Z19-0004S:\I.,egal\Q3Gir IaacumentstC3rdierarrces\14\�19-660� reviscd,doex
ORDINANCE NO. Z 19-0004
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING CLASSIFICATION FROM A NEIGHBORHOOD RESIDENTIAL 2(NR-2) ZONING
DISTRICT AND USE CLASSIFICATION TO A NEIGHBORHOOD RESIDENTIAL 4(NR-4)
ZONING DISTRICT AND USE CLASSIFICATION ON APPROXIMATELY 0.101 ACRES OF
LAND GENERALLY LOCATED ON THE NORTH SIDE OF PRAIRIE STREET, ADJACENT
TO OAKWOOD CEMETERY, AND APPROXIMATELY 610 FEET WEST OF SOUTH
BRADSHAW STREET 1N THE CITY OF DENTON, DENTON COUNTY, TEXAS;
ADOPTING AN AMENDMENT TO THE CITY'S OFFICAL ZONING MAP; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE. (Z 19-0004, PRAIRIE PARCEL)
WHEREAS, Epic Hill Homes, LLC, has applied for a zoning change on approximately
0.101 acres of land legally described in Exhibit "A", attached hereto and incorporated herein by
reference (hereinafter, the "Property") from a Neighborhood Residential 2(NR-2) zoning district
and use classification to a Neighborhood Residential 4(NR-4) zoning district and use
classification; and
WHEREAS, on May 15, 2019, the Planning and Zoning Commission, in compliance with
the laws of the State of Texas, having given the requisite notices by publication and otherwise,
holding due hearings, and affording full and fair hearings to all property owners interested in this
regard, recommended approval [6-0] of the change in zoning district and use classification; and
WHEREAS, on May 21, 2019, the City Council likewise conducted a public hearing as
required by law, and fnds that the request meets and complies with all substantive and procedural
standards set forth in Section 35.3.4 of the Denton Development Code, and is consistent with the
Denton 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 a change in the zoning classification of the property,
determined that the proposed use is in the best interest of the health, safety, morals, and general
welfare of the City of Denton; 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 ORDAINS:
�l :� �'I�:)T�J_1 � The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
�m��:_�. �IT1IT(":�hl �, The zoning district and use classification for the Property is hereby changed
from Neighborhood Residential2 (NR-2) to Neighborhood Residential4 (NR-4), with an overlay
restricting the use to a single-family detached home and an accessory dwelling unit.
�I?�.""��1C�1'�J �. The City's official zoning map is hereby amended to show the change in
the 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, frm, 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. An offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 7. 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 Record-
Chronicle, 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 ,, �,��°� ��F �� ��� ��° ��,��� ���� A' � and
�, ,� a , the ordinance was passed ��r����' approv�
seconded by �' ��' e���d _�� ��= ed by
�I�a� l��fll�r�ri�r��, �i�t� � R�;,._ � �'.�:
Aye Nay Abstain Absent
Mayor Chris Watts: �E
Gerard Hudspeth, District 1: �
Keely G. Briggs, District 2: �
Jesse Davis, District 3: �a�����'
John Ryan, District 4:
Deb Armintor, At Large Place 5:
u�`
Paul Meltzer, At Large Place 6: ��'
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PASSED AND APPROVED this, the ���` �r�+�ay of r„ ��, �'�,r 2019.
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ATTEST:
ROSA RIOS, CITY SECRETARY
BY: ��,�' � �;��,� �� �
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APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: /s/Jerrv E. Drake, Jr.
STATE OF TEXAS
• L' • 1 •
ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND LY1NG BE1NG SITUATED IN
THE CITY OF DENTON, DENTON COUNTY, TEXAS AND BEIlVG ALL OF LOT 1, BLOCK
1, JASPER ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY,
TEXAS ACCORDING TO THE PLAT RECORDED IN VOLUME 173, PAGE 515, DEED
RECORDS, DENTON COUNTY, TEXAS AND BE1NG MORE FULLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS;
B�V11V1V11VV L'91 L'! fitlrr�ll 11t.o1V itol.l �7E1 1i1A1Vli-Ell 667Tp/J99 A 1 1L11i SoV111Vi�Lili1
11t� t1
CORNER OF SAID LOT 1 AND BE1NG IN THE NORTH LINE OF EAST PRAIRIE STREET;
THENCE ALONG SAID NORTH L11VE, SOUTH $$ DEGREES 58 MINUTES 51 SECONDS
WEST, 42.00 FEET TO A CAPPED IRON ROD FOUND AT THE SOUTHWEST CORNER OF
SAID LOT 1 AND THE SOUTHEAST CORNER OF LOT 2 OF SAID BLOCK 1;
THENCE ALONG THE COMMON LINE OF SAID LOTS 1 AND 2, NORTH, 104.91 FEET TO
A CAPPED IRON ROD FOUND AT THE NORTHWEST CORNER OF SAID LOT 1 AND THE
NORTHEAST CORNER OF SAID LOT 2;
THENCE SOUTH $9 DEGREES 46 MINUTES 41 SECONDS EAST, 44.27 FEET TO A
CAPPED IRON ROD FOUND AT THE NORTHEST CORNER OF SAID LOT 1;
THENCE SOUTH O1 DEGREES 14 MINUTES 26 SECONDS WEST, 104.75 FEET TO THE
PLACE OF BEGINNING AND CONTAINING 0.10 OF AN ACRE OF LAND MORE OR LESS.