1999-008AN 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 Fours, on behalf of E P Jeske, has applied for a change m zoning for
21 502 acres of land from an Agricultural (A) zonmg dlstrmt classfficatlon and use deslgnat~on to
a Multi-Family 1 (MF-1) zomng d~stnct classfficatmn and use des~gnatmn, and
WHEREAS, on December 2, 1998, the Plannmg and Zomng Commission recommended
approval of the requested change m zomng, and
WHEREAS, the City Council finds that the change in zomng 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
SECTION I That the zomng district classification and use deslgnat~on of the 21 502 acre
property described m the legal description attached hereto and incorporated herein as Exhibit A is
changed from Agricultural (A) zomng district classfficat~on and use designation to Multl-Famdy 1
(MF- 1) z0mng district classfficat~on and use designation under the comprehensive zomng ordinance
of the C~ty of Denton, Texas, subject to the following conditions
1 Denstty (umts/acre) is hm~ted to twenty (20) tmas per acre of useable acreage Useable
acreage is defined as the gross site acreage m~nus the floodway acreage
2 That no group homes are permitted
3 Lighting on the property shall be designed and mmntalned so as not to shine on or otherwise
disturb, surrounding res~dentml property or to shine and project upward to prevent the
diffusion ~nto the night sky
SECTION II That the City's officml zonmg map is amended to show the change in zoning
d~stnct classification
SECTION III That any person violating any provision of this ordinance shall, upon
convmtl0n, be fined a sum not exceeding $2,000 00 Each day that a provision ofthts ordinance is
violated shall constitute a separate and d~stlnct offense
~ That th~s ordinance shall become effective fourteen (14) days from the date
o£~ts passage, and the C~ty Secretary ~s hereby directed to cause the caption of this ordinance to be
pubhshed twine m the Denton Record-Chromcle, a daily newspaper pubhshed in the City of Denton,
Texas, w~thm ten (10) days of the date or,ts passage
PASSED AND APPROVED thls the ~-~ dayof ~ , 1999
JACK~LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
EXHIBIT A
ALL THAT CB~TAIN TRACT OR IOAI~L OF LAND LYING AND BEING SITUATED IN THE D HOUGH
SURVEY, ABSTRACT No 646, D~3VTON COUNTY, TEXAS, AND TI-lED LAMBERT SURVEY,
ABSTRAC~ No 784, DENTON C(MJI,,FrY, TEXAS, AND BEING ALL OF A (CA}.{.~r~) 21 $02t ACRE
TRACT DESCRIBED IN A DEED FROM 15NIN I~I~,S {OINT VEN~JRE TO E ~ $ES~E, DATED APRIL
1984. RECORDED IN VOLUME 1386, PAGE 377, ~[~AL PROPFaRTY RECORDS, DENTON COUNTY,
TEXAS, AND BEING PART OF A TRACT OF LAND DESCRIBED IN ADEED FROM FDIC TO EPIC
DEVELOPMENT, INC, DATED/UNE 4, 1992, RECORDED IN VOLUME ~245, PAGE 6~9, REAL
PI~Og~RTY RECORDS, DENTON COUNTY, TEXA~, AND BEING MORE PARTICULARLY I)F.~CRIBED
AS FOLLOWS
BEGINNING AT THE SOLrrliWEST CORNER OF SAID HOUGH SURVEY, AND THE SOUTHEAST
CORNER OF THE $ WHITE SURVEY, ABSTRACT No 1433, DENTON COUNTY, TEXAS, ALSO BEING
THE SOUTHWEST CORNER OF SAID/ESK~ TRACT, AT AN INNEP. ELL CORNER OF SAID EPIC
DEVELOPMENT, INC, TRACT,
THENCE NORI~H 01 DEGREES 06 M1NUTES 14 SECONDS EAST WITH TH~ WEST LINE OF SAID
TRACer AND THE %%q~ST LINE OF SAID HOUGH SURVEY, AND THE EAST LINE OF SAID WHITE
SURVEY, A DISTANCE OF 981 28 FEET TO A CORNER AT THE NORTHWEST CORNER OF SAID
TRACT ON'THE SOUTH RIGHT-OF..~AY OF THE M K 8: T RARI~OAD (ABANDONED),
THENCE SOUTH 63 DECREES 45 MINUTES $2 SECONDS EAST WITH A NORTH LINE OF ~AID ~ESKE
TRACT, A DISTANCE OF 105 54 FEET TO A~'~ORNER,
THENCE SOUTH 64 DEGREES 31 MINUTES 48 St~CONDS EAST wrrH A NORTH LINE OF SAID
TRACT, A DISTANCE OF 1322 44 FEET TO A CORNER AT THE BEGINNING OF A CURVE TO THE
RIGHT,
THENCE WITH SAID CURVE TO TH]~ RIGHT, HAVING A CENTRAL ANGLE OF 17 DEGREr~ 29
MINUTES 34 SECONDS, A RADIUS.OF 18~0 1 ! ~EET, AN ARC LF, NGTH OF 574 00 FBET, A CHORD
V~clICH BEARS SOUTH 56 DEGREES 591VffNUTES 42 SECONDS EAST, A DISTANCt~ OF 571 78 FEET TO
TH~ SOUTHEAST CORNBR OF SAID ]ESKE TRACT,
THENCE sOUTH ~8 DL~.~REES 15 MINUI~S 36 SECONDS WEST, WITH THE SOUTH L.~]~E OF SAIDiN
JESKE TRACT, A DISTANCE OF 1787 82 FiiET TO THE{~OINT OF BEG][NNIN~ AND CONTAINING
ALL 21 502 ACRES OF LAND