1996-280~ \WPDOCS\ORD\Z-96-046
ORDINANCE NO q fO
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, 1996, the Planning and Zoning
Commission recommended approval of the requested specific use
permit, 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
ln3urlous to the use and enjoyment of other property nor signifi-
cantly 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 w~thout 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 th~s ordinance
by reference
SECTION II That any person vzolatzng any provzszon of thms
ordmnance shall, upon convzctzon, be fzned a sum not exceedzng
$2,000.00 Each day that a provasion of thms ordznance as vzolated
shall constitute a separate and distinct offense
SECTION III That thzs ordmnance shall become effectave
fourteen (14) days from the date of ars passage, and the Czty
Secretary zs hereby darected to cause the captaon of th~s ordznance
to be published twace an the Denton Record Chronicle, the official
newspaper of the C~ty of Denton, Texas, wzthan ten (10) days of the
date of zts passage
PASSED AND APPROVED thzs the /~/% day of~~.4~ , 1996
JAC~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
PAGE 2
EXHIBIT A
Mc~ENNA PARK Legal Dexcrlptlon
The porcel of land situated lu the County of Dentun, State of Te_~_t: commonly known as McKouna
Park, and acquired by tile City of Denton ~m March 3, 19~0 for an Elevated Storage Tank, and
being · port of the Robert Befmmol~t SuFvey and being moco partirnlm'ly d~cribod as follows.
BEGINNING at the Southwest cornc~ of the Robert Be~,,mont Survey et a point 1311.3 vrs East of
the Northwest corner of thc Eugene Puchelskl Sur~ey ht the North boundary line of the same et a
post and pile of rock in tho west border of the Cress-Timbers and at a point known as Medlln's
Point from which a P.O brs North 90 de~ ~ast 5 vrs, another brs North 24 deg East 8 m,
Thence East 302.3 m to a polut for corner, said peint being 20 feet West of the Southwest corner of
it 15 acre tract deeded by IL IL Ewiug and wife M. F.. ]Cwiag to K. L. Wilkins;
Tbouce North and Imraild with mild D. I~ V,'ilklns West bouitdary hue 329.5 vrs M a point for
corner, smd point being 20 Yeet West of the Northwest corner of said Wllklns Tract;
Thence West 302~3 vrs u point for corner;,
Thence Solith 325,5 m oloug file Wm boendary lille of Md Belmmant Suryf~ to pluce of beginning
and co?.q~uing 18 octet of land more or less end being the same tract of land conveyed to J. A.
Pranit and wife Jannle Yreult by IL IL Ewlng and wife M, E. Ewlug by deed dated l~oyembor 27,
A.D. 1909, recorded in Volume 114, Page 215, of the Deed Records oF Denton County, Texas, oud
balt~, the stone tract of land cenvcyed to the the City of Denton, T~% a Mank~pai Corporation by
J. A. Preuit and 3rife Jennie Preult by d~d dated March 3, A.D, 1950, recorded in Volume 3~8,
page 5~9, of the Deed Records of Denton County, TenL
Proposed McKenna Fork C0mmunicJltiofl Facility Subdivision
BEING a 0.07~1 Acre Tract of ~.-~-d simetod in the City of Denton, itud ~ out of the ROBERT
BF.~AUMONT SURVEY, Abstract No. 31, Denton Comfy, Tex~s, and t~J~ part of a called ;i&0
aern tract of land d~acribed to the City of Denton by · warranty deed as recorded lu Volume 3S8~
Page S59 of the Deed Records of Denton Count, Texas ami being more pat~denlarty described as
follows,
COMM~NCLNG the Southeast coener of ~d City of Deitten tract of land ~ow commonly known ~
TI~CE North with the west fl~ht of way Ibm of Thom~ B~itd for st distan~ of 4~.78 fcet to it
ceenert
THENCE l~.ast departing sold west tight of way ~ for a distance of 169.'/2 feet to a metal corner
post for corner for the PLACE OF BEGEqNINGj
THENCE North 89 dagre~ 08 minutes 33 seconds West for a distance of 98 47 fcet to metal corner
post for corner*,
TIaI/NCE North 00 dsgr4~s 51 asluutes 27 flecends East for ~t distance of 3~ 00 feet for
corner;,
TIIENCE South 89 degrees 08 minutes 33 fceands East for a distance of 98.47 feet for cornerl
TnT-NCE South 00 degrees 51 mi~qtos 27 seeands West for m dhtunce of 3S.00 feet to PLACE OF
BEG]~.NING and COPITAINI~IG 3446 squo~ feet of ]~ °r 0'0791 acre of lend'