2013-302sAlegal \our documents \ordinances \13 \sl3 -0002 ordinance.doc
ORDINANCE NO. 2013 -302
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT TO ALLOW A BASIC UTILITY; A DME ELECTRIC SUBSTATION,
ON APPROXIMATELY 5.44 ACRES OF LAND WITHIN A REGIONAL CENTER
COMMERCIAL DOWNTOWN (RCC -D) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION, LOCATED ON THE NORTH SIDE OF POCKRUS PAGE
ROAD, EAST OF I -35, AND DIRECTLY WEST OF THE DCTA RAIL LINE,
WITHIN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR
A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
(S13-0002)
WHEREAS, Teague, Nall and Perkins has applied for a Specific Use Permit to
allow a basic utility; an electric substation on approximately 5.44 acres of land within a
Regional Center Commercial Downtown (RCC -D) zoning classification and use
designation legally described in Exhibit "A ", attached hereto and incorporated herein by
reference (hereinafter, the "Property "); and
WHEREAS, on September 11, 2013, the Planning and Zoning Commission
concluded a public hearing as required by law, and recommended approval of the
requested Specific Use Permit, subject to conditions; and
WHEREAS, on October 15, 2013, the City Council held a public hearing as
required by law and finds that the request is consistent with the Denton Plan and the
Denton Development Code; 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 and found to be true.
SECTION 2. The Specific Use Permit (SUP) to allow a basic utility on the
Property is hereby approved, subject to the following conditions:
1. A perimeter masonry security wall shall be constructed with a minimum height of
ten (10) feet. See Exhibit 7 for the location of the proposed security wall
(highlighted in green) and Exhibit 8 for examples of perimeter walls; and
2. A minimum of 29% tree canopy cover is required.
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 the provisions or applications, and to this end the provisions of this ordinance
are severable.
sAlegal \our documents \ordinances \13 \sl3 -0002 ordinance.doc
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.
PASSED AND APPROVED this the _ day of XL, 2013.
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MARK A. Bt l lZ [ZOU�jl, YS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY
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APPR.� 1'D AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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s: \legal\our documents \ordinances \13 \s13 ®0002 ordinance.doc
Description Exhibit A
Legal
Denton Municipal Electric
Pockrus Substation
Being all that certain lot, tract or parcel of land situated in the Gideon Walker Survey, Abstract Number
1330, City of Denton, Denton County, Texas, and being all those certain tracts of land described in deed
to the City of Denton, recorded in Volume 1814, Page 619 of the Deed Records of Denton County, Texas,
and recorded under Instrument Number 2005 - 126452 and 2000- R0038888 of the Real Property Records
of Denton County, Texas, and being more particularly described as follows:
BEGINNING at a PK Nail set in asphalt at the southwest corner of said City of Denton tract and being in
the occupied Pockrus Page Road, a public roadway;
THENCE North 05 degrees 21 minutes 50 seconds East, passing a A inch iron rod with a cap stamped
"J &B" found at a distance of 213.85 feet and continuing for a total distance of 341.52 feet to a %: inch
iron rod with cap stamped "J &B" found in the southeast line of that certain tract of land described in
deed to Denton Mayhill Road Investors, LP., recorded in Volume 5408, Page 2692 of the Real Property
of Denton County, Texas;
THENCE North 50 degrees 08 minutes 59 seconds East, with the southeast line of said Denton Mayhill
Road Investors tract, a distance of 325.12 feet to a % inch iron rod found in the southwest line of that
certain tract of land described in deed to the City of Denton, recorded under County Clerk's File Number
93- R0058485 of the Real Property Records of Denton County, Texas, said point also being at the
beginning of a non - tangent curve to the left having a radius of 2914.79 feet;
THENCE continuing with said curve an arc length of 380.54 feet, having a delta angle of 07 degrees 28
minutes 49 seconds, whose chord bears South 35 degrees 48 minutes 03 seconds East, a distance of
380.27 feet to a %: inch iron rod found for corner;
THENCE South 39 degrees 38 minutes 48 seconds East, continuing with the northeast line of said City of
Denton tract, a distance of 351.31 feet to a PK Nail set for corner in the occupied Pockrus Page Road;
THENCE North 87 degrees 35 minutes 37 seconds West, continuing with the occupied Pockrus Page
Road, a distance of 728,77 feet to the POINT OF BEGINNING, and containing 5.441 acres of land, more or
less,
s:\Iegal\our doeuments\ordinances\13\s 13-0002 ordinance. doe
Exhibit B
Landscape Plan
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