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Z23-0009aORDINANCE NO. 223-0009a AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING A CHANGE IN THE ZONING DISTRICT AND USE CLASSIFICATION ON APPROXIMATELY 3.456 ACRES OF LAND FROM THE PUBLIC FACILITIES (PF) DISTRICT TO THE MIXED-USE REGIONAL(MR) DISTRICT. THE SITE IS GENERALLY LOCATED WEST OF MAYHILL ROAD,APPROXIMATELY 850 FEET SOUTH OF ROY ROAD, IN THE CITY OF DENTON,DENTON COUNTY. TEXAS; ADOPTING AN AMENDMENT TO THE CITY’S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY rN THE MAXIMUM AMOUNT OF $2,000.00FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (223-0009a, Jefferson at Mayhill) WHEREAS, Kimley-Horn applied on behalf of the property owner, Denton / Mayhill Quail Creek Investment, LLC for a zoning change from the Public Facilities (PF) District to the Mixed-Use Regional (MR) District on approximately 3.456 acres, legally described and depicted in Exhibit “A“ (hereinafter, the “Property”); and WHEREAS, on July 19, 2023, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, having given the requisite notices by publication and otherwise, and having held due hearings and afforded full and fair hearings to all property owners interested in this regard, and have recommended approval (6-0) of the amendment; and WHEREAS, on August 1, 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 for a zoning change to Mixed-Use Regional (MR) District 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 a change in the zoning classification of the property, have determined that the proposed use is in the best interest in the health, safety, morals, andgeneral 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 the Public Facilities (PF) District to the Mixed-Use Regional (MR) District. Development of the Property shall be in accordance with the Development Standards of the Denton Development Code, as amended. SECTION 4. The City’s official zoning map is hereby amended to show the change in the zoning district and use classification. SECTION 5. 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 6. Any person, firm, entity 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 7. 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 h, 1 \ nolzcr and seconded by Br ::* -' - Rcc k , the ord' was passed and approved by the following vote n - A : Aye ./ -L ,/ „/‘ ./ ,Z-L NIa ' Abstain Absent Mayor Gerard Hudspeth: 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 1 Jl .d,y ,f R-by iI ' 2023. //#//.GERARD HUDSPETH, MAYOR ATTEST: JESUS SALAZAR, CITY SECRETARY At IIItIll// APPROVED AS TO LEGAL FORM:MACK REINWAND. CITY ATTORNEY uapth&\ tAtN \: : ; ;(E! :2%r: : : 3 6 : 1 1 BY: J v -05'OO' EXHIBIT “A” METES AND BOUNDS DESCRIPTION BEING a tract of land situated in the David Hough Survey, Abstract No. 646, Denton County, Texas, and being a portion of a called 39.773 acre tract of land described in General WarrantyDeed to Denton Mayhill/Quail Creek Investment, LLC, as recorded in Document Number 2021- 150861 of the Official Records of Dallas County, Texas, and being more particularly described asfollows BEGINNING at a 1/2-inch iron rod found for a northeast corner of said 39.773 acre tract and a northwest corner of the remainder of a called 7.626 acre tract of land described in Warranty Deed to City of Denton, as recorded in Document Number 2014-26435, of said Official Records, in the west right-of-way line ofMayhill Road (a variable width right-of-way); THENCE with said west right-of-way line ofMayhill Road, South 02'’52'35" West, a distance of 324.82 feet to a 1/2-inch iron rod found for an east corner of said 39.773 acre tract; THENCE continuing with said west right-of-way line of Mayhill Road, South 87'’51'30" West, passing at a distance of 12.55 feet, a 1/2-inch iron rod found for corner, and continuing over and across said 39.773 acre tract, for a total distance of 456.07 feet to a 1/2-inch iron rod found for a northwesterly interior ell corner of said 39.773 acre tract; THENCE with a west line of said 39.773 acre tract, North 01'’53'11" East, a distance of 333.35 feet to a northwest corner of said 39.773 acre tract, from which a 5/8-inch iron rod found bears South 73'’02’25” West, a distance of 1 .66 feet; THENCE with a north line of said 39.773 acre tract, North 88'’58’14" East, a distance of 461.15 feet to the POINT OF BEGINNING and containing 150,549 square feet or 3.4561 acres of land. Bearing system based on the Texas Coordinate System of 1 983, North Central Zone (4202), NorthAmerican Datum of 1983 .