2004-084AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 86-101 TO
ALLOW CHURCHES AND RELATED FACILITIES AS PERMITTED USES FOR AN
APPROXIMATE 9.07 ACRES PORTION OF PLANNED DEVELOPMENT 115 (PD-115)
ZONING DISTRICT AND LAND USE CLASSIFICATION; SAID PROPERTY IS GENERALLY
LOCATED ON THE SOUTH SIDE OF US HIGHWAY 77 NEAR BONNIE BRAE AND IN THE
NATHAN WADE SURVEY, ABSTRACT NO. 1407 IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z03-0031)
WHEREAS, on May 20, 1986, by Ordinance 86-101 the City Council approved a concept
plan for Planned Development 115 (PD- 115) zoning district, as more particularly described therein;
and
WHEREAS, New Hope Mission Baptist Church, has applied for an amendment to the
concept plan for Planned Development 115 (PD-115) for 9.07 acres of land more particularly
described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property") said
amended concept plan being on file in the offices of the City's Planning Department, and a copy of
which is attached hereto and made a part hereof as Exhibit "B" (the "Amended Concept Plan"); and
WHEREAS, on February 25, 2004, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommend approval of the Amended Concept Plan; and
WHEREAS, the City Council finds that the Amended Concept Plan is consistent with the
Comprehensive Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble to this ordinance are
incorporated herein by reference.
SECTION 2. Ordinance No. 86-101, providing approval of Planned development 115 (PD-
115) and the original concept plan, is amended by the approval of the Amended Concept Plan for the
Property.
SECTION 3. The provisions of this ordinance as they apply to the Property and the
Amended Concept Plan shall govern and control over any conflicting provisions of Ordinance 86-
101, but all the provisions of Ordinance 86-101 as they apply to the regulations of the district not
herein amended, shall continue in force and effect and shall apply to the remainder of said district
and to this Property.
Page 1 of 2
SECTION 4. A copy of this ordinance shall be attached to Ordinance No. 86-101 showing
the Amended Concept Plan.
SECTION 5. If any provision of this ordinance or the application thereof to any person or
cimumstance 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 6. Any person violating any provision of this ordinance shall, upon conviction, be
fined a stun not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 7. 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, 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 day of ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY~ CITY ATTORNEY
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EXHBIT A
WHEREAS WE NEW HOPE MISIONARY BAPTIST CHURCH IS THE OWNER OF
A 9.076 ACRE TRACH OF LAND LYiNG AND BEING SITUATED IN THE
NATHAN WADE SURVEY ABSTRACT 1407, CITY OF DENTON, DENTON
COUNTY, TEXAS AND BEING A PART OF A TRACT AS DESCRIBED IN A DEED
FROM T.I. 239 B JOINT VENTURE TO NEW HOPE MISSIONARY BAPTIST
CHURCH, RCORDED IN VOLUME 4624, PAGE 1301, REAL PROPERTY
RECORDS OF DENTON COUNTY, TEXAS SAVE AND EXCEPT THAT PORTION
DESCRIBED IN A DEED FROM NEW HOPE MISSIONARY BAPTIST CHURCH
TO THE STATE OF TEXAS, RECORDED IN 4736, PAGE 1707, REAL PROPERTY
RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON ROD FOUND AT A FENCE CORNER POST AT THE
SOUTHWEST CORNER OF SAID NEW HOPE MISSIONARY BAPTIST CHURCH
TRACT AND THE SOUTHEAST CORNER OF A TRACT DEEDED TO HILLWOOD
LAND/DENTON LTD., RECORDED IN VOLUME 2470, PAGE 690, REAL
PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND ALSO BEING IN
THE NORTH LINE OF A TRACT DEEDED TO BRAEWOOD PARTNERS LTD.,
RECORDED IN VOLUME 4521, PAGE 345, REAL PROPERTY RECORDS OF
DENTON COUNTY, TEXAS;
THENCE NORTH 00 DEGREES 22 MINUTES 35 SECONDS EAST WITH THE
WEST LINE OF SAID NEW HOPE MiSSIONARY BAPTIST CHURCH TRACT AND
THE EAST LINE OF SAID HILLWOOD LAND/DENTON LTD. TRACT, A
DISTANCE OF 736.44 FEET TO A 5/8 iNCH IRON ROD WITH AN ALUMINUM
CAP FOUND IN THE SOUTH RIGHT OF WAY OF U.S. HIGHWAY 77, AT THE
SOUTHWEST CORNER OF A PARCEL 9 PART 1 AS DESCRIBED IN A DEED TO
THE STATE OF TEXAS, RECORDED IN VOLUME 4736, PAGE 1707, REAL
PROPERTY RECORDS OF DENTON COUNTY, TEXAS;
THENCE SOUTH 58 DEGREES 51 MiNUTES 04 SECONDS EAST WITH THE
SOUTH RiGHT OF WAY OF U.S. HIGHWAY 77, A DISTANCE OF 26.47 FEET TO
A 5/8 INCH IRON ROD WITH AN ALUMINUM CAP FOUND FOR A CORNER;
THENCE SOUTH 70 DEGREES 33 MINUTES 57 SECONDS EAST WITH THE
SOUTH RIGHT OF WAY OF U.S. HIGHWAY 77, A DISTANCE OF 99.94 FEET TO
A 5/8 INCH IRON ROD WITH ALUMINUM CAP FOUND FOR CORNER;
THENCE SOUTH 58 DEGREES 58 MiNUTES 13 SECONDS EAST WITH THE
SOUTH RiGHT OF WAY OF U.S. HIGHWAY 77, A DISTANCE OF 565.66 FEET TO
A 1/2 INCH IRON PIN SET;
THENCE SOUTH 46 DEGREES 04 MINUTES 39 SECONDS EAST, A DISTANCE
OF 77.48 FEET TO A 1/2 INCH IRON PIN SET;
THENCE SOUTH 25 DEGREES 08 MINUTES 47 SECONDS EAST, A DISTANCE
OF 348.93 FEET TO A FOUND CONCRETE MONUMENT;
THENCE SOUTH 04 DEGREES 56 MINUTES 20 SECONDS EAST, A DISTANCE
OF 24.97 FEET TO A FOUND CONCRETE MONUMENT;
THENCE SOUTH 89 DEGREES 45 MINUTES 35 SECONDS WEST WITH THE
SOUTH LINE OF SAID NEW HOPE MISSIONARY BAPTIST CHURCH TRACT
AND THE NORTH LiNE OF SAID BRAEWOOD PARTNERS LTD. TRACT, A
DISTANCE OF 812.69 FEET TO THE POiNT OF BEGINNiNG AND CONTAINiNG
IN ALL 9.076 ACRES OF LAND.
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