2006-124
S :\Our Documcnts\Ordinanccs\06\Z06-D007.doc
ORDINANCE NO. 20a;- /2J-/
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE OF 5.74 ACRES OF LAND FROM A NEIGHBORHOOD RESIDENTIAL MIXED
USE (NRMU) ZONING DISTRICT AND A NEIGHBORHOOD RESIDENTIAL-6 (NR-6)
ZONING DISTRICT TO A REGIONAL CENTER COMMERCIAL-DOWNTOWN (RCC-D)
ZONING DISTRICT AND USE DESIGNATION WITH AN OVERLAY DISTRICT ON
PROPERTY LOCATED ON THE NORTH SIDE OF SCRIPTURE ROAD BEGINNING AT A
POINT 300 FEET EAST OF THE INTERSECTION OF SCRIPTURE ROAD AND
INTERSTATE 35 AND LEGALLY DESCRIBED AS A PORTION OF TRACT 4, OF THE
B.B.B & C.R.R. COMPANY SURVEY IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z06-
0007)
WHEREAS, Spring Brook Planning Group initiated a change in zoning for
approximately 5.74 acres of land particularly described in Exhibit "A" attached hereto and made
a part hereof as Exhibit "A" (the "property") from a Neighborhood Residential Mixed Use
(NRMU) zoning district and a Neighborhood Residential-6 (NR-6) zoning district to a Regional
Center Commercial-Downtown (RCC-D) zoping district with an overlay further restricting
allowed land uses to medical offices and hospitals; and
WHEREAS, the City Council makes the following findings:
a. The change in zoning, including the Overlay District, is consistent with the
Comprehensive Plan; and
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; 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; and
WHEREAS, on April 12,2006, 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 classification and use designation of the Property is
hereby changed from a Neighborhood Residential Mixed Use (NRMU) zoning district and a
S:\Our Documents\Ordinances\06\Z06-0007.doc
Neighborhood Residential-6 (NR-6) zoning district to a Regional Center Commercial-Downtown
(RCC-D) with a zoning overlay further restricting allowed uses to medical offices and hospitals.
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 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.
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 2~ay of
Ufl!/wr
C~~
EULINE BROCK, MAYOR
,2006.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY:
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
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S :\Our Documents\Ordinanccs\06\Z06-0007.doc
EXHIBIT "A"
LEGAL DESCRIPTION
Situated in the City of Denton, Denton County, Texas, and being a tract ofland in the
B.B.B. & c. R.R. COMPANY SURVEY, Abstract No. 192, and embracing Tracts One,
Two, and Three of Section Nine of that certain deed to Rayzor Investments, Inc.,
recorded in Volume 1796, Page 601, of the Denton County Deed Records, and also
embracing all of Lot 3, Pearcy/Christon Addition No. I, as shown On plat thereof
recorded in Cabinet B, Slide 34, of the Denton County Plat Records, and all being more
fully described as follows:
BEGINNING at the most southerly southwest corner of said Tract One, said point being
the southeast corner of a "corner clip" in the northeast quadrant of the intersection of the
easterly line of Interstate Highway 35 with the north line of Scripture Street (60 foot wide
right-of-way per adjacent lots), and from which point a fence corner post bears North 16
degrees, 05 minutes West, 3.3feet, and a "Gerry Curtis RPLS 1640" capped 5/8" iron rod
set for reference at the point of intersection of said easterly line and north lines extended
bears South 88 degrees, 35 minutes East, 300 feet, To the PLACE OF BEGINNING.
THENCE North 01 degree, 25 minutes East, 500 feet
THENCE South 88 degrees, 35 minutes East, 500 feet
THENCE South 1 degree, 25 minutes West, 500 feet
THENCE North 88 degrees, 35 minutes West, 500 feet, to the PLACE OF BEGINNING,
and containing 5.7392 acres.