23-1191ORDINANCE NO. 23- 1191
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A REASONABLEACCOMMODATION IN ACCORDANCE WITH THE FEDERAL FAIR HOUSING ACTRELATED TO THE MAXIMUM NUMBER OF UNRELATED PERSONS OCCUPY[NG A
DWELLING LOCATED AT 2413 KAYEWOOD DRIVE, IN THE CITY OF DENTON,DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUMAMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITYCLAUSE AND AN EFFECTIVE DATE.
WHEREAS, on October 26, 2022 Gregory Heafner, PA, on behalf of Oxford House, Inc.
(hereinafter, the “Requestor”) has submitted a request for a reasonable accommodation to allow
up to seven unrelated persons to reside in a single-family dwelling located at 2413 Kayewood
Drive, legally described as Crestwood Heights Addition Extension 2, Block Q, Lot 2, (hereinafter,
the “Property”); and
WHEREAS, the requested accommodation is found to be both reasonable and necessary
due to the residents’ disabled status as defined under the Federal Fair Housing Act as well as the
residents’ ability to live together being a necessary part of their recovery from disability; and
WHEREAS, the decision to grant the requested accommodation is based on anindividualized determination that considered the Property and the Oxford House operational
model; accordingly, this accommodation is specific to the Requestor and is not applicable to any
other entity or transferable to a site other than the Property itself; and
WHEREAS, the requested accommodation to Denton Development Code Section 5.3.1 D
is not specifically authorized via the limited process outlined in the Denton Development CodeSection 2.8.2B4; however, after consideration at the July 25, 2023 City Council meeting the City
Council of the City of Denton have determined that the requested accommodation 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 accommodation is inthe 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 Oxford House, Inc. is hereby granted a reasonable accommodation under
the Federal Fair Housing Act to allow for up to seven unrelated persons to reside at the Oxford
House residence located at 2413 Kayewood Drive .
SECTION 3. 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 4. 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 byfine 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 5. In compliance with Section 2.09(c) of the Denton Charter, this ordinance
shall become effective immediately, 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 GEri,r) Ha)Spa+k and
seconded by Ch , I ) LoK ds , the or> d bythe following vote LZ - a :
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor:1/
-L
/
1
,/
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee,
At Large Place 5:\/
/Chris Watts, At Large Place 6:
PASSED AND APPROVED this the IY +- day of J, ly _, 2023.
ATTEST:JESUS SALAZAR, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
MACK REINWAND. CITY ATTORNEY
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BY: J 1 3:45:13 -05'oo'
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