2002-149AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED-
USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
APPROXIMATELY 3.1 ACRES OF LAND, COMMOMLY KNOWN AS 711 EAST SHERMAN
DRIVE, AND GENERALLY LOCATED ALONG THE WEST SIDE OF SHERMAN DRIVE
APPROXIMATELY 150 FEET WEST OF THE INTERSECTION OF LINWOOD DRIVE AND
SHERMAN DRIVE AND LEGALLY DESCRIBED AS 3.1 ACRES OF TRACT 47 OF
ABSTRACT J. CARTER SURVEY; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE. (Z002-0020)
WHEREAS, Don Frazier, on behalf of Jan Hughes, initiated a change in zoning for
approximately 3.1 acres of land from Neighborhood Residential 3 (NR-3) zoning district
classification and use designation to Neighborhood Residential Mixed-Use (NRMU) zoning district
classification and use designation; and
WHEREAS, on April 10, 2002, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommended approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change in zoning is consistent with the
Comprehensive Plan and Development Code; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The zoning district classification and use designation of the approximately 3.1
acres remaining of the 3.966 acre original tract of land, described as Abstract J. Carter Survey, Tract
47 and more particularly described in the deed to John Nichols Hughes, Victoria Nichols Whitehead,
and Clark Reed Nichols recorded in Vol. 4355, Page 1082 of the Real Property Records of Denton
County, Texas, and more particularly described in Exhibit "A", is changed from Neighborhood
Residential 3 (NR-3) zoning district classification and use designation to Neighborhood Residential
Mixed-Use (NRMU) zoning district classification and use.
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 apphcation 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 ordinance shall, upon conviction, be
fined a stun not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
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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 /4~L72 day o f ~/t~g~ ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
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05/1,i/02 ~ 16:25 FAX 9~03497707 CIT'f OF D~NTON PLANNIN~ ~]002