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HomeMy WebLinkAbout2000-418S \Our Documents\0rdmances\00\Zomng Plan North Hickory Creek Rd doc ORDINANCE NO �7/8 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR A ZONING PLAN FOR 37 8 ACRES LOCATED WITHIN AN AGRICULTURE (A) ZONING DISTRICT, TO CHANGE TO A SINGLE FAMILY (SF-10) DISTRICT TO ALLOW FOR SINGLE FAMILY USES, THE SUBJECT PROPERTY BEING LOCATED NORTH OF HICKORY CREEK ROAD ON THE WEST SIDE OF TEASLEY LANE IN THE ELI PICKETT SURVEY, ABSTRACT NO 1018, DENTON COUNTY, TEXAS, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (ZP-00-015) WHEREAS, on February 1, 2000, the City Council adopted Ordinance No 2000-046 which established certain residential interim regulations (the "Residential Interim Regulations"), and WHEREAS, the Residential Interim Regulations established, among other things, a Zoning Plan requirement in the event of a request to rezone property, and WHEREAS, on August 2, 2000, Dowdy Anderson & Associates, on behalf of Ashton Dallas Residential, applied for a change in zoning for 37 8 acres of land located north of Hickory Creek Road on the west side of Teasley Lane, from Agriculture (A) zoning district classification and land use designation to Single Family (SF-10) zoning district classification and land use designation with the intent to develop a single family subdivision with open space, and WHEREAS, said applicant has submitted for approval a Zoning Plan for this property under the Residential Interim Regulations, a copy of which is attached hereto as Exhibit "B" (the Zoning Plan"), and WHEREAS, on October 11, 2000, the Planning and Zoning Commission recommended approval of the requested change in zoning and the submitted Zoning Plan, and WHEREAS, the City Council finds that the Zoning Plan, with the conditions imposed herein, meets the requirements of the Residential Interim Regulations and is consistent with the approved 1999-2020 Denton Comprehensive Plan NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zoning district classification and land use designation of the 37 8 acres property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from Agriculture (A) zoning district classification and land use designation to Single Family (SF-10) zoning district classification and land use designation under the comprehensive zoning ordinance of the City of Denton, Texas to allow a single family subdivision with open space The Zoning Plan and said change in zoning are hereby adopted, subject to the following conditions All dwelling units shall have a minimum of 75% masonry coverage An amenity center must be identified on the project plan and provided for by either an amendment to the Zoning Plan or a rezoning of the Property prior to final plat approval of the site containing the amenity center SECTION 2 The City's official zoning map is amended to show the change in zoning district classification SECTION 3 If any provisions 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 That 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 constitute a separate and distinct offense SECTION 5 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 published twice in the Denton Record Chronicle, official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the /' day of �U 2000 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APP VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY i EULINE BROCK, MAYOR PAGE 2 Exhibit A — Legal Description All that certain tract or parcel of land lying in the Eli Pickett Survey, Abstract Number 1018, Denton County, Texas, and being the portion called 37 758 acres, being a portion of the 54 507 acre tract described in a correction warranty deed from George T Connell, Jr to Dwight Thompson Ministries, Inc , and recorded under County Clerk's file number 95-R0024387, Real Property Records of Denton County, Texas, and being more particularly described as follows Commencing at an iron rod at the southeast corner of said 54 507 acre tract, said corner being at the intersection of the center of Hickory Creek Road and the west right-of-way line of F M Road 2181, and being on the south line of said Pickett Survey, Thence North 87 degrees, 28 minutes, 57 seconds West with the center of said Hickory Creek Road and the south line of said Pickett Survey a distance of 617 84 feet to an iron pin, Thence North 02 degrees, 17 minutes, 31 seconds East a distance of 1209 17 feet to an iron pm being the Point of Beginning of said tract, Thence North 87 degrees, 42 minutes, 53 seconds West a distance of 626 65 feet to an iron pin for a corner, Thence North 03 degrees, 47 minutes, 01 second East a distance of 307 83 feet to an'/z" iron rod for a corner, Thence North 84 degrees, 10 minutes, 51 seconds West a distance of 25 22 feet to an iron pin for a corner, Thence South 85 degrees, 45 minutes, 33 seconds West a distance of 1183 77 feet to an ''/z" iron rod for a corner, Thence North 01 degrees, 24 minutes, 01 second East a distance of 579 81 feet to an ''/z" iron rod for a corner, Thence North 89 degrees, 38 minutes, 58 seconds East a distance of 238165 feet to the west right-of-way line of F M Road 2181 for a corner, Thence South 00 degrees, 01 minute, 25 seconds West a distance of 864 68 feet along the west right-of-way line of F M Road 2181 to an'/z" iron rod for a corner, Thence North 87 degrees, 42 minutes, 53 seconds West a distance of 584 43 feet to the Point of Beginning and containing 37 758 acres of land 2 aoe�P�tleR �n swim taov+a un nNsmP.. 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