2014-140s:\legal\our documents\ordinances\14\s14-0002.docx
ORDINANCE NO. 2O 14-140
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A SPECIFIC USE
PERMIT TO ALLOW CONSTRUCTION OF A WET WEATHER PUMP STATION AND
DETENTION FACILITY USE ON A PROPERTY LOCATED 1N A NEIGHBORHOOD
RESIDENTIAL 2(NR-2) ZONING AND USE DISTRICT ON APPROXIMATELY 65.94
ACRES. THE SUBJECT PROPERTY IS GENERALLY LOCATED WEST OF COUNTRY
CLUB ROAD AND KCS RAILROAD, EAST OF FORT WORTH DRIVE, AND SOUTH OF
BENT CREEK ESTATE RESIDENTIAL SUBDIVISION; AND PROVIDING FOR A
PENALTY 1N THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS, THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE. (S 14-0002)
WHEREAS, Mr. P.S. Arora, on behalf of the City of Denton, has applied for a Specific
Use Permit to allow construction of a wet weather pump station and detention facility use on a
property located in a neighborhood residential2 (NR-2) zoning and use district on approximately
65.94 acres and legally described in Exhibit "A", attached hereto and incorporated herein by
reference (the "Property"); and
WHEREAS, on April 9, 2014, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommend approval of the Specific Use permit with a condition
of approval; and
WHEREAS, on May 6, 2014, the City Council concluded a public hearing, as required by
law and finds that the Specific Use Permit, is consistent with the Denton Plan and the
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. A Specific Use Permit to allow construction of wet weather pump station
and detention facility use on the Property is hereby approved, subject to the following condition:
1. Any disturbed Environmental Sensitive Areas (ESAs) must be stabilized by re-vegetating
using native plants and the soil restored to pre-development contours. The vegetation
must achieve a cover that is at least 70 percent of the native vegetative cover to be
considered stabilized.
SECTION 3. The Specific Use Permit site plan attached hereto and incorporated herein
by reference as Exhibit "B", 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, 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 iined 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 a��� day of ���_ , 2014.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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ANITA BURGESS, CITY
ATTORNEY
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EXHIBIT A
LEGAL DESCRIPTION
(Baudouin — northern tract)
BEING a 27.86 acre tract of land situated in the B.B.B. & C. R.R. Co. Survey, Abstract No. 196 and the
W. Roark Survey, Abstract No. 1087, City of Denton, Denton County, Texas, and being known as that
tract of land described in a Deed to Paul-Emile Baudouin and Benjamin Parker Baudouin, as recorded in
Document No. 2011-35970 of the Real Property Records of Denton County, Texas, and being more
particularly described as follows:
BEGINNING at a 1/2 inch square pipe found for corner in the Westerly line of the G.C. & S.F. Railroad (a
variable width right-of-way), said point being the Southeast corner of the above cited Baudouin tract and
the Northeast corner of a called 37.87 acre tract of land described in a Deed to Connie M. Altemus, as
recorded in Volume 901, Page 777 of the Deed Records of Denton County, Texas;
THENCE North 89°45'23" West along the South line of said Baudouin tract and the North line of said
Altemus tract, for a distance of 1533.46 feet to a 1/2 inch square pipe found for corner at the occupied
Southwest corner of said Baudouin tract and the Northwest corner of said Altemus tract, said point also
being in the East line of a called 222.275 acre tract of land described as the First Tract in a Deed to Burch
Family Farm, Ltd., as recorded in Document No. 2007-110043 of the Real Property Records of Denton
County, Texas;
THENCE North 00°44'19" West along the West line of said Baudouin tract and the East line of said Burch
Family Farm tract, for a distance of 67.50 feet to a point for corner in Hickory Creek;
THENCE in a Northwesterly direction along the Westerly line of said Baudouin tract, the Easterly line of
said Burch Family Farm tract and the meanders of Hickory Creek as follows:
North 52°05'55" West for a distance of 282.19 feet to a point for corner;
North 27°24'15" West for a distance of 171.69 feet to a point for corner;
North 31 °16'21" West for a distance of 242.77 feet to a point for corner;
North 19°13'51" West for a distance of 206.12 feet to a point for corner in the South line of a
