CA23-0001aORDINANCE NO. CA23-0001 a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A COMPREHENSIVEPLAN AMENDMENT ON APPROXIMATELY 24 ACRES FROM BUSINESS CENTERFUTURE LAND USE DESIGNATION TO MODERATE RESIDENTIAL FUTURE LAND USEDESIGNATION. THE PROPERTY IS GENERALLY LOCATED ON THE WEST SIDE OF
NORTH MAYHILL ROAD, APPROXIMATELY 250 FEET NORTH OF RUSSELL NEWMANBOULEVARD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING ANAMENDMENT TO THE CITY’S OFFICAL FUTURE LAND USE MAP; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (CA23-0001 a)
WHEREAS, MRLP Bick Property LLC, has applied for a comprehensive plan amendmenton approximately 24 acres of land legally described in Exhibit “A”, attached hereto and
incorporated herein by reference (hereinafter, the “Property”) from Business Center Future Land
Use designation to Moderate Residential Future Land Use designation; and
WHEREAS, on August 9, 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 (6-0) of the amendment; and
WHEREAS, on August 15, 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 proceduralstandards set forth in Section 2.7.1 of the Denton Development Code, and is consistent with the
Denton 2040 Comprehensive Plan and the Denton Development Code;
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for a change in the Future Land Use designation of the
property, have determined that the proposed change 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 Future Land Use Map change is in the public interestand 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 Future Land Use designation for the Property is hereby changed fromBusiness Center to Moderate Residential.
SECTION 3. The City’s Denton 2040 Comprehensive Plan is hereby amended to show
the change in the Future Land Use Map designation.
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. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
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.
S e C O n d eT;y1rr1O& 1:= 11JU 0 VUs>= d i FT;EIS1):: S ]rIn1 at : : rd ii hiya sH: nd approve ; E
the following vote K - n :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:y/
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Vicki Byrd, District 1 :
Brian Beck, District 2 :7
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 I SIL day of R .s, >+2023
GERARD HUDSPETH, MAYOR
ATTEST:
JESUS SALAZAR, CITY SECRETARY all lilliei
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Ih&\/f \Ath 1: : ; ! !!Tlr q : : 0 8 : 1 6BY. J v -05'OO'
Exhibit A
Legal Description
BEING a tract of land situated in the M.E.P. & P. R.R. CO. Survey, Abstract No. 927, Denton
County, Texas, and being a portion of the remainder of a called 19.323 acre tract of land
described in a deed to MRLP Bick Property, L.L.C., as recorded in Document No. 2016-6991 of
the Official Records of Denton County, Texas, and being a portion of the remainder of a called
16.219 acre tract of land described as North Tract in a deed to MRLP RN Land, L.L.C., as
recorded in Document No. 2016-6992 of the Official Records of Denton County, Texas, and
being more particularly described as follows:
BEGINNING at a 5/8 inch iron rod with plastic cap stamped “KHA” set for the northwest
corner of a called 2.613 acre tract of land described in a deed to City of Denton, Texas, as
recorded in Document No. 2013-23556 of the Official Records of Denton County, Texas,
common to the southwest corner of a called 4.311 acre tract of land described in a deed to City ofDenton, Texas, as recorded in Document No. 2013-71351 of the Official Records of Denton
County, Texas, and the southeast corner of a called 17.91 acre tract of land described in a deed to
Harlan Properties, Inc., as recorded in Document No. 2013-80295 of the Official Records of
Denton County, Texas, being on the westerly right-of-way line ofMayhill Road, a variable width
right-of-way, and on the northerly line of said 19.323 acre tract;
THENCE South 01'’26’36" West, departing the northerly line of said 19.323 acre tract, along the
westerly line of said 2.613 acre tract and the westerly right-of-way line of said Mayhill Road,
passing at a distance of 657.24 feet the southerly line of said 19.323 acre tract and the northerlyline of said 16.219 acre tract, and continuing along the same course, for a total distance of 936.84
feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner;
THENCE South 89'’48'08" West, departing the westerly line of said 2.613 acre tract and the
westerly right-of-way line of said Mayhill Road, and crossing said 16.219 acre tract, a distance
of 957.97 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner on the
easterly line of Lot 1, Block B of Lot 1, Block A and Lot 1, Block B, Mayhill Industrial
Development, according to the plat thereof recorded in Document No. 2012-121 of the Plat
Records of Denton County, Texas;
THENCE North 00'’01'18" West, along the easterly line of said Lot 1, Block B, a distance of
291.17 feet to a 5/8 inch iron rod with plastic cap stamped “KHA“ set for the northeast corner of
said Lot 1, Block B, being on the northerly line of said 16.219 acre tract and the southerly line of
said 19.323 acre tract;
THENCE North 89'’30’16" West, along the northerly line of said 16.219 acre tract, the northerlyline of said Lot 1, Block B and the southerly line of said 19.323 acre tract, a distance of 199.43
feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for the southwest corner of said19.323 acre tract, common to the northwest corner of said Lot 1, Block B, being on the easterlyline of a called 7.079 acre tract of land described as Second Tract in a deed to United States of
America, as recorded in Volume 458, Page 645 of the Deed Records of Denton County, Texas;
THENCE North 00'’53'11" East, along the westerly line of said 19.323 acre tract, the easterly
line of said Second Tract and the easterly line of a called 12.921 acre tract of land described as
First Tract in said deed recorded in Volume 458, Page 645 of the Deed Records of Denton
County, Texas, a distance of 653.74 feet to a 5/8 inch iron rod with plastic cap stamped “KHA”set for the northwest corner of said 19.323 acre tract, common to the northeast corner of said
First Tract, being on the southerly line of a called 2.50 acre tract of land described as Tract II –Tract 2 in a deed to K X Wealth Fund I LLC, as recorded in Document No. 2020-208815 of the
Official Records of Denton County, Texas;
THENCE South 89'’54'18" East, along the northerly line of said 19.323 acre tract, the southerly
line of said Tract II – Tract 2, and the southerly lines of a called 2.50 acre tract of land describedas Tract II – Tract 1 and a called 5.00 acre tract of land described as Tract 4 in said deed
recorded in Document No. 2020-208815 of the Official Records of Denton County, Texas, a
distance of 620.69 feet to a 1/2 inch iron rod found for the southeast corner of said Tract 4,
common to the southwest corner of aforesaid 17.91 acre tract;
THENCE South 89'’24'32" East, continuing along the northerly line of said 19.323 acre tract and
along the southerly line of said 17.91 acre tract, a distance of 550.32 feet to the POINT OFBEGINNING and containing 23.904 acres (1,04 1,249 square feet) of land, more or less.