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HomeMy WebLinkAbout2001-387ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT'FOR A TELECOMMUNICATIONS TOWER ON 0 34 ACRES OF LAND LOCATED AT 1217 WEST OAK, WITHIN A GENERAL RETAIL (GR) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (ZO1-0015) WHEREAS, Hart Mason, on behalf of Curtis Loveless, has applied for a specific use permit for a telecommunications tower on 0 34 acres of land located at 1217 West Oak, within a General Retail (GR) zoning district classification and use designation, and WHEREAS, on September 12, 2001, the Planning and Zoning Commission recommended approval of a Specific Use Permit for a telecommunications tower, and WHEREAS, the City Council finds that the Specific Use Permit is consistent with the Denton Plan, 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 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, The establishment of the specific use, a telecommunications tower, will not impede the normal and orderly development and improvement of surrounding property, Adequate utilities, access roads, drainage, and other necessary supporting facilities have been or will be provided, 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, Adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, Directional lighting will be provided so as not to disturb or adversely affect neighboring properties, and There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property, NOW, THEREFORE, PAGE 1 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 A specific use permit to allow a telecommunications tower on a 0 34 acres of land described in the legal description attached hereto and incorporated herein as Exhibit "A" and located at 1217 West Oak, within a General Retail (GR) zoning district classification and use designation, and the site plan attached hereto and incorporated herein as Exhibit `B," are hereby approved subject to the following conditions The trash dumpster shall be relocated out of the access and fire lane easement SECTION 2 The City's official zoning map is amended to show the change in zoning district classification 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 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 tlus the- day of October, 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY, CL , /, A APPROVED AS TO LEGAL FORM HERBERT L PR TY, Y ATTORNEY BY PAGE 2 EXHIBIT A COUNTY OF DENTON SPRINT SPECTRUM, L.P. STATE OF TEXAS UNIVERSITY NORTH TEXAS -TX TOWER SITE 0.32-ACRE PARENT TRACT Description for a tract of land situated in the E Puchalski Survey, Abstract No 996, Denton County, Texas, being the 4ih tract in the deed to The Loveless Family Limited Partnership, Ltd. recorded in File No. 97-110004934, Deed Records, Denton County, Texas, being more particularly described by metes and bounds as follows Beginning at a 5/8" rebar rod found (control monument) in the south line of West Oak Street for the northeast corner of said 4d' tract and the northwest corner of the 5'h tract in the deed to said Loveless Family Limited Partnership, Ltd., which lies east, 67.48 feet from an "x" found (control monument) in the south line of West Oak Street for the northeast corner of said 5ih tract and the northwest corner of tract I in the I Boyd Ridgeway Addition; Thence S.00°00'18"E.,160.00 feet along the common line between said 4'h and 5ih tracts to a 1/2" capped 1983 rebar rod set for the southeast corner of said 4`h tract and the southwest corner of said 5ih tract and in the north line of the 1" tract to The Loveless Family Limited Partnership, Ltd. recorded in File No. 97-110004934, Deed Records, Denton County, Texas; Thence S.89059'42"W., along the common line between said 4ih tract and said 1" tract at 5.38 feet passing the northwest corner of said 1'i tract and the northeast corner of the 3`d tract to The Loveless Family Limited Partnership, Ltd. recorded in File No. 97-R0004934, Deed Records Denton County, Texas, continuing along the common tine between said 4th tract and said 3N