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Home My WebLink About1996-244Z-96-025 ORDINANCE NO "! & ` 2- `Y L AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE LIGHT INDUSTRIAL (LI) AND AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS TO THE MULTI -FAMILY 1 CONDITIONED (MF-1[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 42 815 ACRES OF LAND LOCATED BETWEEN SPENCER ROAD AND LOOP 288, EAST OF THE RAILROAD TRACKS, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Spencer 288, Ltd , on behalf of Denton Industrial Partners, initiated a change in zoning for 42 815 acres of land from the Light Industrial (LI) and Agricultural (A) zoning district classifications and use designations to the Multi -Family 1 (MF-1) zoning district classification and use designation, and WHEREAS, on September 11, 1996, the Planning and Zoning Com- mission recommended approval of the requested change in zoning, and WHEREAS, the applicants have sought to amend their application by adding conditions that are more restrictive to the Commission's recommendation (See Exhibit 1), and WHEREAS, the City Council finds that the change in zoning, as amended, will be in compliance with the Denton Development Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the zoning district classification and use designation of the 42 815 acres of land described in Exhibit 2, attached hereto and incorporated herein by reference, is changed from the Light Industrial (LI) and Agricultural (A) zoning district classifications and use designations to the Multi -Family 1 Condi- tioned (MF-1[c]) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions That the maximum density of dwelling units shall not exceed 4 86 units per acre, as applied to the entire parcel of land 2 That a two maintained through the (200') from the power line subject property hundred foot building setback be easement which runs SECTION II That the City's official zoning map is amended to show the change in zoning district classification SECTION III That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION IV That this ordinance shall become effective four- teen (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 PASSED AND APPROVED this the day of _, 1996 9"0-04 --.— JMILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY �jl APP ED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 "464#t I M MYERS DEVELOPMENT, INC RESIDENTIAL DEVELOPMENT & MANAGEMENT OCT 2 2 1996 -, - October 21,1996 • lul : ►1� 1 :: u Mr Frank Robbins, AICP Director of Planning and Development City of Denton 221 N Elm Denton, Texas 76201 Re The Waterford Approximately 42 acre tract of land on Spencer Road, Denton, Texas Z-96-025 Dear Mr Robbins First, allow me to express my sincere gratitude for taking the time to visit with us this past Wednesday concerning the above referenced proposed development Your comments concerning the process utilized by the City of Denton in re -zoning land was invaluable In addition, the information you provided concerning our proposed development and its impact on the golf center's requirements to initiate site improvements should enable us to obtain their support for our re -zoning petition Pursuant to our conversation, it is our intention to amend our initial application for zoning To that end, please find below the revisions hereby requested by M Myers Development, Inc to be used by the City of Denton's Planning and Development Department in drafting certain ordinances for the review and approval of the City Council at their November 5, 1996 meeting I M Myers Development, Inc hereby requests that the zoning ordinance, for the above referenced tract of land, specifically Imut the total number of residential housing units allowable to not more than 208, and 2 M Myers Development, Inc hereby commits to locate residential buildings at this development at a minimum of 200 feet from the existing overhead power Imes which extend from City of Denton Municipal Utilities power plant on Spencer Road directly south across the subject property to Colorado Blvd DALLAS 3100 MCKINNON STREET, SUITE 1060 / DALLAS TEXAS 75201-7CO3 / (214) 969-7328 / FAX (214) 969-7560 crab;o( I Should you have any further questions and/or comments concerning our proposed development or the statements set forth herein, please feel free to contact me at your earliest possible convenience Once again thank you for all of your assistance and comments Sincerely, JM B, Myers Pr sident o • CHICAGO TITLE INSURANCE COMPANY TRACT I BEING a 42.815 acre tract of land situated in Denton County, Texas, and beang a pportion of the M. L AUSTIN SURVEY ABST. NO. 4 and J S. TAFT SURVEY, ABST. NO. 1256 and being the same tract conveyed to Denton Industrial Partners by General Warranty Deed recorded in Volume 652, Page 71 of the Deed Records of Denton Count yy Txa es, said 42.815 acre tract being more particularly described as foliawss BEGINNING at a 1/2 inch iron rod set at the intersection of the northerly right of way line of U. S. Highway Number 288 (a variable width right of way with the easterly right of way line of the M.R T. Railroad (a 100 foot rig t of way and 50 feet off the centerline of the tracts); THENCE with the easterly right of way line of the H K T. Railroad and the digeneral line of a fence North 40 degrees 25 minutes 00 as condn West, a stance of 2103.32 feet to a vertical railroad rail found for corner; THENCE departing the easterly line of the railroad and with the general line of a fence No th 00 degrees 55 minutes 00 seconds West, a distance of 314.09 feet to a 1�2 inch iron rod set for corner in the south line of a public road; THENCE with the general line of a fence and the south line of said road, South 52 degrees 03 minutes 30 seconds East, a distance of 72.57 feet to a 1/2 inch iron rod net for corner; THENCE departin4 the fence line and crossing said road at an angle, Norrt�h 88 degrees 26 minute¢ 00 seconds East, a distance of 586.60 feet to a 1/2 inch iron rad set for corner; THENCE Northh 89 degrees 21 minutes 30 seconds East, a distance of 648.84 feet to a inch iron rod met for corner, THENCE crossing a fence line and aforementioned public road and with the general line of a fence on the south side of the road, South 00 degrees 31 minutes 00 seconds West, a distance of 428.63 feet to a 1/2 inch iron rod not for corner; THENCE departing the general line of a fence, South 89 degrees 29 minutes 00 seconds East, a distance of 389.00 feet to a 1/2 inch iron rod found for corner; THENCE with the general line of a fence South 00 degrees 31 minutes 00 seconds We et, a distance of 1299.17 feet to a 1/2 inch iron rod set for corner in the northerly right of way line of U s Highway Number 288; THENCE with the northerly right of way 1Lne of U. S. Highway Number 288 and the ?eneral line of a fence, South 61 degrees 16 minutes 20 seconds West, a distance of 338.83 feet to the POINT OF BEGINNING, CONTAINING an area of 42.815 acres of land, more or less. PAGE 8