HomeMy WebLinkAbout1999-139UCH LOL\VOLIVHARWD�WL\Our Docmnmle\OMi.\M 9M14 Mlud SVMp
ORDINANCE NO q9-/3 9
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM
COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A
CONDITIONED MULTI -FAMILY 1 (MF-1 [C]) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR 19 33 ACRES OF LAND LOCATED ON THE EAST SIDE OF
MEADOW STREET, THE SOUTH SIDE OF INMAN STREET AND JUST NORTH OF I-35
EAST, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR
VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-014)
WHEREAS, Miguel Arce, on behalf of Barrow Heath, Inc, has applied for a change in
zoning for 19 33 acres of land from Commercial (C) zoning district classification and use
designation to a conditioned Multi -Family 1 (MF-1[c]) zoning district classification and use
designation, and
WHEREAS, on March 10, 1999, 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, the 1998 Denton Plan Policies, and the 1999 Growth Management
Strategies and Plan, NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SSECTION I That the zoning district classification and use designation of the 19 33 acre
property described in the legal description attached hereto and incorporated herein as Exhibit A is
changed from Commercial (C) zoning district classification and use designation to a conditioned
Multi -Family 1 (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
Lighting Lighting on the property shall be designed and maintained so as not to shine on,
or otherwise disturb, adjoining property or to shine and project upward to prevent the
diffusion into the night sky
Density Density on the property shall not exceed 21 multi -family dwelling units per acre
Parktng Off-street parking shall be provided at a rate of one parking space per bedroom for
all multi -family dwelling units
4 Fence A masonry fence with a minimum height of eight feet shall be required along all
property boundaries adjacent to any residential use
SECTION II That the City's official zoning map is amended to show the change in zoning
district classification
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SCTION 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 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 Ay — day of 1999
JACK 61tVR, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
EXHIBIT A
Z-99-014
19.33 acres
BEING a tract of lard situated in the A_ HIP Survey, Abstract No 623 City of Denton Denton County Texas
sold tract being Lot 1, Inman Subdivision per plat as recorded In Volume 328 Page 469 of the Deed Records
Of Oenton County, Texas, Lots 5 thrU 26. Inman Subdivision per plat as recorded in Volume 334 Page 202 of
said Dead Records and a portion of a tract deeded to a George E Inman per Warranty Deed recorded in
Volume 266 page 649 of the Deed Records or Denton County Texas said tract being more particularly
described) by metes and bound* as follows
BEGINNING at a found 114 Bch Bon rod at a fence comer post being the Northeast comer of said Inman tract
recorded In Volume 268. Page 64% also being an oil comer of a tract deeded to Denton Land Joint V6mtde per
deed recorded in Volume 931 Page 989 of said Deed Records
THENCE South 03 degrees 09 minutes 02 seconds East along a common line of said Inman tract and
Denton Land Joint Venture tract being along a meandering barbed wire fence line a distance of
343 35 feetto a found 1%2 inch Iron rod at the Intersection of said barbed wire fence with a chain Onk
fence ,
THENCE South 88 degrees 30 minutes 26 seconds West along a South One of sold Inman tract along Said
chain link fence passing a found 518 Inch son rod Intended to be the Northwest comer of
International Properties Inc tract per description recorded in CC No 97-02Oa52 of said Deed
Records at 221 46 foot and offset O 33 feet North of continuing leaving sold chain link fence and
now along a meandering barbed wire fence along said South line of Inman tract also being the North
