2016-013sAlegal \our documents \ordinances \16 \s15 -0011 ordinance.docx
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT TO ALLOW A BASIC UTILITY, A DENTON MUNICIPAL ELECTRIC
SUBSTATION, ON APPROXIMATLY 6.2 ACRES WITHIN A DOWNTOWN
COMMERCIAL GENERAL (DC -G) ZONING DISTRICT AND USE
CLASSIFICATION. THE SUBJECT PROPERTY IS GENERALLY LOCATED ON
THE SOUTHWEST CORNER OF SOUTH LOCUST STREET AND WEST COLLINS
STREET, IN 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.
(S15-0011)
WHEREAS, Teague Nall & Perkins, on behalf of the property owner, The City of
Denton, has applied for a Specific Use Permit (SUP) to allow a Denton Municipal Electric
(DME) substation on approximately 6.2 acres of land within a Downtown Commercial
General (DC -G) zoning district and use designation legally described in Exhibit "A ",
attached hereto and incorporated herein by reference (hereinafter, the "Property "); and
WHEREAS, after notice published, a public hearing was held before the Planning
and Zoning Commission in accordance with State law on December 9, 2015, whereby the
Planning and Zoning Commission recommended approval (6 -0) of the requested SUP,
subject to conditions; and
WHEREAS, on January 5, 2016, after notice published, a public hearing was held
before the City Council in accordance with State law and the City Council hereby finds
that the request is consistent with the Denton Plan and federal, state, and local law and that
the Applicant has agreed to comply with all provisions of 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; and
WHEREAS, 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. The SUP to allow a DME substation on the Property is hereby
approved, subject to the following conditions:
sAlegal \our documents \ordinances \16 \s15 -0011 ordinance.docx
1. The substation shall be screened by a minimum 10 -foot masonry screening wall.
2. The substation shall comply with the attached site plan (Exhibit `B ").
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.
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 ..w. day of 4,)t io. �, 2016.
CHR AI "'I'S, N�N0�
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
AS TO LEGAL FORM:
DECURTIS, DEPUTY CITY ATTORNEY
sAlegal \our documents \ordinances \16 \s15 -0011 ordinance.docx
EXHIBIT "A"
LEGAL DESCRIPTION
(Locust Substation)
BEING a 6.170 acre tract of land situated in the Alexander Hill Survey, Abstract No. 623, City of
Denton, Denton County, Texas, and being known as all of those tracts of land conveyed to the City
of Denton, Texas, per Deeds recorded in Document No. 2015 -24936 and Document No. 2015-
99032 of the Official Records of Denton County, Texas, and Document No. 97- 020884 of the Real
Property Records of Denton County, Texas, and also being known as all of Lot 1, Block A of Garcia
Addition, per the Final Plat recorded in Document No. 2009 -168 of the Plat Records of Denton
County, Texas, and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod with cap stamped "RPLS 4561" found for the Northwest corner
of the above cited City of Denton tract (2015- 24936) and the Northeast corner of Lot 1, Block A of
Myrtle Street Warehouse Addition, as recorded in Document No. 2014 -166 of the Plat Records of
Denton County, Texas, said point also being in the South line of the above cited City of Denton
tract (2015- 99032) and Lot 1, Block A of said Garcia Addition;
THENCE South 89 °52'22" West along the South line of said Garcia Addition and the North line of
said Myrtle Street Warehouse Addition, for a distance of 96.47 feet to a 1/2 inch iron rod found for
the Southwest corner of said Garcia Addition and said City of Denton tract (2015- 99032), said point
also being the Southeast corner of a called 0.694 acre tract of land described in a Deed to Gary
Lee Foster, as recorded in Document No. 94- 056132 of the Real Property Records of Denton
County, Texas, from which a 1/2 inch iron rod with cap stamped "RPLS 4561" found for the
Southwest corner of said 0.694 acre tract bears South 89 052'22" West a distance of 134.97 feet;
THENCE North 03 °17'36" East along the West line of said Garcia Addition and the East line of said
0.694 acre tract, for a distance of 239.54 feet to an "X" cut in concrete set for the Northwest corner
