HomeMy WebLinkAbout2001-480S, urO ummo WinmcM0=1�7d
ORDINANCE NO Ot 01 _T 00
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO ONE -FAMILY DWELLING (SF-7) WITH CONDITIONS ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 13 2
ACRES OF LAND GENERALLY LOCATED ON THE EAST SIDE OF MOCKINGBIRD LANE
APPROXIMATELY 450 FEET SOUTH OF ITS INTERSECTION WITH AUDRA LANE,
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR
VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE (ZO1-0037)
WHEREAS, McKissack Realty initiated a change in zoning for approximately 13 2 acres of
land from Agricultural (A) zoning district classification and use designation to One -Family Dwelling
(SF-7) with conditions zoning district classification and use designation, and
WHEREAS, on November 14, 2001 the Planning and Zoning Commission recommended
approval of the requested change in zoning, and
WHEREAS, the City Council finds that the change in zoning is consistent with the
Comprehensive Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The zoning district classification and use designation of the approximately 13 2
acre property described in the legal description attached hereto and incorporated herein as Exhibit A
is changed from Agricultural (A) zoning district classification and use designation to One -Family
Dwelling (SF-7) zoning district classification and use designation under the comprehensive zoning
ordinance of the City of Denton, Texas, subject to the following condition
The proposed development will provide connectivity to the property to the south
SECTION 2 The City's official zoning map is amended to show the change in zoning
district classification
SECTION 3 If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable
SECTION 4 Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall
Page 1 of 2
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constitute a separate and distinct offense
SECTION 5 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
published twice in the Denton Record-Chromcle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage
PASSED AND APPROVED this the i v day of haxkz, 2001
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY RAIA // )" '�'L" ,
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
0:111111011M.101010, %•
Page 2 of 2
Exhibit A
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE
MlE P & P R R SURVEY ABSTRACT 927, AND BEING A PART OF A CALLED 6 8094 ACRE
TRACT DESCRIBED IN A DEED TO JOHN E MILLICHAMP et ux, RECORDED IN VOLUME 4740,
PAGE 2233, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING A PART OF A
TRACT OF LAND DESCRIBED IN A DEED TO G D AMOS et ux, RECORDED IN VOLUME 382,
PAGE 200, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS
BEGINNING AT A FOUND IRON PIN AT THE SOUTHEAST CORNER OF SAID MILLICHAMP
TRACT, AND BEING THE SOUTHWEST CORNER OF AUDRA MEADOWS ADDITION, AND
ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT
THEREOF RECORDED IN CABINET EAST, PAGE 371, PLAT RECORDS, DENTON COUNTY,
TEXAS,
THENCE NORTH 89 DEGREES 40 MINUTES 10 SECONDS WEST WITH THE SOUTH LINE OF
SAID MILLICHAMP TRACT, A DISTANCE OF 575 96 FEET TO A 1/2 INCH IRON PIN SET WITH
A YELLOW PLASTIC CAP STAMPED METROPLEX 1849,
THENCE NORTH 01 DEGREES 22 MINUTES 50 SECONDS EAST, A DISTANCE OF 90 00 FEET TO
A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849,
THENCE NORTH 89 DEGREES 40 MINUTES 10 SECONDS WEST, A DISTANCE OF 130 00 FEET
TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849,
THENCE SOUTH 01 DEGREES 22 MINUTES 50 SECONDS WEST, A DISTANCE OF 90 00 FEET TO
A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849,
THENCE NORTH 89 DEGREES 40 MINUTES 10 SECONDS WEST, A DISTANCE OF 31 14 FEET
TO A FOUND IRON PIN AT THE SOUTHWEST CORNER OF SAID MILLICHAMP TRACT, ON
THE EAST LINE OF MOCKINGBIRD STREET,
THENCE NORTH 00 DEGREES 19 MINUTES 50 SECONDS EAST WITH A WEST LINE OF SAID
MILLICHAMP TRACT AND THE EAST LINE OF MOCKINGBIRD STREET, A DISTANCE OF
291 99'FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED
M�TROPLEX 1849 AT THE WESTERN MOST NORTHWEST CORNER OF SAID MILLICHAMP
TRACT SAME BEING THE SOUTHWEST CORNER OF A CALLED 100 ACRE TRACT
DESCRIBED IN A DEED TO NELVA JOYCE SCOTT, RECORDED IN VOLUME 2782, PAGE 403,
REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS,
THENCE SOUTH 89 DEGREES 59 MINUTES 28 SECONDS EAST WITH A NORTH LINE OF SAID
MILLICHAMP TRACT AND THE SOUTH LINE OF SAID SCOTT TRACT, A DISTANCE OF 330 62
FEET TO A FOUND IRON PIN AT A INNER ELL CORNER OF SAID MILLICHAMP TRACT, SAME
BEING THE SOUTHEAST CORNER OF SAID SCOTT TRACT.
