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2001-176ORDINANCE NO /-/7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 84- 133 TO PROVIDE FOR A DETAILED PLAN / PROJECT PLAN FOR 21 295 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 86 (PD-86) ZONING DISTRICT, THE SUBJECT PROPERTY BEING GENERALLY LOCATED AT THE SOUTHWEST CORNER OF WINDSOR AND BONNIE BRAE, 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 (SP-01-0002) WHEREAS, on October 16, 1984, the City Council approved a change in zoning for 52 9 acres located at the southwest corner of Windsor and Bonnie Brae from Agricultural (A) zoning to Planned Development (PD-86) zoning, and WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-069 which established certain nonresidential interim regulations (the "Nonresidential Interim Regulations"), and WHEREAS, the Nonresidential Interim Regulations established, among other things, a project plan requirement, and WHEREAS, on January 22, 2001, the Catholic Diocese of Fort Worth, submitted a Detailed Plan / Project Plan for 21 295 acres of land located within PD-86 with the intent to develop a church and parochial school, and WHEREAS, on March 28, 2001, the Planning and Zoning Commission recommended approval of a Detailed Plan / Project Plan for such 21 295 acres, and WHEREAS, the City Council finds that the Detailed Plan / Project Plan is consistent with the approved Concept Plan for PD-86 and meets the requirements of the Nonresidential Interim Regulations, NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Ordinance No 84-133 providing for the approval of a Concept Plan for the Planned Development Zoning District Classification and Use Designation for the property described as PD-86 is amended by approving the Detailed Plan / Project Plan attached hereto and incorporated herein by reference as Exhibit B for 21 295 acres located within PD-86, more particularly described by the legal description attached hereto and incorporated herein by reference as Exhibit A, subject to the following condition bighting on the property shall be designed and maintained so as not to shine on or otherwise disturb adjoining property or to shine and project upward to prevent diffusion into the night sky S ~OUr OacumenuWNineow~01~BP 01 M2 as SECTION 2 The provisions of this ordinance as they apply to the 21 295 acres shown in the Detailed Plan/ Project Plan herein approved, shall govern and control over any conflicting provisions of Ordinance No 84-133, but all the provisions of Ordinance No 84-133, as they apply to that remaining portion of the district not herein amended, shall continue in force and effect and shall apply to the remainder of said district SECTION 3 A copy of this ordinance shall be attached to Ordinance No 84-133 showing the amendment herein approved SECTION 4 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 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 passsa/g``e// PASSED AND APPROVED this the day of '2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FO HERBERT L PROU Y, CI ATTORNEY BY PAGE2 EXHIBIT A LEGAL DESCRIPTION WHEREAS, The Church of the Immaculate Conception, is the owner of a 21.295 core Tact of land situated in the F. BATSON SURVEY, Abstract No. 43, CRy of Denton, Denton County, Texas and being the some 21.295 acre Tract of land deeoribed in deed C- Bonnie Bros, LTD recorded in Volume 4178, page 21, of the Deed Records of Denton County, Texas Bearing basis for this survey is the North line of the sold Bonnie Brae, LTD, - Tract, Said 21.295 core tract being more particularly described by metes and bounds, as follows: Iron for found the BEGINcc~oTmerrtof the sold Bonnie Bas, LTD Trod, and obelnegg o Southwest Northerly line of a Tract of land described in dead to D. Gene Gamble as recorded in Volume 674, Page 458 of the Deed Records c Denton County, Texas; THENCE N 02' 05' 36" E, along the common line of the Bonnie Bras, I Tract, and the D. Gene Gamble Tract, a distance of 91.63 feet, to a 5 8" iron rod found, THENCE departing the said common line and over and aorose the said Bonnie Bros, LTD Tact, the following calls S 87' 25' 01" E, a distance of 35.14 feet, to a 5/8" iron rod found; NORTHEASTERLY along a curve to the left having a radius o 818 44 feet, a delta angle of 11' 41' 19", a long chord that boom N 86' 43' 56" E, a distance of 125 94 feet, an arc distance 12616 feet, to 5/8" iron rod found, N OZ' 07' 28" E, a distance of 1037.14 feet, to a 5/8" Iron rod found, on the North line of the said Bonnie Brae, LTD. Tract, and being on the centerline of Windsor Drive, THENCE S 87' 40' 33" E, along the said North line and along the said centerline a distance of 557.65 feet, to a 5/8" Iron rod found, for the Northeast comer of the said Bonnie Brae, LTD Tract, and being Page 588 In dead Partn Northwest as recorded in Volumef land described 1 t of the Deed Records of Denton County, Texas; THENCE Sal P the co hp orract, n line the of the said following ajis ie Brae, LTD Tract, ant the S or 22' 31" W, a distance of 257.30 feet, to a 1/2" Iron rod found: S 32' 10' 59" E, a distance of 575 10 feet, to a 112" iron rod found; S 88' 03' 01" E. at a distance of 158.59 feet, to a PK nail found, s on the East line of the sold Bonnie Brae, LTD. Tract, and being the centerline of Bonnie Brae, THENCE S centerline, 1a distance of 41497h feet, i to a PIK nail nfo found, for the Southeast comer of the said Bonnie Brae, LTD. Tract, THENCE N 87' 28' 21" W. departing the said centerline and along the South One of the said Bonnie Brae, LTD. Tract, a distance of 1200.93 feet, to THE POINT OF BEGINNING and containing 21.295 acre of land more or less l _ n t NV1d 103rONd MCTEMUIWM 2E7YR@6® i.a PPO"pi rn I NOIld3ON00 31vlnovWWl 3H1 JO HUINO EXHIBIT B s4 b 4 wtl 1 tl u egB Y~p`e IG°aj'~ ~r~d~~~ iw g9Yl`~p eyi"A tl ptla~P~ I~~PQ~ ~~y~9Y~~ Y YYYYrY 9A9 PvBA Rae tlY W F a Igh tl~aw ] S"si] a I ~i Pa ~'•M~w ~~BeN r ape I egp w~i 1~~ g Q~%jaaii 11"Il( B ~i ~~m~gye9 ~e g 999~N~Qw ~ w ~~~.Etl ~~~by~~6! ~ iell~9a~ ~~i•~~yla waaa wrsam ,da~mace z SOHO ONV NVId 30VNW(I ANVNIMMUd NOUd3ON0O awnOVWWI 3HL JO HounHO n 11< lilt a l . 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