Z22-0015aORDINANCE NO. 222-0015a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING DISTRICT AND USE CLASSIFICATION FROM RESIDENTIAL RURAL (RR) TORESIDENTIAL 1 (Rl) DISTRICT ON APPROXIMATELY 4.18 ACRES OF LANDGENERALLY LOCATED APPROXIMATELY 2,862 FEET NORTH OF THE SWISHERROAD AND EDWARDS ROAD INTERSECTION, IN THE CITY OF DENTON, DENTONCOUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY’S OFFICIAL ZONINGMAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FORVIOLATIONS THEREOF; PROVID[NG A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (222-0015a)
WHEREAS, Miguel Orozco of Orozco Engineering, on behalf of America’s Finest City
Marketing, the property owners, have submitted a request to rezone approximately 4.18 acres of
land from a Residential Rural (RR) District to a Residential 1 (Rl) District, legally described in
Exhibit “A”, attached hereto and incorporated herein by reference (hereinafter, the “Property”);and
WHEREAS, on January 11, 2023, 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 February 7, 2023, 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 2040 Comprehensive Plan 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 rezoning of the Property, have determined that the
proposed zoning district and use classification 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 grantedas 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 1 (Rl) 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 orcircumstance 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 Br CAA Bec k and
seconded by J cbbc Day\\ , the ordinance was passed and approved by
the following vote [I - a :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:V
V
/‘
7
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3 :
VACANT, District 4:
Brandon Chase McGee, At Large Place 5 :/
7Chris Watts, At Large Place 6:
PASSED AND APPROVED this the '7 \\ dayof ab,ua,y _, 2023.
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\S \ U 11E x11 1 ! 1 1
ATTEST:
ROSA RIOS, CITY SECRETARY
a2 + V/r/4%gun
APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY
Hilary Negron2023.01.26
11 :01 :40 -06'OO’
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Exhibit A
Legal Description
Being all that certain lot tract or parcel of land lying and being situated in Denton, Texas, and
lying in the Gideon Walker Survey, Abstract No. 1330, and being all of that 4.18 acre tract of
land described in a deed to Bobby J. Coonrod and Helen Annette Coonrod, recorded in Volume
961, Page 348 of the Deed Records of Denton County, Texas, and being more thoroughly
described by mens and bounds as follows:
BEGINNING at a capped iron rod set stamped “KAZ”, being the Southeast corner of a tract of
land in a deed to The City of Denton, recorded in Volume 1177, Page 166, of the Deed Records
of Denton County, Texas;
THENCE along the common line of this and a tract of land described in a deed to Linda Jean
Fontaine, recorded in a document Number 2020-63405, of the Real Property Records of Denton
County, Texas, South 00 degrees 09 minutes 25 seconds East, a distance of 598.74 feet to a %
iron rod found, also being the Southerly most Northeast corner of a tract of land described in a
deed to Temafirma Holdings, LLC., recorded in Document Number 2014-43425, of the Real
Property Records of Denton County, Texas;
THENCE along a common line of this and said Tenafirma Holdings, LLC. tract, North 89
degrees 13 minutes 29 seconds West, a distance of 304.26 feet to a capped iron rod set stamped
“KAZ”, being the Westerly Northeast corner of said Terrafirma Holdings, LLC. tract;
THENCE along a common line of this and said Terrafirma Holdings, LLC. tract, North 00
degrees 09 minutes 25 seconds West, a distance of 598.74 feet to a 2 inch iron rod found, being
the Northerly most Northeast corner of said Temafirma Holdings, LLC. tract;
THENCE along the common line of this and said City of Denton tract, South 89 degrees 13
minutes 29 seconds East, a distance of 304.26 feet to the POINT OF BEGINNING and
containing 4.18 acres of land more or less.
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