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2013-328FILE REFERENCE FORM 2013-328 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Re ealed b Ordinance No. 2015-167 06/02/15 JR s:Uegal\our documents\ordinances\13\s13-OOOS.doc ORDINANCE NO. 2013-328 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO ALLOW A BASIC UTILITY; A DME ELECTRIC SUBSTATION, ON APPROXIMATELY 6.21 ACRES OF LAND WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) AND NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, LOCATED ON THE SOUTH SIDE OF EAST MCKINNEY STREET, APPROXIMATELY 1,300 FEET EAST OF MACK DRIVE AND 450 FEET WEST OF SPRINGTREE STREET, 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. (S 13-0005) WHEREAS, Teague, Nall and Perkins has applied for a Specific Use Permit to allow a basic utility; an electric substation on approximately 6.21 acres of land within a Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU-12) zoning classification and use designation legally described in Exhibit `�; attached hereto and incorporated herein by reference (hereinafter, the`�ropert}��; and WHEREAS, on October 23, 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, the City Council 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 ORDAlNS: 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: 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 and Exhibit 8 for examples of perimeter walls. 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. s:Vegal\our documents\ordinances\13\s13-OOOS.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. SECTIONwwS. 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 , 2013. �,. � � �� .^.� �.FY ✓ � � � r�f MARK A. BURROU�a� �S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY ��,,M.��r '��V ��. .. �� .�........ � ��, , �� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � ,� ,� �' � � � , � . �� ...., � , BY. .__-___.� .�.. . � .�".� � ��" �° � .�,�°'.�' �. ........ s:\legal\our documents\ordinances\13\s13-OOOS.doc Exhibit A Legal Description OWNERS CERTIFICATE STATE OF TEXAS g COUNTY OF DENTON ¢ WHEREAS, THE CITY OF DENTON, TEXAS Is the owner of thet certaln 6.225 acre tract of lend situated in the M.E,P. 8 P. R.R. Co. Survey, Abstrect No. 1475, Clty of Denton, Denton County, Texas, and being known as all of a called 0.286 acre trect of lend described in a Deed to the Clty of Denton, Texas, as recorded in Document Number 2012-83353 of the Real Property Records of Denton County, Texas, all of a called 3.480 acre tract of land described In e Deed to the Clty of Denton, Texes, es recorded in Document Number 2013-228 of the Real Property Records of Denton County, Texes, and ell of Lot 2, Block A of Vela-Codina Addition, according to the Plat thereof recorded in Document Number 2013-112 of the Plet Records of Denton County, Texas, and being more perticularly described ae folbws: BEOINNINO et a 3-1/2 inch TxDOT Aluminum Disc for corner in the Southerly right-of-way line of F.M. Hlgh�nay No. 428 (also known as McKinney Street), from which a 1/2 inch iron rod with cep stemped "Arthur Surveying Company" found for the Northeast camer of said 0.288 ecre tract bears North 01 °03'S7° West a distance of 4.58 feet, said polnt also being in the West Ifne of a called 11.4111 ecre tred of land described in a Deed to the BL Denton Land 1, LLC, as recorded in Document Number 2013-28287 of the Real Property Racords of Denton County, Texas; THENCE South 01 °15'33" West deperting the Southerly lirre of seid F.M. Hiphway No. 428, and along tha East line of said 0.288 acre tract and the West Ilne of said 11.4111 acre tract, passing a 1/2 inch iron rod with cap stamped "Arthur Surveying Compeny' found for the Southeast corner of seid 0.288 ecre tract and the most Eesterly Northeast corner of the above cited 3.480 acre tred at a dibtance of 148.38 feet, and continuing along the East line of said 3.480 trect and the West Ilne of sald 11.4111 acre Vact, for a total distance of 877.07 feet to a 1/2 Inch Iron