2005-025S:\Our Documents\Ordinanees\04kZ04-0045.d~c
O mANCE NO. ,- OOg-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM THE NEIGHBORHOOD REGIONAL MIXED USE 12 (NRMU-12) ZONING
DISTRICT TO A NEIGHBORHOOD REGIONAL MIXED USE (NRMU) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION WITH AN OVERLAY TO PERMIT ONLY
MULTI-FAMILY USES, NO MORE THAN 150 RESIDENTIAL UNITS, AND REDUCE THE
SIDE YARD SETBACK FROM 20 FEET TO 15 FEET PLUS ONE FOOT FOR EVERY FOOT
OVER 20 FEET OF BUILDING HEIGHT FOR APPROXIMATELY 12.5 ACRES OF LAND
LOCATED ON AT THE SOUTHWEST CORNER OF HICKORY STREET AND RUDDELL
STREET 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.
(Z04-0045)
WHEREAS, Isbell Engineering Group, Inc., has applied for a change in zoning for
approximately 12.5 acres of land more particularly described in Exhibit "A" attached hereto and
made a part hereof as Exhibit "A" (the "Property") from Neighborhood Regional Mixed Use 12
(NRMU-12) zoning district to a Neighborhood Regional Mixed Use (NRMU) zoning district
classification and use designation, with an overlay to permit only multi-family uses, no more than
150 residential units, and reduce the side yard setback from 20 feet to 15 feet plus one foot for every
foot over 20 feet of building height; and
WHEREAS, on December 15, 2004, the Planning and Zoning Commission recommended
approval of the requested change in zoning; and
WHEREAS, the City Council makes the following findings:
The change in zoning, including the overlay district, is consistent with the
Comprehensive Plan; and
The overly 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
The regulations imposed in the overlay district serve important and substantial
public interests by preserving the integrity and of the neighborhood surrounding
the overlay district while offering a different type; 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 Propertyis hereby
changed from Neighborhood Regional Mixed Use 12 (NRMU- 12) zoning district to a Neighborhood
Regional Mixed Use (NRMU) zoning district classification and use with an overlay to permit only
multi-family uses, no more than 150 residential units, and reduce the side yard setback from 20 feet
to 15 feet plus one foot for every foot over 20 feet of building height.
SECTION 3. Notwithstanding the description of the Property, the property being rezoned
includes all property to the centerline of all adjacent street rights-of-way.
SECTION 4.. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 5. 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 6. 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 7. 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
~7~_./7/2~ , 2005.
E~ROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
PAGE 2
Exhibit A