2007-048
ORDINANCE NO. 20 !J7- () t)&
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2(NR-2) ZONING DISTRICT TO A
NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT WITH A MIXED
USE RESIDENTIAL PROTECTION OVERLAY, RESTRICTING THE USES TO CHURCH AND
CHURCH RELATED USES FOR PROPERTY LEGALLY DESCRIBED AS LOT I, BLOCK A,
OF THE GREGORY & KATHLEEN POLLOCK ADDITION, AN ADDITION TO THE CITY OF
DENTON, TEXAS ACCORDING TO THE PLAT THEREOF, RECORDED IN CABINET L,
PAGE 139 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; PROVIDING A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z06-0038)
WHEREAS, Faith United Methodist Church has applied for a change in zoning for
approximately 10.2 acres of land from a Neighborhood Residential 2(NR-2) zoning district to a
Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation
with a mixed use residential protection overlay district, further restricting allowed land uses to
Church and Church related uses; and
WHEREAS, the City Council makes the following findings:
a. The change in zoning, including the mixed use residential protection overlay, is
consistent with the Denton Plan; and
b. The mixed use residential protection overlay will protect and enhance the
property and surrounding area which are distinct from lands and structures
outside of the mixed use residential protection overlay and the immediate
neighborhood; and
c. The regulations imposed in the mixed use residential protection overlay serve
important and substantial public interests by preserving the integrity of the
neighborhood surrounding the mixed use residential protection overlay; and
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 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 January 24,2007, the Planning and Zoning Commission recommended
approval of the requested change in zoning with the mixed use residential protection overlay;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. 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 is hereby changed from
Neighborhood Residential 2 (NR-2) zoning district classification and use designation to
Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation
with a mixed use residential protection overlay containing the following regulation:
The permitted uses are limited to Church and Church related uses only.
The above regulations shall control within the overlay district over any conflicting regulations for the
NRMU zoning district contained in the Denton Development Code. The subject site is attached
hereto as Exhibit "A" and incorporated herein by reference. Notwithstanding the above real property
description, the property being rezoned includes all property to the centerline of all adjacent street
rights-of-way.
SECTION 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 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 ;Ji/ltday of
h/h nltl.n/
/
,2007.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY,
BY: C}uJ1 (J 4'elztlA dJJ-n( ().JJ;t.
APPROVED AS TO LEGAL FORM:
ED~NYDER,e," ATTORNEY
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