2014-422s:\legal\our documents\ordinances\14\s14-Q006 ordinance.docx
ORDINANCE NO. 2014-422
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 10.372 ACRES OF LAND
WITHIN A NEIGHBORHOOD RESIDENTIAL 6(NR-6) ZONING DISTRICT. THE
SUBJECT PROPERTY IS GENERALLY LOCATED ON THE EAST SIDE OF
GEESLING ROAD, APPROXIMATELY 600 FEET NORTH OF BLAGG ROAD AND
1,800 FEET SOUTH OF UNIVERSITY DRIVE (US 380), IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; AND PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN
EFFECTIVE DATE (514-0006).
WHEREAS, Denton Municipal Electric, has applied for a Specific Use Permit to allow a
"Basic Utility," an electrical substation, on approximately 10.372 acres of land within a
Neighborhood Residential 6(NR-6) 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 November
5, 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 December
2, 2014 as required by law, the City Council fnds 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 ��������`� ���� ����� �� ,����;�������� , 2014.
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CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY: � � �° ��"��.����.� f � � �:��� �� �::�,W �s'
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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STATE OF TEXAS
COUNTY OF DENTON
EXHIBIT A
LEGAL DESCRIPTION
LEGAL DESCRIPTION - 10.372 ACRES
ALL OF THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE MOREAU FORREST
SURVEY, ABSTRACT NUMBER 417, DENTON COUNTY, TEXAS, BEING A PORTION OF THAT
CERTAIN 97.277 ACRE TRACT CONVEYED TO JOHN POWELL WALKER, etal AS RECORDED IN
DOCUMENT NUMBER 93-0034125 OF THE REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS,
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEOINNIN� at a 1/2 inch iron pipe found lying in the east line of Geesling Road at a westerly exterior
corner of the said Walker tract, same being the southwest corner of a oertain 1.043 acre tract of land as
described in deed to Lynell Cawood as recorded in Document Number 95-0034882 of the said Real
Property Records for the northwest corner of the herein described tract, from which a 1/2 inch capped iron
rod found bears North 02°41'52" East, [Record - N 03°10'00" E], a distance of 135.91 feet [Record -135.65
feet] being the northwest corner of said 1.043 acre tract;
THENCE South 87°53'22" East, [Record - S 89°54'18" E] with the common line of said Walker tract and
said Caw+ood tract, passing a 3/8 inch iron rod found being the southeast corner of said Cawood tract at a
distance of 336.47 feet [Record - 337.00 feet], continuing in all a distance of 715.70 feet to a 5/8 inch
capped iron rod set and stamped "TNP" for the northeast corner hereof;
THENCE South 01 °56'26" West, a distance of 652.34 feet, to a 5/8 inch capped iron rod set and stamped
TNP, for the southeast corner hereof, same being the northeast corner of a certain 3.02 acre tract of land as
described in deed to Texas Municipal Power P�qency as recorded in Volume 1149, Page 494 of the Deed
Records of Der�ton Courity, Texas, from which a 1/2 iron rod found bears South 48°OS'31" West, [Record -
S 46°13'51" WJ, a distance of 45.07 fset [Record - 45.10 feet] being the most easterly southeast corner to
said 3.02 acre tract;
THENCE North 88°07'4G' West, [Record - N 89°59'49" WJ with the common line of said Walker tract and
said 3.02 acre tract a distance of 549.48 feet [Record - 549.5 feet], to a 5/8 inch capped iron rod set and
stamped TNP, at an angle point of said Walker tract;
THENCE North 38°36'05" West, [Record - N 40°27'41" VNJ continuing with said common line, a distance of
255.79 feet [Record - 255.0 feet], to a 5/8 inch capped iron rod set and stamped TNP, being the northw+sst
corner of the said 3.02 acre tract, same being the w�ssterly southwest corner of the Walker tract and lying in
the east line of Geesling Road;
THENCE North 01 °56'4G' East, [Record - N 00°00'11" V1/J along the common line of the Walker tract and the
east line of said Geesling Road, a distance of 460.75 feet [Record - 459.04 feet], to the POINT OF
BEt31NNIN0 and containing 10.372 acres of land more or less.
EXHIBIT B
LOCATION MAP