THENCE NORTH 02 DEGREES 07 MINUTES 20 SECONDS EAST WITH A WEST LINE OF SAID
MILLICHAMP TRACT AND THE EAST LINE OF SAID SCOTT TRACT, A DISTANCE OF 192 39
FEET TO A FOUND IRON PIN AT THE NORTHERN MOST NORTHWEST CORNER OF SAID
M LLICHAMP TRACT, AND BEING IN THE EAST LINE OF A CALLED 0 999 ACRE TRACT
D SCRIBED IN A DEED TO BAMBI JILL HARROLD, RECORDED IN COUNTY CLERK'S
NUMBER 94-R0080649, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS,
THENCE NORTH 01 DEGREES 41 MINUTES 44 SECONDS EAST WITH THE EAST LINE OF SAID
HARROLD TRACT, A DISTANCE OF 63 90 FEET TO A FOUND IRON PIN AT THE NORTHEAST
CORNER OF SAID HARROLD TRACT,
THENCE NORTH 89 DEGREES 47 MINUTES 04 SECONDS WEST WITH THE NORTH LINE OF
SAID HARROLD, A DISTANCE OF 338 15 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW
PLASTIC CAP STAMPED METROPLEX 1849 AT THE NORTHEAST CORNER OF SAID HARROLD
TRACT, ON THE EAST LINE OF MOCKINGBIRD STREET,
THENCE NORTH 00 DEGREES 19 MINUTES 50 SECONDS EAST WITH THE EAST LINE OF
MOCKINGBIRD STREET, A DISTANCE OF 365 65 FEET TO A 1/2 INCH IRON PIN SET WITH A
YELLOW PLASTIC CAP STAMPED METROPLEX 1849,
THENCE SOUTH 88 DEGREES 58 MINUTES 41 SECONDS EAST, A DISTANCE OF 189 52 FEET
TO A FOUND IRON PIN AT THE SOUTHEAST CORNER OF LOT 1, ALTON DAVIS ADDITION,
AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE
PLAT THEREOF RECORDED IN CABINAT B, PAGE 128, PLAT RECORDS DENTON COUNTY,
TEXAS, AND BEING THE SOUTHWEST CORNER OF A CALLED 2 232 ACRE TRACT
DESCRIBED IN A DEED TO CARL E ALLEN et ux„ RECORDED IN VOLUME 1002, PAGE 573,
DEED RECORDS, DENTON COUNTY, TEXAS,
THENCE SOUTH 88 DEGREES 56 MINUTES 03 SECONDS EAST, A DISTANCE OF 551 11 FEET
TO A FOUND IRON PIN AT THE SOUTHEAST CORNER OF A CALLED 2 50 ACRE TRACT OF
Lt1ND DESCRIBED IN A DEED TO HARVEY N CHAPMAN et ux, RECORDED IN COUNTY
CLERK'S NUMBER 96-R0060579, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND
BEING ON THE WEST LINE OF SAID AUDRA MEADOWS ADDITION,
THENCE SOUTH 00 DEGREES 33 MINUTES 00 SECONDS WEST WITH THE WEST LINE OF SAID
AUDRA MEADOWS ADDITION, A DISTANCE OF 905 65 FEET TO THE POINT -OF -BEGINNING,
AND CONTAINING IN ALL, 13 201 ACRES OF LAND