S23-0003aORDINANCENO. S23-OO03a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USEPERMIT FOR A MULTIFAMILY DWELLING USE ON APPROXIMATELY 24 ACRES OFLAND, GENERALLY LOCATED ON THE WEST SIDE OF NORTH MAYHILL ROAD,APPROXIMATELY 250 FEET NORTH OF RUSSELL NEWMAN BOULEVARD IN THECITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THECITY’S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUMAMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY
AND AN EFFECTIVE DATE. (S23-0003a, Mayhill Road Multifamily)
WHEREAS, MRLP Bick Property LLC requested a Specific Use Permit (SUP) for a
proposed Multifamily Dwelling use on approximately 24 acres within the Residential 7 (R7)
zoning district and use classification, legally described in Exhibit “A“ (hereinafter, the
“Property”); and
WHEREAS, on August 9, 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, recommended approval (6-0) of the requested SUP subject to the site plan, landscape
plan, and elevations attached as Exhibit B; 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 2.5.2 of the Denton Development Code, and is consistent with the
Denton 2040 Comprehensive Plan and the Denton Development Code; and
WHEREAS, the City Council of the City of Denton have determined that it will be
beneficial to Denton and its citizens to grant the SUP; and such grant will not be detrimental to the
health, safety, morals, and general welfare of the City of Denton, and that the SUP should begranted 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 SUP to permit the proposed Multifamily Dwelling use on the Property
as shown on the Site Plan, Landscape Plan, and Conceptual Elevations attached and incorporatedherein as Exhibit “B,” is hereby approved, subject to the following conditions:
1. The attached Site Plan and Landscape Plan reflect an intent to comply with the 2019
Denton Development Code (DDC), as amended.
2. The attached Site Plan and Landscape Plan are incorporated as requirements of theSUP. Staff shall have the ability to approve an increase of up to 5% of any of the
amounts specified in requirements “a” and “b” below, provided all applicablerequirements of the DDC are met.
a.
b.Two hundred eighty-one (281) dwelling units.
Five hundred nineteen (5 19) parking spaces are proposed for the multi-family
development indicated on the site plan. Parking may shift to accommodate a
change in the unit mixture but shall be in accordance with the requirements of theDDC and within the range of staffapprovability.
3. Minor alterations to the depicted locations of buildings, pedestrian pathways, and
parking may be approved by City Staff, provided that the final plan complies with theattached Site Plan in terms of access and internal pedestrian connectivity.
4. Minor alterations to the depicted locations of individual plantings may be approved by
City staff, provided that the final landscaping, as planted, complies with the attached
Landscape Plan in terms of required landscape elements, open space, overall tree
canopy, as well as all elements of the DDC.
5. Building architecture shall be consistent in style and detailing to the attached
conceptual elevations and must conform to DDC Section 7.10.
6. Notwithstanding the limited administrative approvals authorized in conditions 2, 3, and
4, the City reserves the right to require approval by ordinance of any amendments or
alterations to the SUP, the attached Site Plan, and the attached Landscape Plan
7. A minimum of two pedestrian gates shall be installed along Mayhill Road. Final
locations will be determined prior to the issuance of a fence permit.
5. The project shall comply with Denton Development Code Section 7.7.4, Tree
Preservation, with an exception that the minimum preservation required in DDC
Section 7.7.4G. 1.b may not be reduced below 25% of the total inches dbh of Heritageand Quality Trees.
6.Approval of this SUP does not constitute actual or implied approval for any land-disturbing activity, construction, grading, and/or removal of tree and understory
vegetation (except for the limited administrative approvals authorized in DDC Section
7.4.7A) within the confirmed Environmentally Sensitive Areas. Any land-disturbing
activity, construction, grading, and/or removal of tree and understory vegetation will
require separate approval through the Alternative ESA Plan process prior to approvalof the Final Plat.
7. The zoning map shall reflect the Specific Use Permit on the property consistent withthe DDC.
SECTION 3. Failure to Comply. Except as otherwise stated above, all terms of the SUP
shall be complied with prior to issuance of a Certificate of Occupancy. Failure to comply with any
term or condition of this ordinance will result in the SUP being declared null and void, and of no
force and effect. The SUP is issued to the entity named above runs with the land, and is assignable
and transferable to subsequent owners of the Property.
SECTION 4. SUP Regulations. Upon notice to the Property owner and a hearing before
the City Council, a SUP may be revoked or modified if: 1. There is one or more of the conditions
imposed by this ordinance that has not been met or has been violated on the Property; or 2. The
SUP was obtained or extended by fraud or deception; or 3. As otherwise permitted by law and/orthe DDC
SECTION 5. Unlawful use. It shall be unlawful for any person, firm, entity, or corporation
to make use of the above-referenced Property in some manner other than as authorized by theDDC, Code of Ordinances, and this ordinance.
SECTION 6. Severability. 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 7. Penalty. Any person, firm, entity, or corporation violating any provision of
this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00 for each violation.Each day that a provision of this ordinance is violated shall constitute a separate and distinct
offense. The penal provisions imposed under this ordinance shall not preclude Denton from filing
suit to enjoin the violation and it retains all legal rights and remedies available to it under local,state, and federal law.
SECTION 8. 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.
Th, m,ti,n t, ,pp„,, thi, „di„,„„ w„ m,d, by ChrIs Dd S ,„dseconded by BrA_ Jun bbl He(2+c , the or> d by
the following vote U - U :
Aye Nay 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:
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PASSED AND APPROVED this the ISt\ d,y ,f aV'>- b +. 2023
/ %///
GERARD HUDSPETH, MAYOR
ATrEST:
JESUS SALAZAR, CITY SECRETARY atIt 1111111/
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
I+I&\t1A1A I: i ; ! =:lg: o n
BY. J 1 o:21 :18 -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 called16.2 19 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 northerly
line 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 theeasterly 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 northerly
line 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 said
19.323 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 southerlyline 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, adistance 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 OF
BEGINNING and containing 23.904 acres (1,041,249 square feet) of land, more or less.
Exhibit B
Site Plan, Landscape Plan, and Conceptual Elevations
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