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