of Lot 1, Block A of said Garcia Addition and said City of Denton Tract (2015- 99032), said point
being in the South line of Collins Street, a 50' wide right -of -way per said plat recorded in Document
No. 2009 -168;
THENCE South 89 046'23" East along the South line of said Collins Street, for a distance of 486.77
feet to a 5/8 inch iron rod with cap stamped "TNP" set for the most Northerly Northeast corner of
said Lot 1 and said City of Denton tract (2015- 99032), said point being at the Northerly end of a
corner clip at the intersection of the South line of said Collins Street with the West line of S. Locust
Street, an 80' wide right -of -way per said plat recorded in Document No. 2009 -168;
THENCE South 32 047'14" East along said corner clip, for a distance of 16.35 feet to a 5/8 inch iron
rod with cap stamped "TNP" set for the most Easterly Northeast corner of said Lot 1 and said City
of Denton tract (2015- 99032), said point being in the West line of said S. Locust Street;
THENCE South 24 °11'55" West along the West line of said S. Locust Street, for a distance of
244.00 feet to a 5/8 inch iron rod with cap stamped "CHA" found for the Southeast corner of said
Lot 1 and said City of Denton tract (2015- 99032), said point being in the North line of said City of
Denton tract (2015- 24936);
THENCE North 89 052'22" East along the North line of said City of Denton tract (2015- 24936), for
a distance of 8.05 feet to a 5/8 inch iron rod set for the Northeast corner of said City of Denton tract
(2015- 24936), said point being in the West line of said S. Locust Street, a variable width right -of-
way at this point;
THENCE South 23 037'13" West along the West line of said S. Locust Street, for a distance of
425.78 feet to a 5/8 inch iron rod with cap stamped "TNP" set for the Southeast corner of said City
of Denton tract (2015- 24936), and the Northeast corner said City of Denton tract (97- 020884);
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THENCE South 23 001'53" West continuing along the West line of said S. Locust Street, for a
distance of 222.68 feet to a 5/8 inch iron rod with cap stamped "TNP" set for the Southeast corner
of said City of Denton tract (97- 020884), said point also being the Northeast corner of a called
0.784 acre tract of land described in a Deed to the City of Denton, Texas, as recorded in Volume
680, Page 277 of the Deed Records of Denton County, Texas, from which a 1/2 inch iron rod found
for the Southeast corner of said 0.784 acre tract bears South 23 001'53" West a distance of 138.15
feet;
THENCE North 89 024'37" West departing the West line of said S. Locust Street, and along the
South line of said City of Denton tract (97- 020884) and the North line of said 0.784 acre tract, for a
distance of 293.73 feet to a 1/2 inch iron rod found for the Southwest corner of said City of Denton
tract (97- 020884) and the Northwest corner of said 0.784 acre tract, said point being in the East
line of Myrtle Street, a variable width right -of -way, from which a 1/2 inch iron rod found for the
Southwest corner of said 0.784 acre tract bears South 01 042'58" East a distance of 130.00 feet;
THENCE North 00 005'31" West along the East line of said Myrtle Street, for a distance of 201.08
feet to a PK nail found for the Northwest corner of said City of Denton tract (97- 020884) and the
Southwest corner of said Myrtle Street Warehouse Addition;
THENCE North 89 052'28" East departing the East line of said Myrtle Street, and along the South
line of said Myrtle Street Warehouse Addition and the North line of said City of Denton tract (97-
020884), for a distance of 230.00 feet to a 1/2 inch iron rod with cap stamped "RPLS 4561" found
for the Southwest corner of said City of Denton tract (2015- 24936) and the Southeast corner of
said Myrtle Street Warehouse Addition;
THENCE North 00 007'14" East along the West line of said City of Denton tract (2015- 24936) and
the East line of said Myrtle Street Warehouse Addition, for a distance of 389.73 feet to the POINT
OF BEGINNING, and containing 6.170 acres of land, more or less.
s: \legal \our documents \ordinances \16 \s15 -0011 ordinance.docx
Exhibit "B" Site Plan and Landscape Plan