Z23-0006aORDINANCENO. 223-OO06a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING DISTRICT AND USE CLASSIFICATION FROM LIGHT INDUSTRIAL (LI)DISTRICT TO RESIDENTIAL (R7) DISTRICT ON APPROXIMATELY 24 ACRES OF LANDGENERALLY LOCATED ON THE WEST SIDE OF NORTH MAYHILL ROAD,APPROXIMATELY 250 FEET NORTH OF RUSSELL NEWMAN BOULEVARD IN THECITY OF DENTON, DENTON COUNTY; ADOPTING AN AMENDMENT TO THE CITY’SOFFICIAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNTOF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE
AND AN EFFECTIVE DATE. (223-0006a)
WHEREAS, MRLP Bick Property LLC requested to rezone approximately 24 acres of land
from Light Industrial (LI) District to Residential (R7) District, legally described in Exhibit “A”,
attached hereto and incorporated herein by reference (hereinafter, the “Property”); 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 request; 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 procedural
standards 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 establishing a zoning district change for the Property,
have determined that the proposed use 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 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 areincorporated herein by reference and found to be true.
SECTION 2. The zoning district and use classification for the Property is hereby changedto Residential 7 (R7) District.
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 ordinanceshall 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 e\rts Da+l S and
seconded by $ten Jun CUR mc(>u , the ordinance was passed and approved bythe following vote U - A :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:JJ
,/J
b/
./
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 I Sth d,y,f Ru3L5+' 2023.
z'&/Z“GERARD HUDSPETH, MAYOR
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ATTEST:
JESUS SALAZAR, CITY SECRETARY n\\till IIII
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Ih&\ tWh :jI ; ;To: F1gOr : : : 5 8 : 0 4BY. J v -05’oo‘
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Exhibit ALegal 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 of
Denton, 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 ofDenton County, Texas, being on the westerly right-of-way line ofMlayhill 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 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 PlatRecords 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;
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THENCE North 00'’53'1 I " 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 asFirst 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 1 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, 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.
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