Irene of a tract deeded to Brookveat, Inc as recorded In CC No 98L22e83 of sold Deed Records
for a total dlatanos of 845 03 feet to a found 5/81rch Iron rod
THENCE South 01 degrees 24 minutes 64 seconds East a distance of 244 99 feet to a found 1t2 Inch Iron
rod being the most Southerly Southeast comer of sold Inman tract and also being the Northeast
comer Of Lot 1 Block 1 ACI Addition per plat recorded in Cabinet L, Slide 245 of sold Deed
Records from said found 112 Inch Iron rod a found 114 Inch iron rod beam South 84 degrees 23
minutes 47 seconds East a distance of Zoo feet:
THENCE North 89 degrees 66 minutes 26 seconds West Stang the South line of said Inman tray and the
North line of said Lot 1 Block 1 passing a found 1\2 Inch capped Iron rod (Kam Ind) being or
Intended to be the Northwest comer of R.O W dedication per ACI Addition at 516 19 feet
continuing along said South Me of Inman tract and the North tine of a tact deeded to Roy Riney and
Kathy Riney per deed recorded in CC No 95-049914 of said Deed Records also being the North
line of an existing road (Meadows Street) and the North tine of said Meadows Street as dedicated
Per Lot 1, Block 1 Greenhouse Addition as recorded In Cabinet E Slide 310 of said Deed Records
passing a found 1t2 Inch Iron red being the Northwest comer of R O W dedication per said
OraenhOUSO Addition at 1219 94 feet and Continuing for a total distance of 1253 00 test to a get PK
nab In asphatt;
THENCE North 18 degrees 43 minutes 45 seconds East along the East line of Meadows Street the West
One of Lot 14 of said Inman Subdivision the West One of sold Lot 1 Inman Subdivision a distance
Of 683 01 feet to a got $18 Inch yellow capped Iron rod (BHB) being the Northwest comer of said Lot
1, Inman Subdivision
THENCE North 89 degrees 25 minuses 29 seconds East along the South R O W Ilene of Inman Street (50 foot
R O W_) per said Inman Subdivision a distance of 100 00 feet to a set SM inch yellow capped Iron
rod (BHB INC) being the Northeast comer of said Lot 1 and also being the Northwest comer of Lot
2 of am Inman Subdivision from said set 5M Inch yellow upped Iron rod (BHB) a found 1 Inch Bon
rod bears North 00 degrees 33 rmnutes 31 seconds West a distance of 5 38 That
THENCE South 00 degrees 33 minutes 31 seconds East leaving said South R O W the and along the
common line of Bald Lots 1 and 2 a distance of 200 00 feet to a not Sf8 Bur yellow capped Iron rod
(BHB INC) being the common comer of Lots 1 2. 14 and 15 of sold Inman Subdivision,
THENCE Norm 89 degrees 26 minutes 29 seconds East along the common One of Lots 2 3 4 18 18 and
17 a distance or 224 07 feet to a oat am Inch yellow capped iron rod (BHB INC) being the common
Comer Of Lots 4 8 17 and 16 of said Inman Subdcvialon,
THENCE North 00 degrees 33 minutes 31 seconds West along the common One of said Lot 4 and a passing
a fdurnd 1%21nch BOn rod at 3 92 feat and continuing along saki common One for a total distance of
200 00 feet to a not 518 Inch yellow, dapped I on rod (BHB INC.) on the South R O W line of said
Inman Street per said Inman Subdivision
THENCE North 89 degress 26 minutes 29 Seconds Et at along said South RO W One a distance or 675 00
feet to a set" inch yellow capped fron rod (FHB INC) being the N ortheast comer of Lot 13 Inman
Subdivision and the end of amid Inman Street;
THENCE North 00 degrees 33 minutes 31 seconds West a distance of 25 00 feet to a set SM Bich yellow
capped iron rod (BHB INC) on the North One of said Inman tract also being the South Ons of said
Denton Lard Joint Venture tract from said set SM Inch yellow capped Iron rod a found 1t2 Inch Iron
rod bears South 89 degrees 26 minutes 29 seconds West a distance of SM 30 feel.
THENCE North 89 degrees 26 minutes 29 seconds East (Reference beating), along the common line of said
Inman tract and Denton Land Joint Venture trecct a distance of 717 10 feet to the POINT OF
BEGINNING and containing 842,091 square feet or 19M acme of land