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Home My WebLink About1999-140�\CH WLWOLIV4HM®\B�LW.rOmlmm dln®c®M"9 Col BIWE NOTE Amended by Ordinance No. 99-266. ORDINANCE NO 99-/a AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM CONDITIONED COMMERCIAL (C[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A CONDITIONED MULTI -FAMILY 1 (MF-1[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 18 003 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF COLORADO BOULEVARD, APPROXIMATELY FIVE HUNDRED AND FIFTY (550) FEET WEST OF SOUTHERN HILLS BOULEVARD AND THE NORTH SIDE OF THE I-35 E FRONTAGE ROAD, IMMEDIATELY EAST OF THE PACE'S CROSSING APARTMENT COMPLEX, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z- 99-009) WHEREAS, James Truitt, on behalf of Howard Patterson, has applied for a change in zoning for 18 0 acres of land from conditioned Commercial (C[c]) zoning district classification and use designation to a conditioned Multi -Family 1 (MF-l[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 SECTION I That the zoning district classification and use designation of the 18 0 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from conditioned Commercial (C[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 2 Density Density on the property shall not exceed a total of 288 multi -family dwelling units Parking Off-street parking shall be provided at a rate of one parking space per bedroom for all multi -family dwelling units Fence A wooden privacy fence with a mtmmum height of eight feet shall be required along all property boundaries adjacent to any residential use A consistent eight foot fence line above grade of the adjacent property shall be maintained \\CH WLWOLIV4HARED\OBPT War OxunimpWM.... \9 99 W9 Gla BM d. Landscaped Buffer Yard A landscaped buffer yard of at least 20 feet of width shall be maintained along all property boundaries adjacent to any residential use The buffer yard shall maintain existing or newly planted trees with no more than 20 feet of separation Newly planted trees shall be of 3 inch minimum diameter as per the City of Denton landscape ordinance and shall be replaced in the event any die 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 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-Chromcle, 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 6904day of 11999 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2C JACK ER, MAYOR PAGE 2 M� EXHIBIT A Z-99-009 18 003 Acres J White Survey, Abstract No 1433 D Lambert Survey, Abstract No 784 City of Denton, Denton County, Texas BEING a tract of land located in the J White Survey, Abstract No 1433 and the D Lambert Survey Abstroct-No 784, City of Denton, Denton County, Texas and being a portion of that certain tract of land described in the deed to Epic Development, Inc , as recorded in Volume 3245, Page 699 of the Deed Records of Denton County, Texas (DRDCT) and more particularly described by metes and bounds as follows (bearings based on the northeast right—of—way line of Interstate Highway No 35—E per Texas Department of Transportation right—of—way maps) BEGINNING at a 1/2—inch iron rod found for the most southerly corner of Lot 1 Block 1, Paces Crossing, an addition to the City of Denton, Texas according to the plat recorded in Cabinet E, Page 372 of the Plot Records of Denton County, Texas, from which a 1/2—inch iron rod found bears North 75'54' West 05 feet THENCE along the west boundary line of sold Epic Development, Inc tract with the east boundary line of said Pace's Crossing, as follows -- North 4917'25" East, 46159 feet to a 1/2—inch iron pipe found for a corner in the common line of said White survey and said Lambert survey, -- North 02'10'40" East, along said common line, 908 79 feel to a 1/2—inch iron rod found in the southwest right—of—way line of Colorado Boulevard (an 80—foot wide right—of—wo)) THENCE along the said southwest right—of—way line of Colorado Boulevard, as follows -- Southeasterly, 16106 feet along a curve to the left having a radius of 640 00 feet, a central angle of 1425'09", and a chord bearing of South 5547'19 East, 16064 feet to a 1/2—Inch Iron rod found at the end of said curve, -- South 62'59'54' East, 15733 feet to a 1/2—inch iron rod found at the beginning of o curve to the right -- Southeasterly, 551 27 feet