tract to a 1/2" capped 1983 rebar rod set for the souther est corner of said 4ih tract same being the southeast corner of the 6ih tract to The Loveless Family Limited Partnership, Ltd. recorded in File No. 97-R0004934, Deed Records, Denton County, Texas, in the north line of said 3`d tract; Thence N.00000'18"W.,160.0 feet along the common line between said 4`h tract and said 6ih tract to a 1/2" capped 1983 rebar rod set in the south line of said West Oak Street for the northwest corner of said 4ih tract and the northeast corner of said 6'h tract; Thence N.89059142"E., 86.0 feet along the south line of said West Oak Street and the north line of said 4ih tract to the point of beginning and containing 13,760 square feet of land or 0.32-acres, more or less. DATE Conner Stevens R.P.L.S. # 1983 State of Texas COUNTY OF DENTON STATE OF TEXAS SPRINT SPECTRUM, L.P. UNIVERSITY NORTH TEXAS -TX TOWER SITE 0.01-ACRE TOWER SITE LEASE Description for a proposed tower lease site situated in the E Puchalski Survey, Abstract No 996, Denton County, Texas, being a portion of the 0 Tract of land described in the deed to Loveless Family Limited Partnership, LTD., recorded in File No. 97-110004934, Denton County, Texas, being further described by metes and bounds as follows: Commencing at a 5/8" rebar rod found control monument) in the south line of West Oak Street for the northeast corner of said 41Tract and the northwest corner of the 5th Tract of land described in the deed to Loveless Family Limited Partnership, LTD., recorded in File No. 97-110004934, Denton County, Texas, which hes West, (base bearing per deed recorded in File No. 97-110004934, Denton County, Texas), along said south line of West Oak Street, 67.48 feet (deed=67.501) from an X found in concrete (control monument) being the northeast corner of said 5th Tract and the northwest corner of Tract 1 of the I. Boyd Ridgeway Addition; Thence 5.00000118"E., 94.31 feet along the common line between said 4th and 5th Tract to a 1/2" capped 1983 rebar rod set for the Point of Beginning of this described lease site; Thence 5.00100'18"E., 20.0 feet along said common line between said 4th and 5'h Tracts to a 1/2" capped 1983 rebar rod set for the southeast corner of this described lease site; Thence N.89°49101"W., 30.0 feet to a 1/2" capped 1983 rebar rod set for the southwest corner of this described lease site; Thence N.00000'18"W., 20.0 feet to a 1/2" capped 1983 rebar rod set for the northwest corner of this described lease site; Thence 5.890491O111E., 30.0 feet to the point of beginning and containing 600 square feet of land more or less. DATE Conner Stevens R.P.L.S. # 1983 State of Texas COUNTY OF DENTON STATE OF TEXAS SPRINT SPECTRUM, L.P. UNIVERSITY NORTH TEXAS -TX TOWER SITE 0.02-ACRE ACCESS & UTILITY EASEMENT AND FIRE LANE Description for a proposed access and utility easement and fire lane situated in the E. Puchalgki Survey, Abstract No. 996, Denton County, Texas, being a portion of the 4'h Tract of land described in the deed to Loveless Family Limited Partnership, LTD., recorded in File No 97-R0004934, Denton County, Texas, being further described by metes and bounds as follows: Beginning at a 5/8" rebar rod found (control monument) in the south line of West Oak Street for the northeast corner of said 4'h Tract and the northwest corner of the 5th Tract of land described in the deed to Loveless Family Limited Partnership, LTD, recorded in File No. 97- R0004934, Denton County, Texas, which lies West, (base bearing per deed recorded in File No. 97-110004934, Denton County, Texas), along said south line of West Oak Street, 67.48 feet (deed=67.50') from an X found in concrete (control monument) for the northeast corner of said S'h Tract and the northwest corner of Tract 1 of the I Boyd Ridgeway Addition; Thence, S.89059142"W.,10.0 feet along said south line of West Oak Street to the Point of Beginning of this described easement; Thence S 00000' 1811E , 94 28 feet; Thence N.89°49101"W.0 20.0 feet; Thence N 00°00'18"W.9 94.21 feet; Thence N.89059'42"E., 20.0 feet to the point of beginning and containing 1,885 square feet of land more or less. 9-aA ov DATE o/ Conner Stevens R.P.L.S.