Residential 4 (NR-4) zoning district classification and use
designation to Neighborhood Residential Mixed Use (NRMU) zoning district and use designation
with an overlay district which requires that the building height be restricted to one story and the
buildings be constructed of residential style architecture,
SECTION 3, The City's official zoning map is amended to show the change in zoning
district 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 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, 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 N-tfJ day of ,.DI-(ltm hf..t
,2006,
c:~6? ~JI
PERR ' McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: Qw/~M~, ~
APPROVED AS TO LEGAL FORM:
EDWINM, S , ITY ATTO Y