HomeMy WebLinkAbout2003-009ORDINANCE NO. 0� 61)6� 0DI
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A WIRELESS COMMUNICATIONS TOWER ON APPROXIMATELY 0.44
ACRES OF LAND COMMONLY KNOWN AS 303 EAST MASSEY STREET, WITHIN AN
INDUSTRIAL CENTER EMPLOYMENT (IC-E)) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (Z02-0055)
WHEREAS, David Baker, on behalf of Amanda Walker, has applied for a specific use permit
to allow a wireless communications tower over 85' high on approximately 0.44 acres of land
commonly known as 303 East Massey Street which is more particularly described in Exhibit "A'
attached hereto and made a part hereof by reference (the "Property"), within an Industrial Center
Employment (IC-E) zoning district classification and use designation; and
WHEREAS, on December 4, 2002, the Planning and Zoning Commission recommended
approval of a Specific Use Permit for wireless communications tower over 85' high; and
WHEREAS, the City Council finds that the Specific Use Permit is consistent with the
Denton Plan policies; and
WHEREAS, in accordance with Section 35.6.5 of the Development Code, the City Council
finds that all of the following conditions exist:
That the use is in conformance with all the standards within the zoning district in
which the use is proposed to be located, and in conformance with the Denton Plan
and federal, state, or local law;
That the wireless communications tower site 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;
That the establishment of the wireless communications tower site will not impede
the normal and orderly development and improvement of surrounding property;
That adequate utilities, access roads, drainage, and other necessary supporting
facilities have been or will be provided;
That 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;
That adequate nuisance prevention measures have been or will be taken to prevent or
control offensive odor, fumes, dust, noise, and vibration;
That directional lighting will be provided so as not to disturb or adversely affect
neighboring properties; and
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 1. The findings and recitations in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. A specific use permit is hereby granted to allow wireless communications
tower over 85' in height on the Property within an Industrial Center Employment (IC-E) zoning
district classification and use designation.
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. 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 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, 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
ATTEST:
'EN R WALTERS, CI SECRETARY
� r
BY:
AP OVED AS LEGAL FORM:
HERBERT LePROOTY.,OTY ATTORNEY
M
PAGE 2
TITAN TOWERS LEASE PROPERT d
DESCRIPTION 5625 SQUARE FEET
OCT 1 8 2002
TOWER SITE
PLANNING & DEVELOPMENT
SITUATED in Denton County, Texas, in the William Daniel Survey, Abstract No. 387, being a
part of the 1.763 acre tract described in a deed from Fannie Rachel Walker to Raymond W. Walker and wife,
Amanda Walker, dated February 21, 1978, recorded in Volume 876, Page 477 of the Denton County Deed Records,
being described by metes and bounds as follows:
COMMENCING at an iron pin found at the northwest comer of a 1/4 acre tract described in Volume 585,
Page 627, same being the northeast comer of a 1.089 acre tract described in Volume 976, Page 389; THENCE South
980 45' 49" East, with the north lines of said 1/4 acre tract and 1.763 acre tract, 266.18 feet; THENCE South 10 14'
11" West, 15.00 feet to the PLACE OF BEGINNING, a 1/2-inch iron pin set bears South 1 ° 14' 11" West, 5.00 feet;
THENCE South 880 45' 49" East, parallel with the north line of said 1.763 acre tract, 75.00 feet to a 1/2-
inch iron pin set;
THENCE 1° 14' 11" West, 75.00 feet to a 1/2-inch iron pin set;
THENCE 88° 45' 49" West, parallel with the north line of said 1.763 acre tract, 75.00 feet to an 1/2-inch
iron pin set;
THENCE 10 14' 11" East, passing said 1/2-inch iron pin set at 70.00 feet and continuing in all 75.00 feet to
the PLACE OF BEGINNING and containing 5625 SQUARE FEET OF LAND.
DESCRIPTION 0.31 ACRE
15 FOOT ACCESS & UTILITY EASEMENT
SITUATED in Denton County, Texas in the William Daniel Survey, Abstract No. 387, being a 15
foot wide access and utility easement over and across the 0.157 acre tract described in a deed from Fannie Rachel
Walker to Raymond W. Walker and wife, Amanda Walker, dated February 21, 1978, recorded in Volume 876, Page
477, the 1/4 acre tract described in a deed from Fannie Rachel Walker to Raymond W. Walker and wife, Amanda
Walker, dated June 3, 1969, recorded in Volume 585, Page 627, and a part of the 1.763 acre tract described in said
Volume 876, Page 477, all deeds of the Denton County Deed Records, being described by metes and bounds as
follows:
BEGINNING at the southeast comer of said 0.157 acre tract, in the east right-of-way line of U.S. Highway
No. 377 (variable width); an iron pin found bears North 88' 47' 04" West, 0.61 feet;
THENCE 40 38' 10" East, with the west line of said 0.157 acre tract and the east right-of-way line of said
U. S. Highway No. 377, 15.03 feet to the northeast comer of said 0.157 acre tract;
THENCE South 880 47' 04" East, with the north line of said 0.157 acre tract, passing an iron pin found at
the southeast comer of a 0.8930 acre tract recorded in Volume 1202, Page 181 at 207.7 feet, passing the northeast
corner of said 0.157 acre tract at 453.0 feet, and continuing in all 777.02 feet;
THENCE North 1° 14' 11" East, 103.69 feet to a point on the south line of the above -described 5625
square feet tower site;
T1iENCE South 880 45' 49" East, 15.00 feet to a 1/2-inch iron pin set at the southeast comer of said tower
site;
THENCE North 10 14' 11" West, 118.69 feet to a point in the south line of said 1.763 acre tract;
THENCE South 880 47' 04" West, with the south lines of said 1.763 acre tract, 1/4 acre tract and 0.157
acre tract, passing an iron pin found by corner post at the southwest corner of said 1/4 acre tract at 338.86 feet and
continuing in all 792.91 feet to the PLACE OF BEGINNING and containing 0.31 ACRE OF LAND.
