2015-301S: \I,egai\®urpocuments \Ordinances \15\Z15 ®0008 S15- 00060rdinance.docx
ORDINANCE NO. 2015 -301
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CHANGE IN
ZONING CLASSIFICATION FROM NEIGHBORHOOD RESIDENTIAL 4 (NR -4) TO
NEIGHBORHOOD RESIDENTIAL 2 (NR -2) AND APPROVING A SPECIFIC USE
PERMIT (SUP) FOR AN EQUESTRIAN FACILITY ON APPROXIMATELY 1.003
ACRES OF PROPERTY, GENERALLY LOCATED ON THE EAST SIDE OF FORT
WORTH DRIVE AND APPROXIMATELY 700 FEET SOUTH OF JOHNSON LANE;
ADOPTING AN AMENDMENT TO THE CITY'S OFFICIAL ZONING MAP AND
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z15 -0008 AND S15- 0006).
WHEREAS, Robert F. Williams has applied for a zoning change from a
Neighborhood Residential 4 (NR -4) zoning district and use classification to a
Neighborhood Residential 2 (NR -2) zoning district and use classification and to request a
Specific Use Permit for an Equestrian Facility use on approximately 1.003 acres of land
generally located on the East side of Fort Worth Drive and approximately 700 feet South
of Johnson Lane, and legally described in Exhibit "A ", attached hereto and incorporated
herein by reference (hereinafter, the "Property "); and
WHEREAS, after notice published, a public hearing was held before the Planning
and Zoning Commission in accordance with State law on August 19, 2015, whereby the
Planning and Zoning Commission recommended approval (7 -0) of the requested zoning
district and use classification change and Specific Use Permit; and
WHEREAS, after notice published, a public hearing was held before the City
Council in accordance with State law and the City Council hereby finds that the request is
consistent with the Denton Plan and federal, state, and local law and that the Applicant has
agreed to comply with all provisions of the Denton Development Code, as they exist, may
be amended, or in the future arising, including but not limited to, this Ordinance, and has
further agreed to comply with the additional restrictions and conditions set forth herein;
and
WHEREAS, the City Council has determined that it will be beneficial to Denton
and its citizens to grant the SUP; that such grant will not be detrimental to the public
welfare, safety, or health; and that the SUP should be granted; 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 and found to be true.
SECTION 2. The zoning district and use classification for the Property is hereby
changed from Neighborhood Residential 4 (NR -4) to Neighborhood Residential 2 (NR -2).
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SECTION 3, The City's official zoning map is hereby amended to show the change
in the zoning district and use classification.
SECTION 4. SUP Granted. The Specific Use Permit (SUP) to allow an Equestrian
Facility on the Property is hereby approved.
SECTION 5. Failure to Comply. Except as otherwise stated above, all terms of the
SUP shall be complied with prior to issuance of a Certificate of Occupancy. Failure to
comply with any term or condition of the Ordinance will result in the SUP being declared
null and void and of no force and effect. The SUP is issued to the entity named above and
is assignable and transferable.
SECTION 6. SUP Regulations. Upon notice to the property owner and a hearing
before the City Council, a SUP may be revoked or modified if:
1. There is one or more of the conditions imposed by this Ordinance that has not been
met or has been violated on the Property; or
2. The SUP was obtained or extended by fraud or deception; or
3. As otherwise permitted by law and /or Denton's Zoning Ordinance.
SECTION 7. Effective date of SUP. The SUP shall be effective from and after the
effective date of this Ordinance. Upon termination of the SUP, the Property shall cease to
be used as provided herein unless another SUP or appropriate zoning has been obtained.
SECTION 8. Unlawful use. It shall be unlawful for any person, firm, entity, or
corporation to make use of the above - referenced Property in some manner other than as
authorized by the Denton Code of Ordinances and this Ordinance.
SECTION 9. Penalty. Any person, firm, entity or corporation violating any
provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00
for each violation. Each day that a provision of this ordinance is violated shall constitute
a separate and distinct offense. The penal provisions imposed under this Ordinance shall
not preclude Denton from filing suit to enjoin the violation and it retains all legal rights
and remedies available to it under local, state and federal law.
SECTION 10. Severability. 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.
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SECTION 11. Effective Date of Ordinance. 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.
PASS1 ^al) AND APPROVED this the � . day of
>2015.
�.. ........ � N
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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Exhibit A
Legal Description
BEING all that certain lot, tract, or parcel of land situated in the W. Hudson Survey
Abstract Number 586 in the City of Denton, Denton County, Texas, being all that certain
tract of land conveyed by deed from Fanny G. White to Bradley Dean Thomas and
Kimberly Kay Thomas recorded under Document Number 2013 - 141349, Real Property
Records, Denton County, Texas and being more particularly described as follows:
BEGINNING at an iron rod found for corner in the east line of United States Highway
Number 377, a public roadway, said point being the most westerly southwest corner of Lot
1, Block A of Redgate Pecan Estates, an addition to the City of Denton, Denton County,
Texas, according to the plat thereof recorded in Cabinet N, Page 233, Plat Records, Denton
County, Texas;
THENCE S 620 15' 56" E, 570.32 feet with a south line of said Lot 1 to an iron rod found
for corner at an inner ell of said Lot 1;
THENCE S 260 13' 21" W, 76.40 feet with a west line of said Lot 1 to an iron rod found
for corner, said point being the northeast corner of the remnant of that certain tract of land
conveyed by deed from Leon Parton and wife, Peggy Parton to Harvey A. Thompson
recorded in Volume 754, Page 892, Deed Records, Denton County, Texas;
THENCE N 620 16' 18" W, 572.84 feet with the north line of said Thompson remnant tract
to an iron rod found for corner in said east line of said U. S. Highway;
THENCE N 280 06' 46" E, 76.43 feet with said east line of said U. S. Highway to the
PLACE OF BEGINNING and containing 1.003 acres of land.