1999-140NOTE Amended by Ordinance No. 99-266.
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-I[C]) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 18 003 ACRES OF LAND LOCATED ON
THE SOUTH SIDE OF COLORADO BOLrLEVARD, APPROXIMATELY FIVE HUNDRED
AND FIFTY (550) FEET WEST OF SOUTHERN HILLS BOULEVARD AND THE NORTH
SIDE OF THE 1-35 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 Trtutt, on behalf of Howard Patterson, has apphed 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-I[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 m zoning will be m 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 drstnct 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 (CIe]) zoning district classification and use designation to
a condmoned Multa-Famlly 1 (MF-1 [el) zomng district classification and use designation under the
comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions
1 Ltghttng Lighting on the property shall be designed and mamtmned so as not to shine on,
or otherwme thsturb, adjolmng property or to shine and project upward to prevent the
diffusion into the night sky
2 Denstty Density on the property shall not exceed a total of 288 mulU-famdy dwelling units
3 Parktng Off-street parking shall be provided at a rate of one parking space per bedroom for
all multi-family dwelling un,ts
4 Fence A wooden privacy fence with a mlmmum height of eight feet shall be required along
all property boundaries adjacent to any remdentlal use A consistent eight foot fence line
above grade of the adjacent property shall be maintained
5 Landscaped Buffer Yard A landscaped buffer yard of at least 20 feet of width shall be
mamtmned along all property boundaries adjacent to any residential use The buffer yard
shall mmntam 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 orchnance and shall be replaced in the evem any die
SECTION II That the City's officml zomng map is amended to show the change in zomng
d~strmt classfficat~on
SECTION III That any person wolat~ng any provision of th~s ordinance shall, upon
convmUon, be fined a sum not exceeding $2,000 00 Each day that a provmlon of this ordinance is
wolated shall consUtute a separate and chstmct offense
SECTION IV That th~s ordinance shall become effective fourteen (14) days from the date
of its passage, and the C~ty Secretary ~s hereby directed to cause the caption of th~s ordinance to be
published twine m the Denton Record-Chromcle, a daffy newspaper pubhshed ~n the City of Denton,
Texas, w~thm ten (10) days of the date of its passage
PASSED AND APPROVED th~s the cT~0 ~2~day of ~ ,1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
EXHIBIT A
Z-99-009
18003 Acres
d White Survey, Abstract No 1¢33
D Lambert Survey, Abstract No 784.
City of Oenton, Oenton County, Tex<3s
BEING a tract of 1<3nd located fn the J White Survey, Abstract No 1435 <3nd the D L<3mbert Survey
Abstract-No 784-. City of Denton, Oenton County, Texas end be~ncj o port,on of that certain trect of lend
described in the deed to Epic DevelOpment, Inc, as recorded ~n Volume 3245, Pacje 699 of the Deed Records
of Denton County, Texas (DRDCT) end more particularly described by metes end bounds os follows
(besrmgs based on the northeast right-of-way hne of Interstate H~ghwoy No 55-E per Texes Dep<3rtment of
Transportetlon right-of-way mops)
BEGINNING et o 1/2-~nch ~ron rod found for the most southerly corner of Lot 1 Block 1, Paces Crossing,
cn edd~bon to the City of Denton, Texas according to the pier recorded in Cabinet E, Pocje,.372 of the Plot
Records of Oenton County, Tex0s, from which o 1/2-~ch iron rod found beers North 75'54 West 05 feet
THENCE oloncj the west boundary line of sold Epic Development, Inc tract w~th the east boundary hne of
so~d Paco's Cross~ncj, os follows
-- North 4917'25" East, 48159 feet to o 1/2-inch iron p~pe found for o corner ~n the
common hne of se~d White survey end so~d Lambert survey;,
-- North 02'10'40" East, along sold common hne, 908 79 feet to o 1/2-~nch iron
rod found in the southwest right-of-way line of Colorado Boulevard (on 80-foot w~de rlght-of-wo~)
THENCE along the so~d southwest right-of-way hne of Colorado Boulevard, os follows
-- Southeasterly 161 06 feet along o curve to the left howng o red,us of 640 O0 feet, o central
oncjle of 14'25'09", end o chord beormg of South 55'47 19" East, 160 64 feet to
o 1/2-Inch iron rod found et the end of maid curve,
-- South 62'59'54' East, 157 53 feet to o 1/2-~nch ~ron rod found et the beginning of o
curve to the r~ght
-- Southeasterly, 551 27 feet along smd curve to the r~ght hawng o red,us of 560 O0 feet, <3
central angle of 56'24.'10", end o chord beonng of South 34'47 46" East, 529 28
feet to a 1/2-Inch iron rod found <3t the end of sold curve,
-- South 06'35'45' East, 10000 feet to o I/2-~nch iron rod found et the beginning of o
curve to the left,
-- Southeasterly, 48612 feet along sold curve to the left having o radius of 144000 feet o
central angle of 19'20'31", and o chord bearing of South 16'15 59" East 48.3 81
feet to o 5/8-~nch "KHA" copped a'on rod set for o corner,
THENCE South 77 41 14" West, deparbng sold southwest right-of-way hne of Colorado Boulevard,
e dlstcnce of 659 93 feet to o 5/8-Inch "KHA" copped iron rod set for a corner.