along said curve to the right having a radius of 56000 feel, a central angle of 56'24'10", and a chord bearing of South 34'47 46" East, 529 28 feet to a 1/2—Inch iron rod found at the end of said curve, -- South 06'35'43" East, 10000 feet to a 1/2—inch iron rod found at the beginning of o curve to the left, -- Southeasterly, 486 12 feet along said curve to the left having a radius of 1440 00 feet a central angle of 19'20'31", and a chord bearing of South 16'15 59" East 48381 feet to a 5/8—inch "KHA" copped iron rod set for a corner, THENCE South 7741 14" West, departing said southwest right—of—way line of Colorado Boulevard, a distance of 659 93 feet to a 5/8—inch "KHA" copped iron rod set for a comer, THENCE South 49'13'27" West, a distance of 253 12 feet to a 1/2—inch iron rod found for a corner in the southwest boundary line of said Epic Development, Inc tract and the northeast right—of—way line of Interstate Highway No 35—E from which a 1/2—Inch iron rod found bears South 83'18' West, 1 9 feet THENCE along said southwest boundary line with the said northeast right—of—wav line of Interstate Highway No 35—E, as follows -- North 53'47'35' West 9925 feet to a 1/2—inch iron rod found at the beginning c, a curve to the right, frc n which a 1/2—inch iron rod found bears So th 70 30' West 2 1 feet, -- Nortl westerly, 139 76 feet along sold curve to the right having a r ,dius of 11 309 20 set a central angle of 00'42'2.9", and a chord bearing of North 48'06'24' West, 139 76 feet to a point for tho end of said curve, from which a 1/2—inch iron rod found boars, South 35'57' East, 0 6 test and a 1/2—Inch Iron rod found bears South 8125' West, 1 6 feet -- North 47'41'40" West, 136 70 feet to the POINT OF BEGINNING and containing 18 003 acres of land, more or less S \Our Documents\Ordmances\99\z-009 correcting amendment doc ORDINANCENO 99- a6(1�' AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO CORRECT THE CONDITIONS ESTABLISHED BY ORDINANCE 99- 14E WHICH ESTABLISHED A MULTI FAMILY ONE (MF-1[C]) CONDITIONED ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 18 003 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF COLORADO BOULEVARD,APPROXIMATELY FIVE HUNDRED AND FIFTY (550) FEET WEST OF SOUTHERN HILLS BOULEVARD AND THE NORTH SIDE FO THE I-35 FRONTAGE ROAD, IMMEDIATELY EAST OF THE PACE'S CROSSING APARTMENT COMPLEX, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-009) WHEREAS, on April 20, 1999 the City Council approved an Ordinance 99-140 which designated a Multi Family One (MF-1 [c]) with Conditions Zoning District, and WHEREAS, the conditions in Ordinance 99-140 does not correctly reflect the intent and the actions of the City Council regarding the fencing and buffer yard, and WHEREAS, this ordinance is only for the purpose of making corrections to the ordinance; and WHEREAS, the City Council finds that the change in conditions of Ordinance 99-140 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 SECTION I That the conditions listed in Section I, paragraphs 4 and 5 of Ordinance 99- 140, which established a Multi Family One Conditioned (O[c]) zoning district classification and use designation for the subject property, are amended to read as follows 4 Fence A high quality wooden privacy fence with a minimum height of eight feet shall be required along the property line adjoining the Pace's Crossing Apartments 5 Buffer Additional trees (one every 20 feet, approximately 70 in all) shall be planted along the property line adjoining the Pace's Crossing Apartments to supplement retained existing trees and to provide visual screening via a consistent tree line The trees will be a fast-growing, climatically -suited variety SECTION 2 That the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance 99-140, but all provisions of Ordinance 99-140 as they apply to the remaining portion of the zoning district land use regulations not herein amended, shall continue in full force and effect SECTION-3 That a copy of this ordinance shall be attached to Ordinance 99-140 showing the amendments herein approved SECTION 4 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 5• 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'lk day of 1999 JA LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY AP OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY C!�/ PAGE