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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