1998-128Z98 015
O ANCE
AN OKDINANCE 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 Apnl 8, 1998, the Plamung and Zomng Comm,ssmn recommended
approval of the requested amendment to spec,tic use perm,t #211, and
WHEREAS, m accordance w~th Amcle III, Dw,saon 4 of Chapter 35 of the Code of
Ordinances of the C,ty of Denton, Texas, the C,ty Council finds that all of the following conchtmns
ox, st
1 That the spec, fie use will be compaUble wath and not ,njunous to the use and
enjoyment of other property nor s,gmfieantly d,m~rnsh or lmpmr property values w,than the
numedlate v,cnuty,
2 That the estabhshment of the specific use will not ~mpede the normal and orderly
development and nnprovement of surrounding vacant property,
3 That adequate uUht~es, access roads, drmnage and other necessary supportang
faclhtlcs have been or will be proxaded
4 The demgn, locaUon and arrangement of all driveways and parkang spaces provides
for the safe and convement movement of vebacular and pedesman traffic w,thout adversely
affecUng the general pubhc or adjacent developments,
5 That adequate ntusance prevention measures have been or will betaken to prevent or
control offensive odor, fumes, dust, noise and v,brat~on,
6 That dtrecUonal hghtmg will be prov,ded so as not to d, sturb or adversely affect
ne,ghbonng properUes, and
7 That there ,s suffic,ent landscaping and sereemng to ensure harmony and
compatlblhty w,th adjacent property, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the spec, tic use perm,t to operate a commumcaUon tower w,th accessory
buildings ,s hereby granted to the C,ty of Denton, Texas for a 0 867 acre tract, being part of an 18
acre trac~, desenbed m Exlub,t A, attached hereto and incorporated into this ordinance by reference
and that the following eond,tmns to the Spec,al Use Penmt wall apply
A That the prows~ons of the new landscape ordinance (Ordinance 98-100) shall apply
to the Special Use Permit
SECTION II That any person violating any provasion of flus ordinance shall, upon
conwct~on, be fined a sum not exceedang $2,000 00 Each day that a provision of thas orchnance is
violated shall constitute a separate and distinct offense
SECTION III That flus ordinance shall become effective fourteen (14) days from the date
of its passage, and the City Secretary is hereby d~rected to cause the caption of th~s ordinance to be
pubhshed twice m the Denton Record Chromcle, the official newspaper of the C~ty of Denton,
Texas, within ten (10) days of the date of its passage
~'^SSED ~ AP~'ROVED flus the/~Z'day of /'~.Z~// ,1998
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Documents\Ordlnances~98~Z-98 015 doc
EXHIBIT A
LEGAL DESCRIPTION
McKENNA PARK COMMUNICATION FACILITY
BEING A 00791 ACRE TRACT OF LAND SITUATED IN THE CITY OF DENTON, AND
BEING OUT OF THE ROBERT BEAUMONT SURVEY~ ABSTRACT NUMBER 3i, DENTON
COUNTY, TEXAS, AND BEING PART OF A CALLED 180 ACRE TRACT OF LAND
DESCRIBED TO THE CITY OF DENTON BY A V/ARRANTY DEED AS RECORDED tN
VOLUME 358, PAGE 559 OF DEED RECORDS OF DENTON COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLL[]V/S~
COMMENCING AT AN ANGLE IRON FOUND ON THE V/EST RIGHT-OF-WAY OF
THOMAS AT THE SOUTHEAST CORNER LOT 2 BLOCK G OF PARK VEIV/ RECORDED
IN VOL 387 PAGE 292, DEED RECORDS, DENTON CBUNTT, TEXAS, AND ALSO
BEING THE MOST NORTHEASTERN CORNER OF SAID McKENNA PARK,
THENCE SOUTH V/ITH THE ~/EST RIGHT-OF-V/AY BF THOMAS ROAD,
A DISTANCE OF 34316 FEET Tn A POINT FOR A CORNER,
THENCE SOUTH 89 DEGREES 54 NINUTES 57 SECONDS WEST DEPARTING THE
~/EST RIGHT-OF-V/AY LINE OF THOMAS RBAD,A DISTANCE OF i5i59 FEET TO A
METAL CORNER FOR A PLACE OF BEGINNING)
THENCE SOUTH 04 DEGREES 41 MINUTES 52 SECONDS EAST, V/ITH A DISTANCE
OF 20186 FEET TO A 1/2 INCH IRON PIN SET FOR A SOUTHV/EST CORNER,
THENCE SOUTH 88 DEGREES 51 MINUTES 56 SECONDS V/EST, A DISTANCE OF
18571 FEET TO A 1/2 INCH IRBN PIN SET FOR A NDRTHV/EST CORNER,
THENCE NORTH 04 DEGREES 50 MINUTES 54 SECONDS V/EST, A DISTANCE OF
20532 FEET TD A 1/2 INCH IRON PIN SET FOR A NORTHEAST CORNER,
THENCE NORTH 89 DEGREES 54 MINUTES 57 SECONDS WEST~ A DISTANCE OF
18650 FEET TO THE PLACE OF BEGINNING AND CONTAINING 1261995 SQUARE
FEET nF LAND OR 0867 ACRES OF LAND
AREA=37788,979 SQ FT