2004-111S:\Our Documents\Ordin ances\04kZ03 -0032.doc
OPera. CE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A DETAILED PLAN
FOR APPROXIMATELY 9.1 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 115
(PD-115) ZONING DISTRICT AND GENERALLY LOCATED AT THE SOUTHWEST CORNER
OF US HIGHWAY 77 AND BONNIE BRAE INTERSECTION AND LEGALLY DESCRIBED AS
TRACT 28 IN THE N. WADE SURVEY ABSTRACT NUMBER 1407; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0032)
WHEREAS, New Hope Missionary Baptist Church, has applied for an approval of a detailed
plan for approximately 9.1 acres located within Planned Development 115 (PD- 115); and
WHEREAS, on March 10, 2004, the Planning and Zoning Commission concluded a public
hearing as required by law, after which a motion to recommend approval of the Detailed Plan; and
WHEREAS, the City Council fmds 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 Detailed Plan attached hereto and incorporated herein by reference as
Exhibit "A" for approximately 9.1 acres located within Planned Development 115 (PD- 115), and
more particularly describe in Exhibit "B", which is attached hereto and incorporated herein by
reference, is hereby approved.
SECTION 2. 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 3. 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 4. 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, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
Page 1 of 2
S:\Our Documents\Ordinances\04~Z03 -0032.doc
PASSED AND APPROVED this the ~L/~ day of
,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBER~~ORNEY
BY: v ~,~ ~ ~/
Page 2 of 2
Exhibit A
EXHBIT B
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.