2006-302S10ur Documents\Ordinances\06\Z06-0020.doc
ORDINANCE NO. 2006 -Soo
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) TO THE NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION, WITH AN OVERLAY DISTRICT FOR APPROXIMATELY 5.61 ACRES,
GENERALLY LOCATED WEST OF STATE SCHOOL ROAD, NORTH OF THE
OAKMONT II SUBDIVISION, AND EAST OF THE DENTON STATE SCHOOL, 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. (Z06-0020)
WHEREAS, Thomas Muir has applied for a change in zoning for approximately 5.61
acres of land, legally described in Exhibit A, attached and incorporated herein (hereinafter, the
"Property"), from a Neighborhood Residential 2 (NR-2) zoning district to Neighborhood
Residential Mixed Use (NRMU) zoning district classification and use designation: 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. The 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 §35.5.2.4 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 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
WHEREAS, on September 13, 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 and found to be true.
SECTION 2. The zoning district classification and use designation of the property
legally described in Exhibit A, attached and incorporated for all purposes herein (the
"Property"), is hereby changed from a Neighborhood Residential 2 (NR-2) zoning district to
Neighborhood Residential Mixed Use (NRMU) zoning district classification and use
designation, with an overlay district containing the following restrictions and conditions:
a. Only professional service and office buildings, administrative or
research facilities, and medical centers are permitted.
b. Building footprints shall not exceed 10,000 square feet.
C. Buildings abutting existing residential structures are limited to single
story.
d. The southern 3.11 acres will be developed in accordance with the
general regulations standards (Development Code 35.5.2.3) of the
NRMU-12 zoning district class.
e. A ten-foot high wooden screening fence, with the smooth side facing
residences, shall be built along the entire southern property line upon the
construction of a new building on any lot that abuts the southern
property line.
SECTION 3. The City's official zoning map is amended to show the change in zoning
district classification and use designation, including the existence of imposed overlay
requirements.
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 affect the validity of the
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.
I
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 -'day of 2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EXHIM A
All that certain 5.606 acre tract, or parcel of land situated in the MEP & P RR Co. Survey,
Abstract No. 950 and the S. Hembrie Survey, Abstract No. 643, Denton County, Texas; said tract
being part of those tract described in deeds to Robert H. Mitchell, et as, and recorded in Volume
394, Page 3 (First tract) and in Volume 356, Page 100, of the Deed Records of Denton County,
Texas and being more particularly described as follows:
Beginning, for the North corner of the tract being described herein at an iron pin set for the North
comer of the said First tract described in Volume 384, Page 3; said point also being in the West
line of State School Road as occupied;
Thence Southeasterly with said West line of State School Road as occupied, the following calls:
A. South 34 degrees 22 minutes 40 seconds East 61.0 feet;
B. South 37 degrees 46 minutes 20 seconds East 49.9 feet;
C. South 41 degrees 41 minutes 50 seconds East 50.0 feet;
D. South 46 degrees 41 minutes 50 seconds East 50.0 feet;
E. South 46 degrees 51 minutes 50 seconds East 100.0 feet;
F. South 46 degrees 09 minutes 10 seconds East 100.0 feet;
G. South 43 degrees 56 minutes 40 seconds East 100.1 feet;
H. South 42 degrees 15 minutes 40 seconds East 99.9 feet;
1. South 40 degrees 50 minutes 40 seconds East 50.0 feet;
J. South 37 degrees 01 minutes 50 seconds East 49.9 feet;
K. South 34 degrees 18 minutes 50 seconds East 50.0 feet;
L. South 29 degrees 00 minutes 40 seconds East 50.0 feet;
M. South 21 degrees 56 minutes 10 seconds East 49.9 feet;
N. South 17 degrees 11 minutes 30 seconds East 50.0 feet crossing the South line of
the said tract to an iron pin for comer;
"Thence South 82 degrees 26 minutes 30 seconds West 580.3 feet to an iron pit set in the ground;
Thence North 00 degrees 44 minutes 50 seconds East passing at 25.0 feet an iron pin found at a
fence comer post for the Southwest comer of the said tract and continuing along said course a
total distance of 778.3 feet to the point of beginning.