called 21.472 acre tract of land described in a Deed to the City of Denton, Texas, as recorded in
Document No. 1997-55783 of the Real Property Records of Denton County, Texas, said point
also being the Northwest corner of said Baudouin tract;
THENCE North 89°53'48" East departing said Hickory Creek, and along the North line of said Baudouin
tract and the South line of said City of Denton tract, passing a 5/8 inch iron rod with cap stamped "TNP"
set for reference at a distance of 48.00 feet, and continuing along the North line of said Baudouin tract
and the South line of said City of Denton tract, for a total distance of 1429.30 feet to a 1/2 inch iron rod
found for corner at the occupied Northeast corner of said Baudouin tract, said point also being in the
Westerly line of said Railroad;
THENCE South 35°19'02" East along the Easterly line of said Baudouin tract and the Westerly line of said
Railroad, for a distance of 338.09 feet to a 1/2 inch iron rod found for corner at an angle point;
THENCE South 42°26'59" East continuing along the Easterly line of said Baudouin tract and the Westerly
line of said Railroad, for a distance of 201.49 feet to a 5/8 inch iron rod with cap stamped "TNP" set for
corner at an angle point;
THENCE South 35°19'02" East continuing along the Easterly line of said Baudouin tract and the Westerly
line of said Railroad, for a distance of 465.63 feet to the POINT OF BEGINNING, and containing 27.86
acres of land, more or less.
(
Altemus Estate — southern tract)
BEING a 37.95 acre tract of land situated in the B.B.B. & C. R.R. Co. Survey, Abstract No. 196, Denton
County, Texas, and being known as that tract of land described in a Deed to Connie M. Altemus, as
recorded in Volume 901, Page 777 of the Deed Records of Denton County, Texas, and being more
particularly described as follows:
BEGINNING at a 1/2 inch square pipe found for corner in the Westerly line of the G.C. & S.F. Railroad (a
variable width right-of-way), said point being the occupied Northeast corner of the above cited Altemus
tract, said point also being the Southeast corner of a called 27.92 acre tract of land described in a Deed
to Paul-Emile Baudouin and Benjamin Parker Baudouin, as recorded in Document Number 2011-35970
of the Real Property Records of Denton County, Texas;
THENCE South 35°19'02" East along the Easterly line of said Altemus tract and the Westerly line of said
Railroad, for a distance of 1097.70 feet to a 1/2 inch iron rod with cap stamped "McCullah" found for the
occupied Southeast corner of said Altemus tract and the occupied Northeast corner a called 222.275 acre
tract of land described as the First Tract in a Deed to Burch Family Farm, Ltd., as recorded in Document
Number 2007-110043 of the Real Property Records of Denton County, Texas;
THENCE North 89°56'57" West along the South line of said Altemus tract and the most Easterly North
line of said 222.275 acre tract, for a distance of 839.29 feet to a 1/2 inch iron rod found for corner, said
point being the occupied Northeast corner of a called 3.029 acre tract of land described in a Deed to
Nelda Hackett, as recorded in Document Number 2003-137250 of the Real Property Records of Denton
County, Texas;
THENCE North 89°56'44" West continuing along the South line of said Altemus tract and along the North
line of said 3.029 acre tract, for a distance of 602.32 feet to a 5/8 inch iron rod with cap stamped "TNP"
set for corner, said point being the Northwest corner of said 3.029 acre tract;
THENCE North 89°26'11" West continuing along the South line of said Altemus tract and along an interior
North line of said 222.275 acre tract, for a distance of 714.93 feet to a 1/2 inch square pipe found for
corner at the occupied Southwest corner of said Altemus tract and being an interior ell corner of said
222.275 acre tract;
THENCE North 00°44'19" West along the West line of said Altemus tract and the most Northerly East line
of said 222.275 acre tract, for a distance of 893.92 feet to a 1/2 inch square pipe found for corner at the
occupied Northwest corner of said Altemus tract and the Southwest corner of said Baudouin tract;
THENCE South 89°45'23" East departing the East line of said 222.275 acre tract, and along the North
line of said Altemus tract and the South line of said Baudouin tract, for a distance of 1533.46 feet to the
POINT OF BEGINNING, and containing 37.95 acres of land, more or less.
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