Z21-0009aZ21 -0009a
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING DISTRICT AND USE CLASSIFICATION FROM RESIDENTIAL RURAL (RR)
DISTRICT TO RESIDENTIAL 1 (RI) DISTRICT ON APPROXIMATELY 2.990 ACRES OF
LAND GENERALLY LOCATED APPROXIMATELY 830 FEET NORTH OF THE BONNIE
BRAE STREET AND ALLRED ROAD INTERSECTION, 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 $2,000.00
FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z21 -0009a)
WHEREAS, Peter and April Reese, the property owners, have submitted a request to
rezone approximately 2.990 acres of land from a Residential Rural (RR) District to a Residential
I (RI) District, legally described in Exhibit "A", attached hereto and incorporated herein by
reference (hereinafter, the "Property"); and
WHEREAS, on August 4, 2021, the Planning and Zoning Commission, in compliance with
the laws of the State of Texas, have given the requisite notices by publication and otherwise, and
have held due hearings and afforded full and fair hearings to all property owners interested in this
regard, and have recommended approval ($-0) of the request; and
WHEREAS, on August 17, 2021, 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 Plan 2030 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,
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 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 Residential Rural (RR) to Residential I (RI) District.
SECTION 3. The City's official zoning map is hereby amended to show the established
zoning district and use classification.
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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 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 Ge-rc--c3 VA ock%s ?-e V h and
seconded byy , CLE -U�:j <- A _ _, the ordinance was passed and approved by
the following vote [ –) - c�, 1 :
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1:
Brian Beck, District 2: _ Z
Jessie Davis, District 3: ✓
Alison Maguire, District 4: ✓
Deb Armintor, At Large Place 5: .f
Paul Meltzer, At Large Place 6.
PASSED AND APPROVED this the 'r day of AVqu's , 2021.
GERARD ITUDSPETH, MAYOR
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CATHERINE CLIFTON, INTERIM CITY ATTORNEY
Hilary Negron
2021.08.11
BY: 10:20:08 -05'00'
Page 3 of 3
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ATTEST:
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ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:'
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CATHERINE CLIFTON, INTERIM CITY ATTORNEY
Hilary Negron
2021.08.11
BY: 10:20:08 -05'00'
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Exhibit A
Legal Description
BEING all that certain lot, tract, or parcel of land situated in the J. Severe Survey Abstract Number
1164 in the City of Denton, Denton County, Texas, being a part of that certain tract of land
conveyed by deed from Wayne Henson to Lynda F. Matthews recorded under Clerk's File Number
94-R0018304, 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 South Bonnie Brae, a public
roadway, said point being the northwest corner of that certain tract of land conveyed by deed from
Joseph A. Spears and Donna D. Spears to Jeremiah Don Chapman and Ashley Bass Chapman
recorded under Document Number 2020-15556, Real Property Records, Denton County, Texas;
THENCE N 000 58' 03" W, 245.15 feet with said east line of said South Bonnie Brae to a capped
iron rod marked alliance found for corner, said point being the most westerly southwest corner of
the remnant of that certain tract of land conveyed by deed from Cross Country Homebuilders, Inc.
to Kyle Whelan recorded under Document Number 2004-66670, Real Property Records, Denton
County, Texas;
THENCE N 880 59' 35" E, 530.98 feet with a south line of said Whelan remnant tract to an iron
rod found for corner at an inner ell of said Whelan remnant tract;
THENCE S O1 ° 07' 10" E, 245.08 feet with a west line of said Whelan remnant tract to an iron
rod found for comer in the north line of said Chapman tract;
THENCE S 88° 59' 07" W, 531.62 feet with said north line of said Chapman tract to the
PLACE OF BEGINNING and containing 2.990 acres of land, more or less.
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