2015-167sAlegal \our documents \ordinances \15 \s 15- 0003(2).docx
ORDINANCE NO. 2015 -167
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT TO ALLOW A BASIC UTILITY, A DENTON MUNICIPAL
ELECTRIC (DME) SUBSTATION, WITHIN A NEIGHBORHOOD RESIDENTIAL
MIXED USE (NRMU) AND NEIGHBORHOOD RESIDENTIAL MIXED USE 12
(NRMU -12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION,
LOCATED ON APPROXIMATELY 7.334 ACRES OF LAND ON THE SOUTH SIDE
OF EAST MCKINNEY STREET, APPROXIMATELY 1,300 FEET EAST OF MACK
DRIVE AND 450 WEST OF SPRINGTREE STREET, WITHIN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; REPEALING ORDINANCE 2013 -328;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (515 -0003)
WHEREAS, Applicant Teague, Nall, and Perkins, Inc. has requested a Specific
Use Permit (SUP) to allow a basic utility, a DME substation, within a Neighborhood
Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU-
12) zoning classification and use designation and located on approximately 7.334 acres of
land on the south of East McKinney Street, approximately 1,300 feet east of Mack Drive
and 450 west of Springtree Street, more particularly described in Exhibit "A ", attached
hereto and incorporated herein by reference (hereinafter, the "Property "); and
WHEREAS, on November 19, 2013, the City Council approved Ordinance 2013-
328 to allow a SUP for a Basic Utility, a DME substation, on approximately 6.21 acres of
land located on the Property (the "2013 Ordinance "); and
WHEREAS, on February 27, 2015, the City of Denton acquired an additional 1.1
acres of land substantially surrounded by the 6.21 acres of land described in the 2013
Ordinance in order to expand the DME substation, which additional acreage also requires
a Specific Use Permit; and
WHEREAS, the City desires to issue a new SUP by repealing Ordinance 2013-
328 and replacing it with this Ordinance in order to include the total acreage of the DME
substation area as 7.334 acres of land; and
WHEREAS, on May 6, 2015, the Planning and Zoning Commission, in
compliance with the laws of the State of Texas, have given the requisite notices by
publication and otherwise, and have held due hearings and afforded full and fair hearings
to all property owners interested in this regard, and have recommended repealing
Ordinance 2013 -328 and approval of the requested Specific Use Permit, subject to
conditions; and
MUNMERM
WHEREAS, on June 2, 2015, the City Council, after notice was published and a
public hearing was held in accordance with State law, finds that the request is consistent
with the Denton Plan and the Denton Development Code, as they exist, may be amended,
or in the future arising, including but not limited to, this Ordinance, and has further
agreed to comply with the additional restrictions and conditions set forth herein;
WHERAS, the City Council has determined that it will be beneficial to Denton
and its citizens to grant the SUP; that such grant will not be detrimental to the public
welfare, safety or health; and that the SUP should be granted; 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. Repealer and Savings. Ordinance 2013 -328 of the Denton Code of
Ordinances is hereby repealed. This repeal does not affect a punishment or penalty
incurred under the 2013 Ordinance before the effective date of this Ordinance, nor a suit,
prosecution, or proceeding pending at the time of the repeal for an offense committed
under the repealed ordinance.
SECTION 3. SUP Granted. The Specific Use Permit to allow a basic utility on
the Property is hereby approved, subject to the following condition:
1. A perimeter masonry security wall shall be constructed with a minimum height of
ten (10) feet.
SECTION 4. Failure to Comply. Except as otherwise stated above, all terms of
the SUP shall be complied with prior to issuance of a Certificate of Occupancy. Failure
to comply with any term or condition of the Ordinance will result in the SUP being
declared null and void and of no force and effect. The SUP is issued to the City of
Denton, Texas and is assignable and transferable.
SECTION 5. SUP ,Regulations. Upon notice to the property owner and a hearing
before the City Council, a SUP may be revoked or modified if:
1. There is one or more of the conditions imposed by this Ordinance that has not
been met or has been violated on the Property; or
2. The SUP was obtained or extended by fraud or deception; or
3. As otherwise permitted by law and /or The Denton Code of Ordinances.
SECTION 6. Effective dateof SUP. The SUP shall be effective from and after
the effective date of this Ordinance.. Upon termination of the SUP, the Property shall
sAlegal \our documents \ordinances \15 \s15- 0003(2).docx
cease to be used as provided herein unless another SUP or appropriate zoning has been
obtained.
SECTION 7. UnlawfulW use. It shall be unlawful for any person, firm, entity, or
corporation to make use of the above - referenced Property in some manner other than as
authorized by the Denton Code of Ordinances and this Ordinance.
SECTION 8. Penalty. Any person, firm, entity or corporation violating any
provision of this ordinance shall, upon conviction, be fined a sum not exceeding
$2,000.00 for each violation. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense. The penal provisions imposed under this
Ordinance shall not preclude Denton from filing suit to enjoin the violation and it retains
all legal rights and remedies available to it under local, state and federal law.
SECTION 9. Severability. 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.
SECTION 10 Effective .Date of Ordinance. In compliance with Section 2.09(c)
of the Denton Charter, 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 2015.
WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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