HomeMy WebLinkAbout1999-008C%W[N WS%MMFlL98455 p ina= Rwind Euc
ORDINANCE NO 9 0
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM
AN AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION
TO A MULTI -FAMILY 1 (MF-1) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 21 502 ACRES OF LAND LOCATED ON THE NORTH SIDE OF
COLORADO BOULEVARD, JUST NORTH OF MAYHILL ROAD, PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Tom Fouts, on behalf of E P Jeske, has applied for a change in zoning for
21 502 acres of land from an Agricultural (A) zoning district classification and use designation to
a Multi -Family 1 (MF-1) zoning district classification and use designation, and
WHEREAS, on December 2, 1998, the Planning and Zoning Commission recommended
approval of the requested change in zoning, and
WHEREAS, the City Council finds that the change in zoning will be in compliance with the
1988 Denton Development Plan and the 1998 Denton Plan Policies, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
S CE TION I That the zoning district classification and use designation of the 21 502 acre
property described in the legal description attached hereto and incorporated herein as Exhibit A is
changed from Agricultural (A) zoning district classification and use designation to Multi -Family I
(MF-1) zoning district classification and use designation under the comprehensive zoning ordinance
of the City of Denton, Texas, subject to the following conditions
1 Density (units/acre) is limited to twenty (20) units per acre of useable acreage Useable
acreage is defined as the gross site acreage minus the floodway acreage
2 That no group homes are permitted
3 Lighting on the property shall be designed and maintained so as not to shine on or otherwise
disturb, surrounding residential property or to shine and project upward to prevent the
diffusion into the night sky
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 N That 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
PASSED AND APPROVED this the � day of 1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY tiQ
APP OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
JAC LER, MAYOR
PAGE 2
EXHIBIT A
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE I) HOUGH
SURVEY, ABSTRACT No 646, DENTON COUNTY, 'TEXAS, AND THE D LAMBERT SURVEY,
ABSTRACT No 784, DEMON COUNTY, TEXAS, AND BEING ALL OF A (CALLED) 215021 ACRE
TRACT DESCRIBED IN A DEED FROM TWIN HILLS JOINT VENTURE TO E V JESKE, DATED APRIL 19,
1984, RECORDED IN VOLUME 1386, PAGE 377, REAL PROPERTY RECORDS, DENTON COUNTY,
TEXAS, AND BEING PART OF A TRACT OF LAND DESCRIBED IN ADEED FROM FDIC TO EPIC
DEVELOPMENT, INC, DATED JUNE 4, 1992, RECORDED IN VOLUME 3245, PAGE 699, REAL
PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS
BEGINNING AT THE SOUTHWEST CORNER OF SAID HOUGH SURVEY, AND THE SOUTHEAST
CORNER OF THE J WHITE SURVEY, ABSTRACT No 1433, DENTON COUNTY, TEXAS, ALSO BEING
THE SOUTHWEST CORNER OF SAID JESKE TRACT, AT AN INNER ELL CORNER OF SAID EPIC
DEVELOPMENT, INC, TRACT,
THENCE NORTH 01 DEGREES 06 NUNUTES 14 SECONDS EAST WITH THE WEST LINE OF SAID JESKE
TRACT AND THE WEST LINE OF SAID HOUGH SURVEY, AND THE EAST LINE OF SAID WHITE
SURVEY, A DISTANCE OF 99128 FEET TO A CORNER AT THE NORTHWEST CORNER OF SAID JESKE
TRACT ONTHE SOUTH RIGHT-OFJWAY OF THE M K & T RAILROAD (ABANDONED),
THENCE SOUTH 63 DEGREES 45 MINUTES 52 SECONDS EAST WITH A NORTH LINE OF SAID JESKE
TRACT, A DISTANCE OF 105 54 FEET TO ACORNER,
THENCE SOUTH 64 DEGREES 31 MINUTES 48 SECONDS EAST WITH A NORTH LINE OF SAID JESKE
TRACT, A DISTANCE OF 1322 44 FEET TO A CORNER AT THE BEGINNING OF A CURVE TO THE
RIGHT,
THENCE WITH SAID CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 17 DEGREES 29
MINUTES 34 SECONDS, A RADIUS,OF 1890 11 4rEET, AN ARC LENGTH OF 574 00 FEET, A CHORD
WHICH BEARS SOUTH 56 DEGREES 59 MINUTES 42 SECONDS EAST, A DISTANCE OF 57178 FEET TO
THE SOUTHEAST CORNER OF SAID JESKE TRACT,
THENCE SOUTH 88 DEGREES 15 MINUTES 36 SECONDS WEST, WITH THE SOUTH L NE OF SAID
JESKE TRACT, A DISTANCE OF 1787 82 FEET TO THEPOINT OF BEGINNING AND CONTAINING IN
ALL 21 502 ACRES OF LAND