Z21-0014bZ21 -0014b
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING DISTRICT AND USE CLASSIFICATION FROM RESIDENTIAL 3 (R3) DISTRICT
TO RESIDENTIAL 7 (R7) DISTRICT ON APPROXIMATELY 0.5 ACRE OF LAND
GENERALLY LOCATED ON THE EAST SIDE OF BOLIVAR STREET, APPROXIMATELY
172 FEET NORTH OF WEST CONGRESS 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 -00014b)
WHEREAS, Caitlyn Ashley and .loan Phillips have submitted a request to rezone
approximately 0.5 acres of land from Residential 3 (R3) District to Residential 7 (R7) District,
legally described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter,
the "Property"); and
WHEREAS, on September 22,202 1, 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 request; and
WHEREAS, on October 19, 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 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. 1f 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 -�j (-% 0,C) IecI6 _ and
seconded by -7Y9— S50 -]7V;5 , the ordinance was passed and approved by
the following vote [ -> :
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor: I/
Vicki Byrd, District 1: 1/
Brian Beck, District 2: /
Jessie Davis, District 3: f
Alison Maguire, District 4: 1Z
Deb Armintor, At Large Place 5: ,f
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the 194�h day of XV0\jC-( , 2021.
GERARD HUDSPETH, MAYOR
Page 2 of 3
ATTEST:
0 f D ��i
ROSA RIOS, CITY SECRETARY ��y.••"""'•f�'T����
V O i
4 f r
✓/
BY:
APPROVED AS TO LEGAL FORM:NT
MACK REINWAND, CITY ATTORNEY ���/10ri111 O'k
Hilary Negron
BY: 2021.10.15 10:51:00
it -05,00,
Page 3 of 3
Exhibit A
Legal Description
620 Bolivar Street
Warranty Deed 2020-95697 Denton Real Property Records
Being a 0.192 acre tract of land situated in the B.B.B.&C.R.R. Co. Survey, Abstract No. 185, in
the City of Denton, Denton County, Texas, and being a part of that certain tract of land described
by deed to R. Atkins, as recorded in Volume 269, page 110 of the Deed Records of Denton
County, Texas (D.R.D.C.T.), and being more particularly described as follows:
BEGINNING at a %2 inch rod with yellow cap marked "Arthur Surveying Company" set for the
southwest corner of the herein described tract, same point being the northwest corner of a tract of
land described by deed to J. Paul Slavens and wife, Joan M. Slavens, as recorded under County
Clerk File No. 94-R0045880, of the Real Property Records of Denton County, Texas
(P.R.D.C.T.), same point being in the east line of Bolivar Street;
THENCE North 00 degrees 00 minutes 00 seconds East, with the east line of said Bolivar Street;
a distance of 50.00 feet to 112 inch iron rod found for the southwest corner of a tract of land
described by deed to St. Paul Lutheran Church of Denton, as recorded in Volume 509, page 222,
D.R.D.C.T.;
THENCE North 88 degrees 37 minutes 42 seconds East, with the south line of said St. Paul
Lutheran Church of Denton tract, a distance of 166.10 feet to 112 inch iron rod found for the
northwest corner of a tract of land described by deed to St. Paul Lutheran Church, as recorded in
Volume 1649, Page 194, P.R.D.C.T.;
THENCE South 03 degrees 19 minutes 28 seconds East, with the west line of said St. Paul
Lutheran Church tract (Vol. 1649 Pg. 194), a distance of 50.01 feet to a 112 inch rod found for
the corner in the north Iine of said Slavens tract;
THENCE South 88 degrees 37 minutes 42 seconds West, with the north line of said Slavens
tract, a distance of 169.00 feed to the POINT OF BEGINNING and containing a total of 0.192
acre of land, more or less.
Page I of 2
616 Bolivar Street
Warranty Deed 2009-72318 Denton Real Property Records
Being all that certain lot, tract, or parcel of land situated in the B.B.B.&C.R.R. Co. Survey,
Abstract 185, in the City and County of Denton, Texas, being all that certain tract of land
conveyed by deed from Donald W. Fowler to Mary Jo Fowler, recorded under Clerk's File No.
R94-006834, Real Property Records, Denton County, Texas, and being more particularly
described as follows:
Beginning at an "X" for corner in a concrete sidewalk and in the east line of Bolivar Street, a
public roadway having a right-of-way of 50.0 feet, said point being the northwest corner of that
certain tract of land conveyed by deed from Howard C. Sockwell to Jo Skiles on November 12,
1958, recorded in Deed Records of Denton County, Texas;
Thence N 0l degrees 01' 00" E, 76.84 feet with said east line of said southwest corner of that
certain tract of land conveyed by deed to R. L. Atkins, recorded in Volume 269, Page 110, Deed
Records, Denton County, Texas;
Thence N 89 degrees 48' 28" E, 182.00 feet with the south line of said Atkins tract to a fence
comer for comer, said point being the northwest corner of that certain tract of land conveyed by
deed from Donald Fowler to St. Paul Lutheran Church, recorded in Volume 1718, Page 905,
Real Property Records, Denton County, Texas;
Thence S 02 degrees 51' 36" W. 49.97 feet with the west line of said St. Paul Lutheran Church
tract to an "X" for corner in a concrete retaining wall;
Thence S 88 degrees 44' 25" W, 70.10 feet with a fence to fence comer for corner;
Thence S 00 degrees 55' 30" E, 23.80 feet with a fence to a fence corner for comer in the north
line of said Skiles tract;
Thence S 88 degrees 52' 07" W. 111.17 feet with said north line of said Skiles tract to the Place
of Beginning and containing 0.275 acre of land.
Page 2 of 2