2011-056oxDnvaNCE No. 2011-056
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USE
PERMIT FOR A NEW SELF-SUPPORTING LATTICE TELECOMMUNICATIONS TOWER
LOCATED WITHIN AN EMPLOYMENT CENTER INDUSTRIAL (EC-I) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION ON 14.9 ACRES OF LAND,
GENERALLY LOCATED EAST OF TEASLEY LANE AND SOUTH OF THE DCTA
RAILROAD RIGHT-OF-WAY, AND MORE COMMONLY KNOWN AS LOT 6A, BLOCK
B, OF THE SHADY OAKS INDUSTRIAL PARK ADDITION; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE. (S 10-0010)
WHEREAS, HAX Technologies, has applied for a Specific Use Permit for the
construction of a 180-feet tall self-supporting lattice telecommunications tower on approximately
14.9 acres of land within an Employment Center Industrial (EC-I) zoning classification and use
designation legally described as Lot 6A, Block B of the Shady Oaks Industrial Park Addition and
incorporated herein by reference (hereinafter, the "Property"); and WHEREAS, on February 23, 2011, 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 Denton Development Code, specifically finding that the requirements of Subsections
35.6.4 and 35.12.8 of the Denton Development Code are satisfied by the proposal when
conditioned by the Site Plan depicted on Exhibit "A", attached hereto and incorporated herein by
reference; 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 the construction of a 180 foot tall self-
supporting lattice telecommunications tower on the Property is hereby approved, subject to the
following condition:
1. The applicant shall maintain the existing landscaping screening between the subject
property and the neighborhood north of Kerley Street.
2. The applicant will evaluate any citizen complaints relative to potential electronic
interference for a period of six months after the tower is fully operational, and if such
evaluation shows that any interference has occurred, the applicant will correct the
problem by filtering out the interference.
3. The applicant will provide vegetative and/or masonry screening of the
telecommunications tower site within 18 months of the effective date of this
Ordinance. In so providing, the applicant shall receive input from citizens and work
cooperatively to address their concerns. Only large trees shall be used in vegetative
screening.
4. The applicant shall not allow any other users on the telecommunications tower.
SECTION 3. The Specific Use Permit Site Plan attached hereto and incorporated herein
by reference as Exhibit "A", is hereby approved, as an additional condition of the permit.
SECTION 4. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court or regulatory agency, 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. 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 J-4 daY of 2011.
. G , A~'OR
dtURS MA A
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
~
BY: ~
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
1
BY: LU c c> s
Page - 2
E-~
M~
~
I~I
5
W
. Z
U~y
~
/
PEN9QV I~'
B~Opc I
T"
mws*acru~
ZONED NR-4
r~ Q~\
R
ONE EC-
/
r r r r r r r r
_ g
h
w
~
m
\
VICINrrY MAP
BENCHMARKINFORMATION /
~o~uuaw,a ~w,co.vwns.ri~o wn.HO,VCm.~nl
I
NORTH TOWER COM?OUND
~wiswu.e, nc
~i~... ~ ~m...
M
N
c~
a