Z21-0005dORDINANCE NO. Z21 -0005d
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING DISTRICT AND USE CLASSIFICATION FROM MIXED-USE NEIGHBORHOOD
(MN) AND RESIDENTIAL 4 (R4) DISTRICTS TO MIXED-USE NEIGHBORHOOD (MN)
DISTRICT ON APPROXIMATELY 0.326 ACRES OF LAND GENERALLY LOCATED
SOUTHEAST OF THE INTERSECTION OF ROBERTSON STREET AND SKINNER
STREET, 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. (Z21-00054)
WHEREAS, Steven Homeyer of Homeyer Engineering, Inc., on behalf of the property
owner, 3JM Asset Holdings, LLC, has submitted a request to rezone approximately 0.326 acres of
land from Mixed -Use Neighborhood (MN) and Residential 4 (R4) Districts to a Residential 6 (R6)
District, legally described in Exhibit "A", attached hereto and incorporated herein by reference
(hereinafter, the "Property"); and
WHEREAS, on June 23, 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 (6-0) of the request; and
WHEREAS, on August 3, 2021, the City Council likewise conducted a public hearing as
required by law, and voted (7-0) to remand the item to the Planning and Zoning Commission to
consider recommending the site be rezoned to Mixed -Use Neighborhood (MN).
WHEREAS, on September 8, 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 (7-0) of the rezoning of the Property to Residential
6 (R6) District; and
WHEREAS, on September 28, 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 establishing an initial zoning district 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 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
to Mixed -Use Neighborhood (MN) 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 deemedguilty 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 _Rw 1jY1- t i-�c and
seconded by t�w' the ordinance was passed and approved by
the following vote LLj_ - _ad:
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1: ,l
Brian Beck, District 2: ✓
Jessie Davis, District 3:
Alison Maguire, District 4:
Deb Armintor, At Large Place 5: ✓
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the tis 16- day of �7kp�bec- , 2021.
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GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
Al Hilary Negron
202 ] .09.29
BY: 09:22:30 -05'00'
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Exhibit A
Legal Description
Being a 0.326 acre tract of land out of the Alexander Hill Survey, Abstract Number 623 situated
in the City of Denton, Denton County, Texas and being all of Lot 13, Block 6, of Alex Robertson
Addition, an Addition to the City of Denton, Denton County, Texas, according to the Plat thereof
recorded under Plat Book A, Page 180, Public Records, Denton County, Texas, said lot having
been conveyed to ZB Eagle Partners, Limited Partnership by deed of record in Document Number
93-0036885 of the Official Public Records of Denton County, Texas and being more particularly
described by metes and bounds as follows:
BEGINNING, at a 518 inch iron rod found in the south right-of-way line of Robertson Street,
being the Northeast corner of Lot 12 of said Alex Robertson Addition, also being the Northwest
corner of said Lot 13;
THENCE, S71 °34'04"E, along the south right-of-way line of Robertson Street, a distance of
256.00 feet to a 112 inch iron rod with green plastic cap stamped "EAGLESURVEYING" set in
the south right-of-way line of Robertson Street, also being the north right-of-way line of Wye
Street, for the Northeast corner hereof;
THENCE, N89°50'47"W, along the north right-of-way line of Wye Street, a distance of 69.89 feet
to a 1/2 inch iron rod with green plastic cap stamped "EAGLESURVEYING";
THENCE, S75003'01 "W, along the north right-of-way line of Wye Street, a distance of 186.00
feet to a 112 inch iron rod with plastic cap stamped "RPLS #4561' ;
THENCE, NO2°5936"E, along the west line of said Lot 13, being the common east line of said
Lot 12, a distance of 128.91 feet to a 518 inch iron rod being the POINT OF BEGINNING and
containing an area of 0.326 Acres, or (14,212 Square Feet) of land, more or less.
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