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1996-244 Z-96-025 ORDINANCE NO 24¥ 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-I[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 an zoning for 42 815 acres of land from the L~ght Industrial (LI) and Agrlcultural (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 ~n 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 flnds that the change ~n zoning, as amended, w~ll be ~n compliance with the De~ton Development Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the zoning dlstr~ct classification and use des~gnatzon of the 42 815 acres of land described ~n Exhibit 2, attached hereto and incorporated herezn by reference, is changed from the L~ght Industrzal (LI) and Agrlcultural (A) zoning district classifications and use designations to the Multi-Family 1 Cond~- tzoned (MF-i[c]) zonlng district classification and use deszgnatlon under the comprehensive zoning ordinance of the C~ty of Denton, Texas, subject to the followlng conditions 1 That the maxzmum denszty of dwellzng units shall not exceed 4 86 un,ts per acre, as applied to the entire parcel of land 2 That a two hundred foot (200') building setback be maintained from the power lzne easement which runs through the subject property SECTION II That the City's official zoning map is amended to show the change ~n zoning dzstrlct classification SECTION III That any person violating any provision of this ordinance shall, upon conv~ctlon, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and dlstlnct 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 1n the Denton Record-Chronicle, a dally newspaper published in the City of Denton, Texas, w~th~n ten (10) days of the date of its passage PASSED AND APPROVED this the,~~'~ day of ~, 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APP~ED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 ,44 A/1YERS DEVELOPMENT, INC RESIDENTIAL DEVELOPMENT & MANAGEMENT OOT 2 g 1996 October 21, 1996 VIA: FACSIMILE AND REGULAR MAIL Mr Frank Robbms, AICP Director of Planmng 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 Robbms First, allow me to express my sincere gratitude for taking the time to visit wzth us ti'as past Wednesday coneermng the above referenced proposed development Your comments concerning the process utilized by the City of Denton m 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 tmtiate site improvements should enable us to obtain their support for our re-zoning petltaon Pursuant to our conversation, it is our intention to amend our tmtlal apphcatton for zoning To that end, please fred below the revisions hereby requested by M Myers Development, Ine to be used by the City ofDenton's Planmng and Development Department m drafimg certain ordinances for the revaew 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 hrmt the total number of residential housing units allowable to not more than 208, and 2 M Myers Development, Inc hereby commits to locate residential bmldmgs at ttus development at a mm_tmum of 200 feet from the erdstmg overhead power lmes wluch extend from Czty of Denton Mumcipal Utallt~es power plant on Spencer Road chrcctly south across the subject property to Colorado Bird DALLAS 3100 McKINNON STREET, SUITE 1060 / DALLAS TEXAS 75201-7003 / (214) 969-7328 / FAX (214) 969-7560 Should you have any further questions and/or comments concerning our proposed development or the statements set forth hereto, please feel free to contact me at your earliest possible convemence Once again thank you for all of your assistance and comments Sincerely, CHICAGO TITLE INSURANCE COMPANY TRACT I BEING a 42.815 acre tract of land situated in Denton County, Texas, and ~_a portion of the N. L AUSTIN SURVEY. ASST. NO. 4 an~ J S. TA~T ~u~VS~,.A~.ST. NO. 1255 and heine the same tract conveyed to Denton · nousnrLa~ Partners by General ~arrant¥ Deed recorded in Volume 652, Page 71, cf the Deed Records cf Denton County, Texas, said 42.815 acre tract being more ~articularly described as follo~s~ BEGINNING at a 1/2 inch iron rod est at the intersection of the northerly right of way line of U. S. Highway Number 288 (a variable width ~ight of way) with the easterly right of way line of the H.K T. Railroad (a 100 foot right of way and 50 feet off the centerline of the tracts}; THENCE with the easterly right cf way line of the N K T. Railroad end the ~eneral line of a fence. North 40 degrees 25 minutes 00 seconds West,.a aistance of 2105.32 fee~ to a vertical railroad rail found for corner, THENCE de~arting the easterly line of the railroad end with the enerel · ~ge.cf a 'fence No~th 00 degrees 55 minutes 00 seconds West, a d~stance of · ~.u~ feet to a 1/2 inch iron rod set for corner in the south line of a public road; ~fl~.CE_~l~h the general line of a fence and the south line of said road, ou=n 52 ~egrees 05 minutes 30 seconds East, a distance of 72.E7 feet to a 1/2 inch iron rod est for corner; T~ENCE departino the fence line and crossing said road at an angle, Nort;h 88 deareee 25 m~nutee 00 seconds East, a distance of 586.60 feet to a 1/2 inch ~rcn rod set for corner; THENCE North 89 degrees 21 minutes 30 seconds East, a distance of 648.84 feet to a 1/2 inch iron rod set for corner, THENCE crossino a fence line and aforementioned public road, and with the general line o~ a fence on the south side of the road, South 00 degrees ~1 minutes O0 seconds West, a distance of 428.63 feet to a 1/2 inch iron rod set 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 aeneral line of a fence. South 00 4eg~ege 31 m%nutee O0 seconds West, a 81stance of 1299.17 feet to e 1/2 Lncn iron rca set for corner in the northerly right of way line of U s Highway Number 288; THENCE with the northerly right of way 1ins of U. s. Highway Number 288 and the ~eneral line of a fence, South 61 degrees 16 minutes 20 seconds West, a die~anoe of 338.83 feet to the POINT OF BEGINNING, CONTAINING an ~ree of 42.815 acres of land, more or less. PAGE 8