2010-242sAlegahour documentslordinancesU ft 10-0002.doc
ORDINANCE NO. 20 1 0-242
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USE
PERMIT FOR CHANGES TO AN ALTERNATIVE MOUNTING STRUCTURE
TELECOMMUNICATIONS TOWER ON APPROXIMATELY 7.908 ACRES OF LAND
WITHIN A NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION, GENERALLY LOCATED AT THE
SOUTHWEST CORNER OF LATTIMORE STREET AND AUDRA LANE WITHIN THE
JONATHAN BROCK SURVEY, WITHIN THE CITY OF DENTON, DENTON COUNTY,
TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (S 10-0002)
WHEREAS, Metro PCS, has applied for a Specific Use Permit to allow changes to an
alternative mounting structure telecommunications tower on approximately 7.908 acres of land
within a Neighborhood Residential 4 (NR-4) zoning classification and use designation legally
described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter, the
"Property"); and
WHEREAS, on August 25, 2010, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommended approval of the requested Specific Use
Permit; and
WHEREAS, the City Council finds that the request is consistent with the Denton Plan
and the Development Code, specifically finding that the requirements of §§35.12.8 and 35.6.4
are satisfied by the proposal when conditioned by the Site Plan, attached as Exhibit "B"; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true.
SECTION 2. A Specific Use Permit to allow an alternative mounting structure
telecommunications tower on the Property is hereby approved, subject to the following
conditions:
1. This Specific Use Permit shall only be for the proposed 85 foot tall alternative
mounting structure for a telecommunications tower as shown and described in Exhibit 4:
Site Plan, Tower Elevation and Equipment Storage.
2. The proposed expansion for ground level equipment storage of 218 sq. ft. and removal
of two parking spaces shall result in the construction of two additional parking spaces to
the northeast of the church facility as shown and described in Exhibit 4: Site Plan, Tower
Elevation and Equipment Storage.
SECTION 3. The Specific Use Permit Sit Plan attached hereto and incorporated herein as
Exhibit "B", is hereby approved, as an additional condition of the permit.
sAlegallour documentslordinances1101s10-0002.doe
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 provision of this ordinance are severable.
SECTION 5. 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 6. 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 eV day of , 2010.
MARK A. OUGH, AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
ANITA BURGESS, CITY ATTORNEY
sAlegal\our documents\ordinances110\s10-0002.doe
LEGAL DESCRIPTION
EXHIBIT A
BEING a 7.908 acre tract, and being all that certain lot, tract or parcel of land
situated in the Jonathan Brock Survey, City of Denton, Denton County, Texas, and
being all of a called 7.64 acre tract described in a deed from Ali Hassan Al-Khafaji
to Terry D. Johnson, L. G. Sanders, A. 0. Burchett, Ben Lynch and Donald Elkins,
Trustees of Faith Tabernacle Assembly of God Church as recorded in Volume 639,
Page 714, Denton County Deed Records, and all of a called 0.4666 acre tract
described in a Quitclaim Deed-Bid #2218 from City of Denton to Faith Tabernacle
Assembly of God Church, and being more particularly described cis follows:
BEGINNING from a 1/2 inch iron rod found at the southwest corner of said 7.64 acre
tract, for a corner;
THENCE N 00'00'00" E along the westernmost west line of said 7.64 acre tract,
continuing along the west line of said 0.4666 acre tract a total distance of 499.30
feet to a 1/2 inch iron rod found at the northwest carrier of said 0.4666 acre tract,
on the. south line of Lattimore Street, for a corner;
THENCE S 90'00'00" E along the north line of said 0.4666 acre tract and the south
line of said Lattimore Street a distance of 145.20 feet to a 112 inch iron rod found
at the northeast corner of said 0.4666 acre tract, on the easternmost west line of
said 7.64 acre tract, for a corner;
THENCE N 00°00'00" E along the easternmost west line of said 7.64 acre tract a
distance of 10.00 feet to a 1/2 inch iron rod found at the northerly most northwest
corner of said 7.64 acre tract, on the south line of said Lattimore Street, for a
corn er;
THENCE S 90`00'00" E along the northernmost north line of said 7.64- acre tract and
the south fine of said Lattimore Street a distance of 645.20 feet to a point at the
northeast corner of said 7.64 acre tract, and at the intersection of the south line of
said Lattimore Street and the west line of Audra Lane, for a corner;
THENCE S 23°35'23" W along the east line of said 7.64 acre tract and the west line
of said Audro Lane a distance of 555.74 feet to a 1/2 inch iron rod found at the
southeast corner of said 7.64 acre tract, for a corner;
THENCE N 90°00'00" W along the south line of said 7.64 acre tract a distance of
568.00 feet to the POINT OF BEGINNING and containing 7.908 acres of land, olso
being known as 1101 Audra Lane, Denton, Texas 76202.
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