2000-418\Our Documents\Orfllnances\00~Zonmg Plan North Hlckow Creek ltd doc
O CENO
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 1N 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 Councd adopted Ordinance No 2000-046
which estabhshed certain res~dentml interim regulations (the "Res~dentml Interim Regulations"),
and
WHEREAS, the Residential Interim Regulations estabhshed, among other th~ngs, a
Zomng Plan reqmrement ~n the event of a request to rezone property, and
WHEREAS, on August 2, 2000, Dowdy Anderson & Associates, on behalf of Ashton
Dallas Resldentml, apphed for a change ~n zoning for 37 8 acres of land located north of Hmkory
Creek Road on the west s~de of Teasley Lane, from Agriculture (A) zomng district classfficatlon
and land use designation to S~ngle Family (SF-10) zomng d~smct classfficat~on and land use
designation w~th the ~ntent to develop a s~ngle family subthvls~on with open space, and
WHEREAS, smd apphcant has submitted for approval a Zomng Plan for th~s property
under the Residential Interim Regulations, a copy of which ~s attached hereto as Exhthlt "B" (the
Zomng Plan"), and
WHEREAS, on October 11, 2000, the Plarmlng and Zomng Commission recommended
approval of the requested change m zonmg and the submitted Zomng Plan, and
WHEREAS, the C~ty Council finds that the Zomng Plan, w~th the conditions ~mposed
herein, meets the reqmrements of the Resldent~al Interim Regulations and ~s consistent w~th the
approved 1999-2020 Denton Comprehensive Plan NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The zoning thstrlct classffieat~on and land use designation of the 37 8 acres
property described in the legal description attached hereto and mcorporated herein as Exhibit A
~s changed from Agriculture (A) zoning d~strlct classfficatlon and land use designation to S~ngle
Family (SF-10) zoning thsmct classfficat~on and land use designation under the comprehensive
zoning ordinance of the City of Denton, Texas to allow a single family subdivision w~th open
space The Zomng Plan and smd change ~n zomng are hereby adopted, subject to the following
condlt~ons
1 All dwelling units shall have a m~nlmum of 75% masonry coverage
An amenity center must be identified on the project plan and provided for
by rather an amendment to the Zoning Plan or a rezonmg of the Property
pnor to final plat approval of the site containing the amenity center
SECTION 2 The C~ty's official zomng map is amended to show the change ~n zomng
district classification
SECTION 3 If any provisions or the apphcatlon thereof to any person or mrcumstance is
held invalid by any court, such lnvahdlty 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 th~s or&nance shall, upon
conwct~on, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance
~s violated shall constitute a separate and distinct offense
SECTION 5 That this ordinance shall become effective fourteen (14) days l~om the date
of ~ts passage, and the City Secretary is hereby directed to cause the caption of this ordinance to
be pubhshed twice in the Denton Record Chromcle, official newspaper of the C~ty of Denton,
Texas, w~thm ten (10) days of the date of its passage
PASSED AND APPROVED this the~'ff4~day of ~ , 2000
EUL1NE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
'' }r-
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
Exhibit A - Legal Descnpt~on
All that certain tract or parcel of land lying m the Ell P~ckett Survey, Abstract Number
1018, Denton County, Texas, and being the portion called 37 758 acres, being a portmn
of the 54 507 acre tract descnbed m a correction warranty deed from George T Counell,
Jr to Dwight Thompson Ministries, Ine, 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 ~ron rod at the southeast comer of said 54 507 acre tract, said comer
being at the intersection of the center of H~ckory Creek Road and the west right-of-way
line of F M Road 2181, and being on the south line of sand P~ckett Survey,
Thence North 87 degrees, 28 mmutes, 57 seconds West with the center of said H~ckory
Creek Road and the south line of satd Pickett Survey a distance of 617 84 feet to an ~ron
pin,
Thence North 02 degrees, 17 m~nutes, 31 seconds East a distance of 1209 17 feet to an
~ron pm being the Point of Beginning of sa~d tract,
Thence North 87 degrees, 42 m~nutes, 53 seconds West a distance of 626 65 feet to an
iron pin for a comer,
Thence North 03 degrees, 47 minutes, 01 second East a distance of 307 83 feet to an V~"
iron rod for a comer,
Thence North 84 degrees, 10 minutes, 51 seconds West a distance of 25 22 feet to an ~ron
pm for a comer,
Thence South 85 degrees, 45 m~nutes, 33 seconds West a d~stance of 1183 77 feet to an
½" iron rod for a comer,
Thence North 01 degrees, 24 minutes, 01 second East a d~stance of 579 81 feet to an ½"
iron rod for a comer,
Thence North 89 degrees, 38 minutes, 58 seconds East a d~stance of 2381 65 feet to the
west right-of-way hne ofF M Road 2181 for a comer,
Thence South 00 degrees, 01 minute, 25 seconds West a d~stance of 864 68 feet along the
west right-of-way hne off M Road 2181 to an ½" ~ron rod for a comer,
Thence North 87 degrees, 42 minutes, 53 seconds West a distance of 584 43 feet to the
Point of Beg~umng and containing 37 758 acres of land