2002-195AN 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 MLXED
USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
APPROXIMATELY 37 ACRES OF LAND GENERALY LOCATED ON THE WEST SIDE OF
NORTH BONNIE BRAE ROAD NORTH OF WINDSOR DRIVE AND SOUTH OF NORTH ELM
STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (Z02-0007)
WHEREAS, Joyce Poole, on behalf of Adam Kunzman, Eric and Marla Fullerton, Wallace
B. Duke, and John and Dorothy Smith, initiated a change in zoning for approximately 37 acres of
land from Neighborhood Residential 3 (NR-2) zoning district classification and use designation to
Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation;
and
WHEREAS, on March 27, 2002, the Planning and Zoning Commission concluded a public
heating as required by law, after which the commission recommended approval of a change in
zoning to Neighborhood Residential Mixed Use (NRMU) zoning district classification and use
designation;
WHEREAS, the City Council finds that the change in zoning 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 approximately 37
acre property located on the west side of North Bonnie Brae approximately between Windsor Drive
and North Elm Street, surrounded on the north, west and south sides by the Planned Development
115 (PD-115) zoning district, and legally described as Tracts 30, 3 I, 32, 34 and 35 in the N. Wade
Survey, Abstract No. 1047, Tract 1 of the F. Batson Survey, Abstract No. 43, and Lot 1, Block 1 of
the John Smith Addition and as shown on the map attached hereto and made a part hereof as Exhibit
"A", is hereby changed fi.om Neighborhood Residential 2 0XrR-2) zoning district classification and
use designation to Neighborhood Residential Mixed Use (NRMU) zoning district classification and
use designation under the comprehensive zoning ordinance of the City of Denton, Texas.
SECTION 2. The City's official zoning map is amended to show the changes in zoning
district classifications.
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
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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 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 t/~~' day of (//~" ,'2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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Exhibit A
RCC'D
PD,41~
HR-2