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HomeMy WebLinkAboutZ25-0003bORDINANCE NO. 225-OO03b AN ORD[NANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE ZONING DISTRICT AND USE CLASSIFICATION FROM RURAL RESIDENTIAL (RR) DISTRICT TO RESIDENTIAL 7 (R7) DISTRICT ON APPROXIMATELY 4.99 ACRES OF LAND GENERALLY LOCATED NORTH OF POCKRUS PAIGE ROAD, APPROXIMATELY 325 FEET WEST OF SWISHER ROAD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY’S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROViDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (225-OO03b) WHEREAS, the applicant and owner, Paige Smith, requested to rezone approximately 4.99 acres of land from Rural Residential (RR) District to Residential 7 (R7) District, legally described in Exhibit “A”, and depicted in Exhibit “B” attached hereto and incorporated herein by reference (hereinafter, the “Subject Property”); and WHEREAS, on April 9, 2025, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, have given the requisite notices by publication and otherwise, and have held due hearings and afforded full and fair hearings to all property owners interested in this regard, and have recommended approval [5-0] of the request; and WHEREAS, on May 6, 2025, the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards set forth in Section 2.7.2 of the Denton Development Code, and is consistent with the Denton 2040 Comprehensive Plan and the Denton Development Code; and WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for establishing a zoning district change for the Property, have determined that the proposed use is in the best interest of the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that said zoning change is in the public interest and should be granted as set forth herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAfNS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The zoning district and use classification for the Property is hereby changed to Residential 7 (R7) District. SECTION 3. The City’s official zoning map is hereby amended to show the established zoning district and use classification. 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 the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. In compliance with Section 2.09(c) of the Denton Charter, 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 Record­Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. The motion to approve this ordinance was made by Jill Jester and seconded by Brian Beck, the ordinance was passed and approved by the following vote [ 6 - 1 ] : Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Paul Meltzer, District 3: Joe Holland, District 4: Brandon Chase McGee, At Large Place 5: Jill Jester, At Large Place 6: Aye X X X X X X Nay Abstain Absent X PASSED AND APPROVED this the 6th day of May, 2025. �� Page 2 of 5 ATTEST: LAUREN THODEN, CITY SECRETARY a\\\lllllfff APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Page 3 of 5 1J e giIIS ! !tr {1i t i o n ons xcBES L“-';':: Ilb'"'b'.“ I 18 B ! ! ! I I i !!! I I I tit ! :;{}; On ACRES [ I I I I 1 I btITleeuV Exhibit B Subject Property Map ! GOD ETJ 2 NAA 8/1/40 DENTON Page 5 of 5