S22-0003bORDINANCENO. S22-OO03b
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USEPERMIT TO ALLOW A NEW MONOPOLE TOWER NO MORE THAN 150 FEET IN HEIGHTON APPROXIMATELY 4.37 ACRES OF LAND, LOCATED SOUTH OF BARCELONA
STREET, APPROXIMATELY 300 FEET WEST OF THE INTERSECTION OF BARCELONASTREET AND MESA DRIVE, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;ADOPTING AN AMENDMENT TO THE CITY’S OFFICIAL ZONING MAP; PROVIDINGFOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (S22-
OO03b)
WHEREAS, Mark Martin representing Jodo Company, LLC, has applied for a Specific
Use Permit (“SUP”) to allow for the construction of a monopole communications tower that is no
more than 150 feet in height or 871 feet above mean sea level (MSL), within the Mixed Use
Regional (MR) zoning district and use classification, on property legally described as Lot 2, Block
A, Spilde-Harrison Addition, as depicted in Exhibit “A”; and
WHEREAS, the Property is also located in the horizontal zone of the Airport Height
Hazard District (AHHD) of the Municipal Airport Overlay District (MAO), which restricts the
height of structures to 810 feet above MSL; and
WHEREAS, DDC Section 2.8.ID.2 authorizes the additional approval criteria for the
Zoning Board of Adjustment to grant a variance to the height limitation of 810 feet above MSL
within the horizontal zone of the AHHD, permitting a structure to exceed that height limitation,
based on the determination of the Federal Aviation Administration (FAA) regarding the effect of
the proposed structure on the operation of air navigation facilities and the safe, efficient use of
navigable airspace; and
WHEREAS, the FAA has provided a Determination that there will be “No Hazard to Air
Navigation” from a proposed communication tower not to exceed 871 feet above MSL; and
WHEREAS, the elevation plan attached as Exhibit “C” proposes a tower not to exceed 150
feet in height above grade or 871 feet above MSL; and
WHEREAS, on November 16, 2022, the Planning and Zoning Commission, in compliance
with the laws of the State of Texas, gave the requisite notices by publication and otherwise, and
held a public hearing for all property owners interested in this regard, and have recommended
approval (7-0) with conditions of the requested; and
WHEREAS, on December 6, 2022, the City Council likewise conducted a public hearing
as required by law, and finds that the request meets and complies with all substantive and
procedural standards set forth in Section 2.5.2 of the Denton Development Code, and is consistent
with the Denton 2040 Comprehensive Plan and the Denton Development Code;
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WHEREAS, the City Council of the City of Denton has determined that it will be beneficial
to Denton and its citizens to grant the SUP; and such grant will not be detrimental to the health,
safety, morals, and general welfare of the City of Denton, and that the SUP should be granted asset forth herein; 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 the monopole communications tower on the Property is
hereby approved, subject to the following conditions:
1.
2.
The attached site plan and the attached structure elevations for the proposed tower are
incorporated as requirements of the SUP, subject to the limitations in conditions 2 and 3
below related to maximum height of the tower.
The property owner must apply to, and receive approval from, the Zoning Board ofAdjustment (ZB A) for a variance to the Municipal Airport Overlay – Airport Height
Hazard District structural height limitation of 810 feet above mean sea level (MSL), in
accordance with DDC Section 2.8.2D.2, before any building permits may be released for
the construction of the proposed tower exceeding the 810 feet above MSL height currentlypermitted by the existing SUP, S29-0015. If the variance is not approved, no permits for
construction of the tower exceeding the currently permitted height of 810 feet above MSL
may be released.
The attached site plan and the attached structure elevations for the proposed tower reflect
an intent to comply with the DDC requirements, except for the height of the tower, which
will be permitted to exceed the 810 feet above MSL maximum height allowed within the
Municipal Airport Overlay – Airport Height Hazard District, only if the Zoning Board of
Adjustments grants a variance to that maximum height limitation, as discussed in Condition
2 above. If the ZBA approves the variance:
a. The maximum height approved for the proposed tower shall not exceed a height of871 feet above MSL
b. Staff may approve construction of the tower to any height lower than the maximum
height authorized by the variance approved by ZBA.
3.
