HomeMy WebLinkAbout1998-128Z98 015
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SPECIFIC USE
PERMIT #211 (S-211) ON 0791 ACRES, TO INCREASE THE ALLOWABLE AREA WITHIN
THE SPECIFIC USE PERMIT TO 0 867 ACRES OF LAND LOCATED ON THE NORTH SIDE
OF SCRIPTURE, BETWEEN BONNIE BRAE AND THOMAS, PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, on April 8, 1998, the Planning and Zoning Commission recommended
approval of the requested amendment to specific use permit #211, and
WHEREAS, in accordance with Article III, Division 4 of Chapter 35 of the Code of
Ordinances of the City of Denton, Texas, the City Council finds that all of the following conditions
exist
1 That the specific use will be compatible with and not injurious to the use and
enjoyment of other property nor significantly diminish or impair property values within the
immediate vicinity,
2 That the establishment of the specific use will not impede the normal and orderly
development and improvement of surrounding vacant property,
3 That adequate utilities, access roads, drainage and other necessary supporting
facilities have been or will be provided
4 The design, location and arrangement of all driveways and parking spaces provides
for the safe and convenient movement of vehicular and pedestrian traffic without adversely
affecting the general public or adjacent developments,
5 That adequate nuisance prevention measures have been or will betaken to prevent or
control offensive odor, fumes, dust, noise and vibration,
6 That directional lighting will be provided so as not to disturb or adversely affect
neighboring properties, and
7 That there is sufficient landscaping and screening to ensure harmony and
compatibility with adjacent property, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION _ I That the specific use permit to operate a communication tower with accessory
buildings is hereby granted to the City of Denton, Texas for a 0 867 acre tract, being part of an 18
acre tract, described in Exhibit A, attached hereto and incorporated into this ordinance by reference
and that the following conditions to the Special Use Permit will apply
A That the provisions of the new landscape ordinance (Ordinance 98-100) shall apply
to the Special Use Permit
SECTION II That 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 III 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, the official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage
PASSED AND APPROVED this the A day of 11998
./�%•,,
JA25MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY ��� I . naA
S \Our Documents\Ordmances\98\Z-98 015 doe
EXHIBIT A
LEGAL DESCRIPTI❑N
McKENNA PARK C❑MMUNICATION FACILITY
BEING A 00791 ACRE TRACT ❑F LAND SITUATED IN THE CITY ❑F DENTON, AND
BEING ❑UT ❑F THE R❑BERT BEAUM❑NT SURVEY, ABSTRACT NUMBER 31, DENT❑N
C❑UNTY, TEXAS, AND BEING PART OF A CALLED 180 ACRE TRACT ❑F LAND
DESCRIBED T❑ THE CITY ❑F DENTON BY A WARRANTY DEED AS RECORDED IN
VOLUME 358, PAGE 559 ❑F DEED RECORDS ❑F DENT❑N COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLL❑WS,
COMMENCING AT AN ANGLE IRON FOUND ❑N THE WEST RIGHT-OF-WAY OF
TH❑MAS AT THE S❑UTHEAST C❑RNER L❑T 2 BLOCK G ❑F PARK VEIW RECORDED
IN VOL 387 PAGE 292, DEED REC❑RDS, DENT❑N C❑UNTT, TEXAS, AND ALS❑
BEING THE M❑ST NORTHEASTERN C❑RNER ❑F SAID McKENNA PARK,
THENCE SOUTH WITH THE WEST RIGHT-OF-WAY ❑F THOMAS ROAD,
A DISTANCE ❑F 34316 FEET T❑ A POINT F❑R A CORNER,
THENCE SOUTH 89 DEGREES 54 MINUTES 57 SECONDS WEST DEPARTING THE
WEST RIGHT-❑F-WAY LINE ❑F THOMAS R❑AD,A DISTANCE ❑F 15159 FEET T❑ A
METAL CORNER FOR A PLACE ❑F BEGINNING,
THENCE SOUTH 04 DEGREES 41 MINUTES 52 SECONDS EAST, WITH A DISTANCE
❑F 20186 FEET TO A 112 INCH IRON PIN SET FOR A SOUTHWEST C❑RNER,
THENCE S❑UTH 88 DEGREES 51 MINUTES 56 SEC❑NDS WEST, A DISTANCE ❑F
185 71 FEET T❑ A 112 INCH IR❑N PIN SET FOR A NORTHWEST CORNER,
THENCE NORTH 04 DEGREES 50 MINUTES 54 SECONDS WEST, A DISTANCE ❑F
205 32 FEET TO A 112 INCH IRON PIN SET F❑R A N❑RTHEAST CORNER,
THENCE NORTH 89 DEGREES 54 MINUTES 57 SEC❑NDS WEST, A DISTANCE ❑F
18650 FEET T❑ THE PLACE ❑F BEGINNING AND CONTAINING 12619 95 SQUARE
FEET ❑F LAND ❑R 0867 ACRES ❑F LAND
AREA=37788,979 SO FT