2004-383O INANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL 4 (NR-4) AND NEIGHBORHOOD
RESIDENTIAL 6 (NR-6) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS
TO NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY DISTRICT, FOR
APPROXIMATELY 38 ACRES OF LAND LOCATED GENERALLY SOUTH OF RYAN ROAD
AT MONTECITO DRIVE AND LEGALLY DESCRIBED AS LOT 1, BLOCK A OF LAKE
FOREST GOOD SAMARITAN VILLAGE IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS; SUCH OVERLAY DISTRICT ESTABLISHES DIFFERENT REGULATIONS THAN
WOULD BE NORMALLY PERMITTED IN THE NR-4 DISTRICT, INCLUDING THE
RESTRICTION OF PERMITTED USES TO ELDERLY HOUSING ONLY, AND THE
RESTRICTION OF THE NUMBER OF PERMITTED UNITS TO 444; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A
SEVERABILITY CLAUSE AND AN EFFECTiVE DATE.
(Z04-0042)
WHEREAS, CADM Architecture has applied for a change in zoning for approximately 38
acres of land legally described as Lot 1, Block A, Lake Forest Good Samaritan Village (the
"Property") from Neighborhood Residential 4 (NR-4) and Neighborhood Residential 6 (NR-6)
zoning district classifications and use designations to Neighborhood Residential Mixed Use
(NRMU) zoning district classification and use designation with an overlay district; and
WHEREAS, on October 27, 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 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 fi:om Neighborhood Residential 4 (NR-4) and Neighborhood Residential 6 (NR-6) zoning
district classifications and use designations to Neighborhood Residential Mixed Use (NRMU)
zoning district classification and use designation, with an overlay district (the "Overlay District")
containing the following regulations:
a. The permitted uses are restricted to Elderly Housing only.
b. The maximum number of allowed units is 444.
The above regulations shall control within the Overlay District over any conflicting regulations for
the NRMU zoning district contained in the Denton Development Code.
SECTION 3. The City's official zoning map is amended to show the change in zoning
district classification including a reference to the Overlay District.
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 fi:om 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.
P ASSEDANDAPPROVEDthisthe'~ day of ~~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
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