2005-026S:\Our Ducuraents\Ordinances\04~Z04-0046.d~e
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A MULTI-FAMILY DEVELOPMENT AND USE ON APPROXIMATELY 12.5
ACRES OF LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF HICKORY
STREET AND RUDDELL STREET, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED
USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE. (Z04-0046)
WHEREAS, Isbell Engineering Group, Inc., has applied for a specific use permit for a multi-
family development and use within a Neighborhood Residential Mixed Use zoning district
classification and use designation on approximately 12.5 acres as more particularly described in
Exhibit "A" attached hereto and made a part hereof by reference (the "Property"); and
WHEREAS, on December 15, 2004, the Planning and Zoning Commission recommended
approval ora Specific Use Permit for a multi-family development and use in accordance with the site
plan on file in the City's Planning Department, a copy of which is attached hereto and made a part
hereof as Exhibit "B" (the "Site Plan"); and
WHEREAS, the City Council finds that the Specific Use Permit is consistent with The
Denton Plan; and
WHEREAS, in accordance with Subchapter 6 of the Development Code of the City of
Denton, Texas, the City Council finds that all of the following conditions exist:
The multi-family development and use will be compatible with and not injurious to
the use and enjoyment of other property nor significantly diminish or impair property
values within the immediate vicinity; and
The establishment of a multi-family development and use will not impede the normal
and orderly development and improvement of surrounding property; and
Adequate utilities, access roads, drainage, and other necessary support'mg facilities
have been or will be provided; and
The design, location, and arrangement of all driveways and parking spaces provides
for the safe and convenient movement of vehicular and pedestrian traffic without
adversely affecting the general public or adjacent developments; and
Adequate nuisance prevention measures have been or will be taken to prevent or
control offensive odor, fumes, dust, noise, and vibration; and
Directional lighting will be provided so as not to disturb or adversely affect
neighboring properties; and
There is sufficient landscaping and screening to ensure harmony and compatibility
with adjacent property; 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.
SECTION 2. A specific use permit is hereby approved on the Property to allow a multi-
family development and use within a Neighborhood Residential Mixed Use (NRMU) zomg district
classification and use designation in accordance with the Site Plan.
SECTION 3. Notwithstanding the description o f the Property, the property being rezoned
includes all property to the centerline of all adjacent street fights-of-way.
SECTION 4. The City's official zoning map is amended to show the change in zoning
district classification.
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/~/~ day of
t~7~gg~b~/Z~ , 2005.
E~R~OCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
PAGE 2
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~
PAGE 3
Exhibit A -
Exhibit B