rod found for the Southeast corner of said 3.490 acre trect, seid point also being the Northeast comer of a called 318.937 acre tract of land described In a Deed to StaB Realry, Inc., as recorded in Document Number 94-6845 of the Real Property Records of Denton County, Texes, from which the Southwest comer of seid 11.4111 acre tred of land bears South 01 °28'37' West a distance of 81.54 feet; THENCE South 89°2T33" West departing the West Ilna of said 11.4111 acre hact, and along the South line of said 3,480 acre Vact and the North line of said 318.937 acre trad, for a distance of 218.48 feet to a 5/8 inch rod with plastic cap stamped 'TNP" set for corner et the South�nest corner of said 3.480 acre trect and the Southeast corner of Lot 2, Block A, of said Vela-Codina Addition; THENCE South B9°26'01" West elonp the South line of said Lot 2 and the North Ilne of sald 31 B.B37 acre tract, for a distence of 198.92 feet io a 5/8 Inch rod with plastic cap stamped "TNP" set for comer at the Southwest comer of said Lot 2 end the Southeast corner of Lot 1, Block A, of said Vela-Codine Addi�on, from which the Southwest comer of seid Lot 1 bears South 89°28'01" Weat e distance of 675.67 feet; THENCE North 00°35'S5" West deperting the North Ifne of said 316.937 ecre hact, and along the common Ilne between said Lots 1 and 2, for a dlstance of 818.72 feet to a 5/8 inch iron rod wlth plastic cap stamped 'TNP" set for corner In the South Ilne of sald F.M. Hlghway No. 428, from wfiich e 3/4 inch iron rod found for reference beara North 72°1 T59" West a distance of 236.87 feeX THENCE South 72°1T59" Eeat along the South line of said F. M. Highway No. 428, for a distence of 52.78 feet to a polntfor comer, from which a 3-1/2 Inch TxDOT Aluminum Disc found beare North 17°45'02" West a distance of 0.95 feet end e 5l8 Inch iron rod found for the Northweat comer of e called 1.121 ecre tract of land described in e Deed to Brian Carter and Brenda Cartar, as recorded in Document Number 2010-121541 of the Real Property Records of Denton County, Texas, bears North 01 °45'11" West a dlstence of 5.82 feet; THENCE South 00°32'45" East departing the South line of said F.M. Highway No. 426, and along the East line of seld Lot 2 and the West Ilne of aaid 1.121 acre hact, for a dlstance of 346.27 feet to a 1 Inch rod found for the Southwest corner of said 7.121 acre tract; THENCE North 99°03'07' East along the South Ilne of sald 1.121 acre tract end the most Eesterly North Ilne of said LM 2, for a dlstance of 149.59 feet to a 5/8 inch rod found for the Southeast corner of said 1.121 acre tract, sald point also being the most Eesterly Northeaet comer of seid Lot 2; THENCE North 00°ZO'23" West along the East Ilne of said 1.121 acre trad, for a distance of 298.92 feet to point for corner in the South line of said F.M. Highway No. 428, from wfiich a 31/2 inch TxDOT Aluminum Disc found bears North 38°32'38" West a distance of 0.47 feet and a 3/8 inch Iron rod found for the Northeast corner of seid 1.121 acre tract beare North 01 °14'54" West a distence of 4.73 feet; THENCE South 72°2T58" Eert along the South Ilne of said F.M. Highway No. 428, for a distance of 248.49 feet �o the POINT OF BEOINNINO, and contelning 8.225 ecres of lend, more or less. s:\legal\our documents\ordinances\13\s13-OOOS.doc l�� r � � � F � � M � � � � � �M . �I ; !� rl d e � 0 � k% �+ Xillblt B LariCISCape Plari EI E � � �� 'j !� I, � !I 11 i � � 11 � Ir.��i=�� ! � � �t ,1 , ; ,,1 ��j � � � ��` w { �i �� ' �� SI �� , �r � � ��r�, �� ,!i �� "��A��'��,��ri�� :� ;j �� !± �! �� :� �1 � ��;��:�! �� .�,� '� �� j �ilr �� '!';' ' i �� u� e� �a� u�, ell �� a�,N tl ll � . w�w ... .. w, m ��ro e e a e rd � �r �� . � � �'i�� ' � � �� ; �� . . �� k_�...�.� � � i �� rr �� ' �'�;��! � � � µ �� o� � ..�� r w' - � . � � � � .....��.. ,; O � �,� i� � � � � @ � ' A� � �+� �' � i '.'� 4�'�� W�',��i . � � . ,.. �� i � � �� '� �� ' ��f��, �� ..�.".. � � A � � re S �� E.�W.�. �,w��.�.�s � ��g�6 � r� � � . � �� ; � � kl '" YI ! I