2004-172ORDINANCE NO. ,¢~¢~ .~"~,.-'~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 3 (NR-3)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY
DISTRICT, FOR APPROXIMATELY 3.6 ACRES OF LAND LOCATED GENERALLY ON THE
SOUTHEAST CORNER OF SANTA MONICA DRIVE AND EL PASEO AND LEGALLY
DESCRIBED AS TRACT 9 OF THE A. GIBSON SURVEY IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; SUCH OVERLAY DISTRICT ESTABLISHES DIFFERENT
REGULATIONS THEN WOULD BE NORMALLY PERMITTED IN THE NR-3 DISTRICT,
INCLUDING THE REDUCTION OF THE NUMBER OF PERMITTED RESIDENTIAL LOTS,
REDUCTION OF REQUIRED SIDE YARD SETBACKS, THE INCREASING OF PERMITTED
LOT COVERAGE, AND THE REDUCTION OF REQUIRED LANDSCAPE COVERAGE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTiVE DATE.
(Z04-0018)
WHEREAS, Trilogy Management, LL.C. has applied for a change in zoning for
approximately 3.6 acres of land particularly described in Exhibit "A" attached hereto and made a part
hereof as Exhibit "A" (the "Property") from Neighborhood Residential 2 (NR-2) zoning district
classification and use designation to Neighborhood Residential 3 (NR-3) zoning district
classification and use designation with an overlay district; and
WHEREAS, on May 12, 2004, the Planning and Zoning Commission recommended approval
of the requested change in zoning; 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
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
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; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The fmdings 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 f~om Neighborhood Residential 2 (NR-2) zoning district classification and use designation
to Neighborhood Residential 3 (NR-3) zoning district classification and use designation, with an
overlay district (the "Overlay District") containing the following regulations:
a. The maximum number of residential lots is 8.
b. The minimum side yard setback is 4 feet.
c. The maximum lot coverage is 60%.
d. The minimum landscape coverage is 40%.
The above regulations shall control within the Overlay District over any conflicting regulations for
the NR-3 zoning district contained in the Denton Development Code.
SECTION 2. The City's official zoning map is amended to show the change in zoning
district classification including a reference to the Overlay District.
SECTION 3. If any provision of this ordinance or the application thereof to any person or
cimumstance 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 4. 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 5. 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 ord'mance 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 /5~.day of (~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS.~L-~GAL F/qRM:
BY: " ~7
Page 2
Exhibit A
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