# 1983 State of Texas COUNTY OF DENTON STATE OF TEXAS SPRINT SPECTRUM, L.P. UNIVERSITY NORTH TEXAS -TX TOWER SITE 0.03-ACRE UTILITY EASEMENT I Description for a proposed ten -foot utility easement (utility easement 1) situated in the E Puchalski Survey, Abstract No. 996, Denton County, Texas, being a portion of the 4th Tract of land described in the deed to Loveless Family Limited Partnership, LTD., recorded in File No. 97-110004934, Denton County, Texas, being further described by metes and bounds as follows: Beginning at a 5/8" rebar rod found (control monument) in the south line of West Oak Street for the northeast corner of said 4th Tract and the northwest comer of the 5`h Tract of land described in the deed to Loveless Family Limited Partnership, LTD , recorded in File No. 97- R0004934, Denton County, Texas, which lies West, (base bearing per deed recorded in File No. 97,R0004934, Denton County, Texas), along said south line of West Oak Street, 67.48 feet (deed=67.501) from an X found in concrete (control monument) for the northeast corner of said Sth Tract and the northwest corner of Tract 1 of the I Boyd Ridgeway Addition; Thence S.00°00118"E.,114.31 feet along the common line between said 4`h and 5`h Tracts; Thence N.89°49'01"W.,10.0 feet; Thence N.00000'18"W114.28 feet to a point in the south line of said West Oak Street and in the north line of said 4Z Tract; Thence East,10.0 feet along the south line of said West Oak Street and the north line of said 4`h Tract to the point of beginning and containing 1,143 square feet of land or 0 03 acres, more or less. p i8 -oi DATE Conner Stevens R.P.L.S.# 1983 State of Texas COUNTY OF DENTON STATE OF TEXAS SPRINT SPECTRUM, L.P. UNIVERSITY NORTH TEXAS -TX TOWER SITE 0.01-ACRE UTILITY EASEMENT II Description for a proposed ten -foot utility easement (utility easement II) situated in the E Puch'alski Survey, Abstract No. 996, Denton County, Texas, being a portion of the 4`h Tract of land described in the deed to Loveless Family Limited Partnership, LTD., recorded in File No. 97-R0004934, Denton County, Texas, being further described by metes and bounds as follows: Beginning at a 5/8" rebar rod found (control monument) in the south line of West Oak Street for the northeast corner of said 4th Tract and the northwest corner of the 5`h Tract of land described in the deed to Loveless Family Limited Partnership, LTD., recorded in File No. 97- R0004934, Denton County, Texas, which lies West, (base bearing per deed recorded in File No. 97-R0004934, Denton County, Texas), along said south line of West Oak Street, 67 48 feet (deed=67.501) from an X found in concrete (control monument) for the northeast corner of said 5th Tract and the northwest corner of Tract 1 of the I Boyd Ridgeway Addition; Thence East, along said south line of West Oak Street 67.48 feet to an X found in concrete for the northeast corner of said 5th Tract and the northwest corner of Tract 1 of the I. Boyd Ridgeway Addition; Thence S.00000'46"E , along the common line between said 5th Tract and said Tract 110 0 feet; Thence West, 67.48 feet to the common line between said 4th and 5th Tracts, Thence N.00000'18"W.,10.0 feet along the common line between said 4th and 5th Tracts to the point of beginning and containing 675 square feet of land or 0.02 acres, more or less. q xe-©i DATE Conner Stevens R.P L S # 1983 State of Texas EXHIBIT B� tL t1tA a11 } W 11 11 11 i F - ® fill 1 milli rn N , It 11 1111111 g, N� 0�� gg� g'° �� e $ $ Z o uj a O ° � S ,�Fe lRR fill 9sr z x leRi $lRgl a +I g'ilsl it Iil 1 1 I11 lili` i i i lIl li' j ! ll,ll, s s , II jlt,l I ? ilj; Bill i �j; jiii) 1 ! 'I ,'� ii!' E j l l i Il' Illli • ' III Iijli 1 ' i Ili Iilli I ItIjjf� Illil , 1 + , I ill Illh l + 11!•1 I I , j: IIl�,1.11 � , , 1 ,' ,+.Illl' ' 1 ! l +l ::1,, 1 � �l +Ili II ! Ilt+• Ij, 1 1 +! ' l ii rl 'ill ►,l '�11 ! 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