2014-401s.\legal\our documenYs\ordinances\14\s14�0005.docx
ORDINANCE NO. 2014-401
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING A SPECIFIC USE
PERMIT TO ALLOW A"BASIC UTILITY," A DENTON MUNICIPAL ELECTRIC
(DME) ELECTRICAL SUBSTATION, ON APPROXIMATELY 10.07 ACRES OF LAND
WITHIN A REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) ZONING
DISTRICT. THE SUBJECT PROPERTY IS GENERALLY LOCATED ON THE
NORTHEAST CORNER OF BONNIE BRAE STREET AND RINEY ROAD, IN THE
CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE (514-0005).
WHEREAS, Denton Municipal Electric, has applied for a Specific Use Permit to allow a
"Basic Utility," an electrical substation, on approximately 10.07 acres of land within a Regional
Center Commercial Downtown (RCC-D) zoning district legally described in Exhibit "A" and
depicted in Exhibit "B", attached hereto and incorporated herein by reference (hereinafter, the
"Property"); and
WHEREAS, after providing notice and after conducting a public hearing on October 22,
2014 as required by law, the Planning and Zoning Commission recommended approval (7-0) of
the Specific Use Permit; and
WHEREAS, after providing notice and after conducting a public hearing on November
18, 2014 as required by law, the City Council finds that the initial zoning is consistent with the
Denton Plan and is in the public interest; 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. The Specific Use Permit 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.
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.
PASSED AND APPROVED this the �� day of �'���'" �a�"������ ��� �, (���4.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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EXHIBIT A
LEGAL DESCRIPTION
LEGAL DESCRIPTION
BEING a 10.070 acre tract of land situated in the J.S, Collard Survey, Abstract No. 297, City of Denton,
Denton County, Texas, and being part of a called 38.524 acre tract of land described in a Deed to Edward
F. Wolaki, es recorded in Document Number 2005-50257 of the Real PropeRy Recortls of Denton County,
Texas, and being more particularly described as follows:
BEOINNIN(3 at a PK nafl found for comer in Rlney Road, a varlable width prescriptive �Ight-of-way, sald
point being the 3outheast comer of the above cited 38.524 acre tract, and the Southwest comer of a called
23.212 acro tract descrlbed in a Deed to J.C. Mitchell and Texas Clnema Corporatlon, as recorded In
Voluma 3180, Page 552 of the Deed Records of Denton County, Texas, aaid point also being in the
epproximate South Ifne of the J.S, Collard Survey, Abstract No. 297, and the North line of the N.
Meiaenhamer Survey, Abstract No. 810;
THENCE North 89°17'49" West along said Riney Road, the South line of said 38.524 acre tract and the
approximate South line of said J.S. Collard Survey, for a distance of 719,97 feet to a PK nail found for
comer at the Southwest corner of said 38.524 acre tract, said point also being the Southeast comer of a
tract of land conveyed to the Clty of Denton, Texas, per Deed recorded In Volume 537, Page 32 of the
Deed Records of Denton County, Texas;
THENCE North 00°25'56" East departing sald Rlney Road, and along the most Southerly West Ilne of said
38.824 acro tract and the East line of said Cfty of Denton tract, for a distence of 225.00 feet to e 3 Inch steel
fence comer post found for corner;
THENCE North 89°11'10" West along the most Westerly South line of said 38.524 acre tract and the North
line of sald City of Denton tract, passing a 5/8 inch iron rod with cep stemped "TNP" set for reference at a
distance of 218.22 feet and continuing along said line for a total distance of 250.00 feet to a pofnt for corner
in the centerline of Bonnie Brae Drive (a variable width right-of-way), said point being the most Westerly
Southw�est corner of said 38.524 acre Vact, said point also being in the approximate West line of said J.S.
Callard Survey and the East line of the N. Wade Survey, Abstract No. 1407;
THENCE North 00°21'43" East along the projected centerline of sald Bonnle Brae Drlve, and alonp the
West Ilne of said 38.524 acre tract and the approxlmate West Ilne of sald J.S, Collard Survey, fo� a dlstance
of 274.52 feet to a polnt for comer near the existing West edge of said Bonnle Brae Drive;
THENCE South 89°17'49" East departing said Bonnie Brae Drive, the West line of said 38.524 acre tract
and the approximate West line of said J.S. Collard Survey, passing a 5/8 inch iron rod with cap stamped
"TNP" set for reference at a distance of 35.00 feet, and continuing along said line for a total distance of
1010.10 feet to a 5/8 inch iron rod with cap atamped "TNP° aet for corner in the East line of said 38.524
acre tract and the West line of said 23.212 acre tractn
THENCE South 04°59'05" West, alono the East Ilne of said 38.524 acre tract and the West Ilne of sald
23.212 acre traM, passing a 518 inch iron rod with cap atamped "TNP" set for reference at a distance of
483.40 feet and continuing along said line for a total distance of 501.40 feet to the POINT OF BEaINNINQ,
and containing 10.070 acres of land, more or less.
EXHIBIT B
LOCATION MAP