S21-0002aFILE REFERENCE FORM
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Ordinance Created by S19-0002a 07/16/2019 CW
Specific Use Permit extended by – Ordinance S21-0002a 05/04/2021 CW
ORDINANCE NO. S21-OO02a
AN ORDINANCE OF THE CITY OF DENTON EXTENDING THE APPROVAL PERIOD FOR
A SPECIFIC USE PERMIT FOR A MULTIFAMILY DWELLING USE ORIGINALLY
APPROVED VIA ORDINANCE S19-0002a FOR AN APPROXIMATELY 15.467-ACRE
PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF EAST MCKINNEY
STREET, APPROXIMATELY 1,130 FEET EAST OF NORTH LOOP 288 IN 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 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE (52 1-0002a)
WHEREAS, Aimee Bissett, on behalf of the property owner, McKinney-Mayhill Partners,
LLC, has submitted a request to extend the approval period for the Specific Use Permit (“SUP”)
for a Multifamily Dwelling use on approximately 15.467 acres, originally approved on July 16,
2019 as Ordinance Number S19-0002a, legally described in Exhibit “A“ attached hereto and
incorporated herein by reference (hereinafter, the “Property”); and
WHEREAS, Section 2.5.2C.6.a of the Denton Development Code provides for the
expiration of a Specific Use Permit if the authorized use or construction is not substantially
underway within 24 months after the date of approval unless an extension is granted; and
WHEREAS, Sections 2.5.2 and 2.4.8D of the Denton Development Code authorize the
City Council, being the original approval body, to grant an extension of the approval period for a
SUP for a period of up to one year for good cause; and
WHEREAS, on May 4, 2021, the City Council conducted a public meeting, and finds that
the request meets and complies with all substantive and procedural standards set forth in the
Denton Development Code, and is consistent with the Denton Plan 2030; and
WHEREAS, the City Council of the City of Denton, in considering the request for an
extension of the SUP previously approved for the Property, has determined that there is good cause
to authorize the extension of the approval period for one year and that the requested extension 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 extension
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 approval period for the SUP originally approved as Ordinance S19-
OO02a is hereby extended until July 16, 2022, which is a period of one year from the date of original
expiration, July 16, 202 1.
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 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.
*'.„'T;“VjTT:=“'4 TIl==#; “"tEll=,=b=,EIITh,,.„.;::
the following vote n - O]:
Aye NIa r Abstain Absent
Gerard Hudspeth, Mayor:-/
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Birdia Johnson, District 1 :
Connie Baker, District 2:
Jesse Davis. District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Mehzer, At Large Place 6:
PASSED AND APPROVED this the q th day of N\cu 2021
GERARD HUDSPETH, MAYOR
Page 2 of 3
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ATTEST:
ROSA RIOS, CITY SECRETARY
b In:2/ _2@
APPROVED AS TO LEGAL FORM:
AARON LEAL. CITY ATTORNEY
Page 3 of 3
Exhibit A
Being that certain lot, tract, or parcel of land situated in the M.E.P. and P.R.R. Company Survey
Abstract Number 927 in the City of Denton, Denton County, Texas, being a part of, that certain
“Tract 1, Tract II and Tract Ill” of land conveyed by deed from Kenneth L. Stout and wife, Gladys
F. Stout to McKinney Mayhill Partners, LLC recorded under Document Number 2016-118065,
Real Property Records, Denton County, Texas, and being a part of that certain tract of land
conveyed by deed from Maroba M. Zoeller and Robert H. Folstadt, III, Executor to McKinney
IVlayhill Partners, LLC recorded under Document Number 2016-1 18064, Real Property Records,
Denton County, Texas, and being a part of that certain tract of land conveyed by deed from CCD-