THENCE South 4.9'13'27" West, o distance of 253 12 feet to o 1/2-tach iron rod found for o corner m
the southwest boundary hne of so~d Epic Development, [nc tract and the northeast rlcjht-of-woy
line of interstate Highway No 55-E from which O I/2-1nch iron rod found beers South 85~18' West, 1 9 feet
THENCE (3long so~d southwest boundary hne w{th the so~d northeast right-of-way hne of Interstate H~ghway
No 35-E, os follows
-- North 53'47'35' West 9925 feet to o 1/2-~nch ~ron rod found et ~he becjinmng c' e
curve co the right, frc/n which o 1/2-1nch ~ron rod found beers So th 70 50' West 2 1 feet,
-- Nell! .~estoHy, 139 76 feet oloncj said curve to the right hov,ng a r ,d~us of 11 309 20 eel
o central angle of 00'42'~.9", clnd o chord beonng of North 48~)6'24' West, 139 76
feet to o po~nt for tho end of seed curve, from which e 1/2-tach ~ron rod found boors,
South 35'57' East, 06 test end o 1/2-inch iron rod found beers South 81 25' West, I 6 feet
-- North 47'¢1'40" West, 136 70 feet to the POINT OF BEGINNING <3nd cont<3m~ncj
18 005 acres of lend, more or less
\Our Documents\Ordmances\99~z-O09 correctms amendment doc
O ANC NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
AMENDMENT TO CORRECT THE CONDITIONS ESTABLISHED BY ORDINANCE 99-
140 WHICH ESTABLISHED A MULTI FAMILY ONE (MF-l[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 1-35 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 1 That the conditions hsted in Section I, paragraphs 4 and 5 of Ordinance 99-
140, which estabhshed a Multi Family One Condit~oned (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 hne adjoining the Pace's Crossing Apartments to
supplement retained existing trees and to provide visual screening via a consistent
tree hne The trees will be a fast-growing, climatically-suited variety
~ That the provisions of this ordinance shall govem and control over any
conflmtlng provisions of Ordinance 99-140, but all provisions of Ordinance 99-140 as they apply
to the rematmng portion of the zoning district land use regulations not herein amended, shall
continue in full force and effect
;SECTION 3 That a copy of thts ordinance shall be attached to Ordinance 99-140
showing the amendments hereto approved
SECTION 4 That any person wolatmg any prowsmn of th~s ordinance shall, upon
conwctlon, be fined a sum not exceeding $2,000 00 Each day that a prows~on of this ordinance
lS wolated shall constitute a separate and d~stmct offense
SECTION 5, That th~s ordinance shall become effective fourteen (14) days from the date
of ~ts passage, and the Oty Secretary ~s hereby directed to cause the caphon of thru ordinance to
be pubhshed twine m the Denton Record-Chromcle, a dally newspaper pubhshed m the City of
Denton, Texas, w~thm ten (10) days of the date of ~ts passage
PASSED AND APPROVED this the ~/~-~/day o f ~~.Z~, 1999
JAC~4qLLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2