DIRECTIONAL CONTROL LINE: Centerline of U. S. Highway No. 377, according to the map thereof in the
Highway Department office in Denton, Texas.
CONTROLLING MONUMENTS: Concrete marker found on east ROW. line, 60 feet left of centerline station
120+88.9, and concrete marker found on east ROW. line, 90 feet left of centerline station 104+80.6.
According to Flood Insurance Rate Map No. 48121C0370E, dated April 2, 1997, the land platted hereon does not lie
within the limits of the 100-year flood plain.
The above -described tracts of land were surveyed on the ground under my supervision on October 12, 2002,
PROPERTY PARENT TRACTS
TRACT 4:
All that certain lot, tract or parcel of land, lying and being situated in the County of Denton, State of Texas and
being in the William Daniel Survey, Abstract 378, City and County of Denton, Texas, being all of TRACT ONE and
part of TRACT TWO described in a Deed from C.D. Smith et ux to Glen E. Walker et ux, on August 6, 1952, and
recorded in Volume 382, Page 59, Deed Records of said County, and being more particularly described as follows:
BEGINNING at an iron pipe at the Northeast comer of said tract on the North line of said survey;
THENCE S. 30 55' 10" W. 209.0 feet to a steel pin at the Southeast comer of said tract;
THENCE N. 860 13' W. with a fence on the South line of said tract 365.75 feet to a steel pin;
THENCE N. 30 00' 10" E. 209.02 feet to a steel pin in a fence on the North line of said tract and the North line of
said Daniel Survey;
THENCE S. 86' 13' E. with said Survey line along and near said fence 369.09 feet to the PLACE OF BEGINNING
and CONTAINING in all 1.763 acres of land
TRACT 8:
All that certain lot, tract or parcel of land, lying and being situated in the County of Denton, State of Texas and
being in the William Daniel Survey, Abstract 378, Denton County, Texas, being part of a SECOND TRACT
described in a Deed from C.D. Smith et ux to Glen E. Walker et ux, on August 6, 1952 and recorded in Volume 382,
Page 59. Deed Records of said County, and being more particularly described as follows:
BEGINNING at a steel pin on the East right-of-way of U.S. Highway 377 at the Southwest corner of said SECOND
TRACT deeded to Glen Walker;
THENCE N 80 24' 08" E. with the East right-of-way of said Highway 15.05 feet to a steel pin;
THENCE S. 860 13' E. 453.99 feet to a steel pin at a fence comer,
THENCE S. 30 00' 10" W. 15.0 feet to a steel pin at a post in a fence on the South Boundary Line of said Walker
tract;
THENCE N 860 13' W. with the South Boundary Line of said Wllker tract 455.40 feet to PLACE OF
BEGINNING, CONTAINING in all 0.157 acre of land
TRACTS:
All that certain lot, tract or parcel of land, lying and being situated in the William Daniel Survey, Abstract 378, City
and County of Denton, Texas, being part of a SECOND TRACT described in a deed form C.D. Smith et ux to Glen
E. Walker et ux, on August 6, 1952 and recorded in Volume 382, Page 59, Deed Records of said County, and being
more particularly described as follows:
BEGINNING at a steel pin at a fence corner post on the North Boundary Line of said Survey at the North Northwest
of said SECOND TRACT;
THENCE S. 86° 13' E. along and near a fence on the North Boundary Line of said Survey 52.25 feet to a steel pin;
THENCE S. 30 00' 10" W. 209.02 feet to a steel pin in a fence on the South Boundary Line of said SECOND
TRACT;
THENCE N. 86' 13' W. with a fence on the South Boundary Line of said tract 52.25 feet to a steel pin at a post;
THENCE N. 3° 00' 10" E. passing at 15.0 feet a steel pin at a fence comer post and continuing in all 209.02 feet to
the PLACE OF BEGINNING CONTAINING in all 0.251 acre of land
2
PROPERTY PARENT TRACTS
(Continued)
TRACT 6:
All that certain lot, tract or parcel of land, lying and being situated in the County of Denton, State of Texas and
being situated in the William Daniel Survey, Abstract 378, Denton County, Texas, being the residue of a certain
(called) 5.8 acre tract described in a Deed from Emmett B. Wynn et ux, to Tom Tyler on October 11, 1941, recorded
in Volume 294, Page 270, Deed Records of said County, and being more particularly described as follows:
BEGINNING at a steel pin on the North line of said survey and of said 5.8 acre tract, near a fence at a point S. 86°
13' E. 200.0 feet from its Northwest comer,
THENCE S. 860 13' E. with said survey line and North line of said tract, slog and near said fence 243.30 feet to a
fence corner;
THENCE S. 30 00' 10" W. with said fence 194.02 feet to a steel in on the North line of a 15 foot wide lane near a
fence comer;
THENCE N. 860 13' W. with the North line of said lane near said fence part of the way, a distance of 245.95 feet to
a steel pin;
THENCE N 30 47' E. 194.0 feet to the PLACE OF BEGINNING and CONTAINING in all 1.089 acres of land