Z23-0004bORDINANCE NO. 223-OO04b
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING DISTRICT AND USE CLASSIFICATION FROM A RESIDENTIAL 3 (R3)DISTRICT TO A RESIDENTIAL 6 (R6) DISTRICT ON APPROXIMATELY 6.52 ACRES OFLAND GENERALLY LOCATED ON THE NORTH SIDE OF HERCULES LANE.APPROXIMATELY 270 FEET WEST OF THE INTERSECTION OF HERCULES LANE AND
STUART ROAD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING ANAMENDMENT 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. (223-OO04b)
WHEREAS, The City of Denton has initiated a request to rezone approximately 6.52 acres
of land from a Residential 3 (R3) District to a Residential 6 (R6) District, legally described in
Exhibit “A”, attached hereto and incorporated herein by reference (hereinafter, the “Property”);and
WHEREAS, on April 12, 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 May 16, 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 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 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
to Residential 6 (R6) 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 ordinanceis 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 ishereby 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 B, iaN R,._K and
seconded by h-. J DA (:tAE.54 he G ,c , the ordinance was passed and approved bythe following vote n - a :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:./‘
,/
/
Vicki Byrd, District 1 :
Brian Beck, District 2:
Paul Meltzer, District 3 :P/
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L/
,/
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED this the /Gt'~ d,y ,f a\, 2023.
GERARD HUDSPETH, MAYOR
ATTEST:
JESUS SALAZAR, INTERIM CITY SECRETARY
1\\ \\ 11111111
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APPROVED AS TO LEGAL FORM:MACK REINWAND. CITY ATTORNEY
IA@\ tWh Ti1 ; ;YoU F1q r T : : 3 8 : 4 0
BY: J v -05'oo'
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Exhibit A
Legal Description
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