Z22-0001a222-0001aORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, REGARDING A CHANGE IN THE ZONING
DISTRICT AND USE CLASSIFICATION FROM RESIDENTIAL RURAL (RR) DISTRiCT TORESIDENTIAL 1 (Rl) DISTRICT ON APPROXIMATELY 2.00 ACRES OF LANDGENERALLY LOCATED EAST OF MASCH BRANCH ROAD AND APPROXIMATELY2, 175 FEET SOUTH OF FM 1173, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;ADOPTING AN AMENDMENT TO THE CITY’S OFFICIAL ZONING MAP; PROVIDINGFOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (222-
0001 a)
WHEREAS, Jose Luis Reyes, the property owner, has submitted a request to rezone
approximately 2.00 acres of land from Residential Rural (RR) District to Residential 1 (RI)
District, legally described in Exhibit “A”, attached hereto and incorporated herein by reference
(hereinafter, the “Property”); and
WHEREAS, on March 23, 2022, 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- 1) of the request; and
WHEREAS, on April 19, 2022, 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 asset 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 (Rl) 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
seconded bythe following vote [J -rd ordinance was made by Bean hAd and
the ordinance was passed and approved by
Aye
\/
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :1/
r
F‘
b/
1/
Brian Beck. District 2:
Jessie Davis, District 3 :
Alison Maguire, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6 :k/
day ofPASSED AND APPROVED this the 2022
GERARD HUDSPETH, MAYOR
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ATTEST:
ROSA RIOS, CITY SECRETARY L\\\\\tIll IIft
_Z2zo/
APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY
u/++th\/ tAtF 1: : ; 1:JI1l : : : 5 6 : 0 0
BY: J v -05'OO'
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Exhibit A
Legal Description
BEING all that certain lot, tract or parcel situated in the James Harley Survey, Abstract #515,
Denton County, Texas, being all of a called 2.00 acre tract described in a deed to Jose Luis Reyes,
Jr. as recorded in Instrument #2018-21314 of the Real Public Records of Denton County, Texas,
and being more particularly described by Metes & Bounds as follows:
BEGINNING at a 1/2" iron rod found marking the Southwest corner of this herein describedsubject tract on the East Right of Way line of Masch Branch Road and marking the Northwestcorner of a called 8.006 acre tract described in a deed to Michael Eilbert and Patricia Ann Eilbert
as recorded in Instrument #2021-176531 of the Real Public Records of Denton County, Texas;
THENCE with the East Right of Way line ofMasch Branch Road North 00'’05'17" East a distance
of 1 80.05 feet to a 1/2" iron rod on the East Right of Way line of same and marking the Northwest
corner of said subject tract;
THENCE South 89'’42'30" East a distance of 484.34 feet to a 1/2" iron rod found marking the
Northeast corner of said subject tract;
THENCE South 00'’17’04" West a distance of 179.80 feet to a 1/2" iron rod found marking the
Southeast corner of said subject tract and on the North line of said 8.006 acre tract;
THENCE with the North line of said 8.006 acre tract North 89'’44' 16" West a distance of 483.72
feet to the POINT OF BEGINNING and containing 2.00 acres of land, more or less.
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