HomeMy WebLinkAbout1996-280E \WPDOCE\ORD\Z-96-046
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT ON 0791 ACRES, BEING A PART OF 18 ACRES OF LAND LOCATED ON
THE NORTH SIDE OF SCRIPTURE, BETWEEN BONNIE BRAE AND THOMAS TO
ALLOW FOR A COMMUNICATION TOWER, PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS, on December 11,
Commission recommended approval
permit, and
1996, the Planning and Zoning
of the requested specific use
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 signifi-
cantly diminish or impair property values within the immediate
vicinity,
2 That the establishment
impede the normal and orderly
surrounding vacant property,
of the specific use will not
development and improvement of
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 is hereby granted to the City of Denton, Texas
for a 0791 acre tract, being part of an 18 acre tract, described
in Exhibit A, attached hereto and incorporated into this ordinance
by reference
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 IV' day of L�p,(W , 1996
JACI ILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY aJ
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
EXHIBIT A
McXENNTA PARK lagal Description
The parcel of land situated in the County of Denton. State of Texas. commonly known as McKenna
Park, and acquired by the City of Denton on March 3, 1950 for an Elevated Storage Tank, and
being a part of the Robert Beaumont Survey and being more particularly described as follows.
BEGINNING at the Southwest corner of the Robert Beaumont Survey at a point 1311.3 vrs East of
the Northwest corner of the Eugene PuchaWd Survey in the North boundary line of the same at a
pest and pile of rock In the west border of the Cross -Timbers and at a point known as Medlin's
Point from which a P.O brs North 90 deg. East 5 vrs, another brs North 24 deg East 8 vrs,
Thence East 302.3 vrs to a point for corner, said point being 20 feet West of the Southwest corner of
a 15 acre tract deeded by R. H. Ewing and wife M. E. Ewing to K. I. Wilhtus;
Thence North and parallel with said D. 4 Wilkins West boundary hue 329.5 vrs to a point for
comer, said point being 20 feet West of the Northwest corner of said Wilkins Tract;
Thence West 302.3 vrs a point for corner;
Thence South 3M5 vre along the West boundary line of said Beaumont Survey to place of beginolug
and containing 18 acres of land more or lea and being the same tract of land conveyed to J. A.
Preait and wife Jennie Preuit by R. H. Ewing and wife M. E. Ewing by deed dated November 27,
A.D.,1909, recorded in Volume 114, Page 215, of the Deed Records of Denton County, Texas, and
being the same tract of land conveyed to the the City of Denton, Texas, a Mnnktpal Corporation by
J. A Preuit and wife Jennie Preuit by deed dated March 3, A„D.1950, recorded in Volume 358,
page W9, of the Deed Records of Denton County, Texas.
Proposed McKenna Park Communication Facility Subdivision
BEING a 0.0791 Acre Tract of Land situated in the City of Denton, and being out of the ROBERT
BEAUMONT SURVEY, Abstract No. 31, Denton County, Texas, and being part of a called 1&0
acre tract of land described to the City of Denton by a warranty deed w recorded in Volume 399,
Page 559 of the Deed Records of Denton County, Texas and being more particularly described as
follows,
COMMENCING the Southeast corner of said City of Denton tract of land now commonly known as
McKenna Park;
THENCE North with the west right of way Hue of Thomas Road for a distance of 459.78 feet to a
corner;
THENCE But departing said west right of way tine for a distance of 169.72 feet to a metal corner
post for corner for the PLACE OF BEGINNINGI
THENCE North 89 degrees 08 mhmem 33 seconds West for a distance of 98 47 feet to metal corner
post for corner,
THENCE North 00 degrees 51 minutes 27 enough East for a distance of 35 00 feet for
corner,
THENCE South 89 degrees 08 minutes 33 seconds East for a distance of 98a7 feet for corner;
THENCE South 00 degrees 51 minutes 27 seconds West for a distance of 35.00 feet to PLACE OF
BEGINNING and CONTAINING 3446 square feet of land or 0.0791 acre of land-