RLG to McKinney Mayhill Partners, LLC recorded under Document Number 2016- 109777, Real
Property Records, Denton County, Texas, and being a part of Lot 1-A, Block A, Oak Hill Business
Park, an addition to the City of Denton, Denton County, Texas according to the plat thereof
recorded under Document Number 20 10-35, Plat Records, Denton County, Texas, and being more
particularly described as follows:
COMMENCING at an iron rod found for corner in the north line of East McKinney Street, a public
roadway having a variable width right-of-way, said point being the southwest corner of said Oak
Hill Business Park;
THENCE S 62'’ 30’ 01” E, 206.08 feet with said north line of said East McKinney Street to a
capped iron rod marked RPLS 4561 set for PLACE OF BEGINNING;
THENCE N 06' 38’ 50” E, 321.03 feet to a capped iron rod marked RPLS 4561 set for corner;
THENCE N 00'’ 53’ 33“ E, 596.04 feet to a capped iron rod marked RPLS 4561 set for corner;
THENCE S 88'’ 34’ 45” E, 289.45 feet to a capped iron rod marked RPLS 4561 set for corner;
THENCE N O1' 25’ 15” E, 1 15.99 feet to a capped iron rod marked RPLS 4561 set for corner;
THENCE S 88'’ 34’ 45” E, 471.63 feet to a capped iron rod marked RPLS 4561 set for corner;
THENCE S 01'’ 25’ 15” W, 102.77 feet to a capped iron rod marked RPLS 4561 set for corner;
THENCE along the arc of a curve to the left having a central angle of 08a 40’ 16”, a radius of
1392.50 feet, an arc length of 210.74 feet, whose chord bears S 02'’ 51’ 41” E, 210.54 feet to a
capped iron rod marked RPLS 4561 set for corner;
THENCE S 07' 15’ 24“ E, 89.58 feet to a capped iron rod marked RPLS 4561 set for corner;
THENCE S 88' 59’ 20” E, 328.40 feet to a capped iron rod marked RPLS 4561 set for corner in
the west line ofMayhill Road, a public roadway having a variable width right-of-way;
THENCE S 07'’ 16’ 21” E, 40.42 feet with said west line of said Mayhill Road to a capped iron
rod marked RPLS 4561 set for corner in the north line of the remnant of Block 1, Section Two
East McKinney Street Addition, an addition to the City of Denton, Denton County, Texas
according to the plat thereof recorded in Cabinet G, Page 378, Plat Records, Denton County,
Texas ;
THENCE N 88'’ 59’ 20” W, 394.11 feet with said north line of said Block 1, Section Two, East
McKinney Street Addition to a capped iron rod marked RPLS 4561 set for corner, said point being
the northwest corner of said Block 1, Section Two, East McKinney Street Addition;
THENCE S 02'’ 22’ 52” W, 462.83 feet with the west line of said Block 1, Section Two, East
McKinney Street Addition to an iron rod found for corner, said point being the northwest corner
of that certain “Tract 17” of land conveyed by deed from Khosrow Sadeghian to Kamy Real
Property Trust recorded under Document Number 2014-44831, Real Property Records, Denton
County, Texas;
THENCE S 01'’ 35’ 02” W, 158.47 feet with the west line of said Kamy Real Property Trust tract
and with the west line of that certain tract of land conveyed by deed from Robert W. Jones, Jr. to
Angel Enriquez and wife, Griselda Enriquez recorded under Document Number 2015-117592,
Real Property Records, Denton County, Texas to a capped iron rod marked RPLS 4561 set for
corner;
THENCE N 62'’ 30’ 01” W, 691.28 feet to a capped iron rod marked RPLS 4561 set for corner;
THENCE S 06'’ 38’ 50” W, 321.03 feet to a capped iron rod marked RPLS 4561 set for corner in
said north line of said East McKinney Street;
THENCE N 62'’ 30’ 01” W, 107.01 feet with said north line of said East McKinney Street to the
PLACE OFBEGINNING and containing 15.467 acres of land.
Also known as Lot 1, Block A, FOREST CROSSING, an Addition to the City of Denton, Denton
County, Texas, according to the Plat thereof recorded as Document No. 2019-466, Plat Records,
Denton County, Texas.