Z21-0015aORDINANCE NO. Z21 -0015a
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 I (RI) DISTRICT ON APPROXIMATELY 1.00 ACRE OF
LAND GENERALLY LOCATED ON THE NORTH SIDE OF MILLER ROAD,
APPROXIMATELY 190 FEET EAST OF THE INTERSECTION OF MASCH BRANCH ROAD
AND MILLER ROAD, WITHIN 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 -
0015a)
WHEREAS, Jason Labrum, the property owner, has submitted a request to rezone
approximately 1.00 acres of land from a Residential Rural (RR) District to a Residential 1 (R1)
District, legally described in Exhibit "A", attached hereto and incorporated herein by reference
(hereinafter, the "Property"); and
WHEREAS, on November 17, 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 December 7, 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 1 (R1) 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 .21 -1-Pop, �+? 4. - and
seconded by '\�)C'� ; S , the ordinance was passed and approved by
the following vote Q :
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor: ,J
Vicki Byrd, District 1: ✓
Brian Beck, District 2: ,/
Jessie Davis, District 3: ✓---
Alison Maguire, District 4: 1/
Deb Armintor, At Large Place 5: 1.
Paul Meltzer, At Large Place 6: 1L
PASSED AND APPROVED this the _] -"h day of-�)Pr ern C , 2021.
GERARD HUDSPETH, MAYOR
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ATTEST:
ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
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MACK REINWAND, CITY ATTORNEY
Hilary Negron
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2021.11.1 S 10:19:29
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EXHIBIT A
All that certain tract or parcel of land situated in the .lames Haney Survey, Abstract 515, Denton
County, Texas, and being part of Tract Seven of the Little Brook Estates, recorded in Volume
489, Page 273, Deed Record of said County, and being more particularly described as follows:
Commencing at a steel pin and being the southwest corner of Tract Seven -Nine of said Little
Brook Estates Addition, said commencing point also being on the east right of way line of Masch
Branch Road;
Thence South 89 degrees 54 minutes 28 seconds East, passing at 158.30, the southeast corner of
said Tract Seven -Nine and the southwest corner of Tract Seven -Ten and continuing along a total
distance of 260.46 feet to the POINT OF BEGINNING;
Thence North 01 degrees 13 minutes 27 seconds West, a distance of 275.24 feet to a point in the
center of Miller Road (a 60 foot road easement) for the northwest corner of the herein described;
Thence South 89 degrees 54 minutes 28 seconds East with the center of said road easement,
219.98 feet to a point in said centerline for the northeast corner of the herein described tract;
Thence South 00 degrees 03 minutes 10 seconds East, 275.17 feet to a steel pin found on the
South line of said Tract Seven and being the southeast corner of Tract Seven -Eleven for the
southeast corner of the herein described tract;
Thence North 89 degrees 54 minutes 28 seconds West with the South line of said Tract Seven,
passing at 158.3 feet, for the southwest corner of Tract Seven -Eleven common with the southeast
corner of Tract Seven -Ten and continuing along a total distance of 214.43 feet to the Point of
Beginning and containing in all 1.372 acres of land.
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