2012-134s:llegallour documents\ordinances\121s11-OOOS.doc
ORDINANCE NO. 2012-134
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USE
PERMIT FOR TWO W1ND ENERGY CONVERSION SYSTEMS (WECS). THE
APPROXIMATELY 70.6 ACRE SUBJECT PROPERTY, COMMONLY KNOWN AS LOT 3
OF THE SORRELLS-MCBRIDE ACRES ADDITION IS LOCATED SOUTH OF
ROSELAWN DRIVE AND WEST OF THE T&P RAILROAD RIGHT-OF-WAY; LOCATED
WITHIN A NEIGHBORHOOD RESIDENTIAL 2(NR-2) ZONING DISTRICT; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (511-0005)
WHEREAS, Randy Sorrells, has applied for a Specific Use Permit for the installation of
two Wind Energy Conversion Systems (WECS). The approximately 70.6 acre subject property,
commonly known as Lot 3 of the Sorrells-McBride Acres Addition is located south of Roselawn
Drive and west of the T&P Railroad right-of-way and incorporated herein by reference
(hereinafter, the "Property"); and
WHEREAS, on May 9, 2012, 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 of the Denton Development Code are satisfied by the proposal; 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 installation of two Wind Energy
Conversion Systems (WECS) on the Property is hereby approved, subject to the following
condition:
The sound pressure levels shall not exceed fifty decibels (50 dBA), nor shall they
exceed a seventy-two (72) hour ambient noise level measured from the property
line closest to the WECS.
SECTION 3. 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 provisions of this ordinance are severable.
SECTION 4. 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 5. 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.
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PASSED AND APPROVED this the �— day of , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY: ��v�.
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