2002-386AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZON1NG DISTRICT
CLASSIFICATION AND USE DESIGNATION TO NEIGI-IBORHOOD RESIDENTIAL 1 (DR- 1 )
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY
80 ACRES OF LAND LOCATED AT 1300, 1360, AND TRACT 5 BRUSH CREEK ROAD
LEGALLY DESCRIBED AS TRACTS 33, 34, 35, 36, 36A, 36B IN ABSTRACT 1343A IN THE
J.W. WITHERS SURVEY, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z02-0036)
WHEREAS, The Planning and Zoning Commission initiated a change in zoning for
approximately 80 acres of land being tracts 33, 34, 35, 36, 36A, 36B in abstract 1343A in the J.W.
Withers survey the City of Denton, Denton County, Texas, commonly known 1300, 1360, and tract 5
Brush Creek Road, as more particularly described in Exhibit "A" attached hereto and made a part
hereof by reference (the "Property") from Neighborhood Residential 2 (NR-2) zoning district
classification and use designation to Neighborhood Residential 1 (NR-1) zoning district
classification and use designation; and
WHEREAS, on September 25, 2002, the Planning and Zoning Commission recommended
approval to change the zoning to Neighborhood Residential 1 (NR-1); and
WHEREAS, the City has received written protests pursuant to Texas Local Govermment
Code Section 211.006, which requires a three quarter vote by the City Council to change the zoning
district classification and use designation.
WHEREAS, the City Council finds that the change is consistent with the Comprehensive
Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The zoning district classification and use designation of the Property is hereby
changed from Neighborhood Residential 2 (NR-2) zoning district classification and use designation
to Neighborhood Residential 1 CNR- 1 ) zoning district classification and use and such zoning change
has been passed by a three quarter vote of the City Council.
SECTION 2. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 3. 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 4. Any person violating any provision of this ord'mance 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 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.
PASSED AND APPROVED this the /~2g6/~ dayof ~~
,2002.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HERBERT L. PROUTY, CITY ATTORNEY
EULINE BROCK, MAYOR
PAGE 2
Z02-0036
Exhibit A
(Brush Creek Road)
NORTH
LOCATION MAP