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1999-139 0RDINANCE NO 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 lC]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 19 33 ACRES OF LAND LOCATED ON THE EAST SIDE OF MEADOW STREET, THE SOUTH SIDE OF 1NMAN STREET AND JUST NORTH OF 1-35 EAST, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOLrNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-014) WHEREAS, Mlguel Arce, on behalf of Barrow Heath, Inc, has applied for a change m zoning for 19 33 acres of land from Commercial (C) zoning district classification and use designation to a conditioned Multi-Family 1 (MF-I[c]) zoning district classification and use designation, and WHEREAS, on March 10, 1999, the Planning and Zomng Commission recommended approval of the requested change in zomng, and WHEREAS, the City Council finds that the change in zomng will be in comphance 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 zomng dastr~ct classification and use designation of the 19 33 acre property described m the legal description attached hereto and incorporated herein as Exhibit A is changed from Commercial (C) zoning district classification and use designation to a condmoned Multi-Family 1 (MF-1 Ici) zoning chstnct classification and use designation under the comprehensive zoning orchnance of the City of Denton, Texas, subject to the following conditions 1 Ltght~ng 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 d~ffuslon into the night sky 2 Denstty Density on the property shall not exceed 21 multi-family dwelling units per acre 3 Parlang Off-street parhng 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 zomng map is amended to show the change m zomng district claaslficatlon 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 distract offense SECTION 1V 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 pubhshed twice an the Denton Reeord-Chromcle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of ItS passage PASSE , . 'PROVE£,t sthe,;Ot' dayof ,9.a .1999 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 EXHIBIT A Z-99-014 t9.33 acres amid ~ ~g ~t 1, l~n Su~aivla~n per plat ma ~a In Volume ~ of Oe~n coup. T~=, ~ 5 ~ 26, Inman SuMvla~n ~r p~ as ~ In Vol~e ~ ~e 2~ of BEGINNING et a fou~ 1M ~ ~n ~ et e ~ ~er ~ ~ng ~ N~ee~ THENCE So~ 03 ~egm~ 09 mince ~ ~n~ E~ al~g a ~on llne Re~rd8 ~m aala ~ 1~ ~ Iron ~ a ~ 114 In~ iron Ke~ Rlfley p~ de~ ~ In CC No g~14 ~ M~ ~ R~ al~ being ~ N~ ~ ~ ~ ~g mad (Mead~ ~) ~d ~e N~ ~ ~ ~ ~ne ~ ~ q4 ~ Md Inman SumMOn ~e West ~ ~ ~ ~ q I~n Su~ a dl~ ~ (BHB INC) ~ ~ No~ miner ~ ~ld L~ 1 and a~ ~ENCE No~89d~mes28~29~s~along~nE~Lo~2 3 4 15 t8a~ Inman ~t ~r ~ld In~ THENCE N~ 8e d~ ~ mln~e 2g ~n~ E~ a~ng ~ Sou~ ~O W ~ENCE N~ ~ ~s ~ mln~ 2e ~nds ~ (R~mfl~ bearing),