SECTION 3. 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 anyterm or condition of the Ordinance will result in the SUP being declared null and void. and of no
force and effect. The SUP issued to the entity named above runs with the land, and is assignable
and transferable to subsequent owners of the Property.
SECTION 4. SUP Regulations. Upon notice to the Property owner and a hearing beforethe 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/orthe DDC
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SECTION 5. Unlawful use. It shall be unlawful for any person, firm, entity, or corporation
to make use of the Property in some manner other than as authorized by the DDC, City of DentonCode of Ordinances, and this ordinance.
SECTION 6. 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 validityof the provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 7. 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 the City of 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 8. 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.
The motion.t9 approve this Win,n„ w„ m,d, by Brian BmJ( ,„d „,,„d,d
by v ttEI BW\(9 ; the ordinance was passed and approved by the
following vote [L - a
Aye
\//
\/
U/
pr
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3 :
VACANT, District 4 :
Brandon Chase McGee, At Large Place 5 :1/
P/Chris Watts, At Large Place 6:
[}JZ4Q-ar
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ATTEST:
ROSA RIOS, CITY SECRETARY attIII LIII///
APPROVED AS TO LEGAL FORM:MACK REINWAND. CITY ATTORNEY.*: +% A:'’'’T::''“,
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Exhibit A
Legal Description
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BEING, a 4.38 acre tract of land out of the B.B.B. AND C.R.R. SURVEY, ABSTRACT
NUMBER 141, situated in the City of Denton, Denton County, Texas, being all of Lot 2,Block A of SPILDE-HARRISON ADDITION, a subdivision of record in Cabinet W, Page
631 of the Plat Records of Denton County, Texas and being more particularly described
by metes and bounds as follows:
BEGINNING, at a 1/2 inch iron rod found in the South right-of-way line of Barcelona
Street (right-of-way varies), being in the West line of Lot 4G, Block A of Freeway Park,Section No. 2, a subdivision of record in Volume 14, Page 39 of the Plat Records of
Denton County, Texas, also being the Northeast corner of said Lot 2 and hereof;
THENCE, S00'19'47"W, leaving the South right-of-way line of Barcelona Street, along
the East line of said Lot 2 and in part, the common West line of said Lot 4C, in part, the
common West line of Lots 4-Bl-R and 4-B2-R of Freeway Park Subdivision, Section
Two, a subdivision of record in Cabinet F, Page 235 of said Plat Records, and in part,the common West line of Lots 4F-1 R, 4F-2R and 4F-3R of Freeway Park Subdivision ,
Section Two, a subdivision of record in Cabinet K, Page 285 of said Plat Records, a
distance of 782.49 feet to a 1/2 inch iron rod with plastic cap stamped “COLEMAN”
found at the Southwest corner of said Lot 4F-3R, being the Northwest corner of Lot 4F-
4R of said Freeway Park Subdivision, Section Two, of record in Cabinet K, Page 285,
also being the Northeast corner of a called 0.079 acre tract of land conveyed to Denton
Electric Inc. by deed of record in Document No. 98-R0030788 of the Real Property
Records of Denton County, Texas, also being the Southeast corner of said Lot 2 andhereof
THENCE, S84'00'19"W, leaving the West line of said Freeway Park Subdivision,
Section Two, of record in Cabinet K, Page 285, along the South line of said Lot 2 andthe common North line of said 0.079 acre tract, a distance of 61 .17 feet to a 1/2 inch
iron rod found in the curving East right-of-way line of the Kansas City Southern
Railroad, being the Northwest corner of said 0.079 acre tract, also being the Southwest
corner of said Lot 2 and hereof;
THENCE, along the curving East right-of-way line of the Kansas City Southern Railroad
and the common West line of said Lot 2, along a non-tangent curve to the left, having a
radius of 6950.42 feet, a chord bearing of N31'13'16"W, a chord length of 475.65 feet, a
delta angle of 03'55'19", an arc length of 475.75 feet to a 1/2 inch iron rod with plastic
cap stamped “ISBELL” found at the Southeast corner of Lot 1 of said Block A of
SPILDE-HARRISON ADDITION, being the Southwest corner of said Lot 2 and hereof;
THENCE, leaving the East right-of-way line of the Kansas City Southern Railroad, along
the East line of said Lot 1 and the common West line of said Lot 2, the following two (2)courses and distances:
1. N00'13'26"E, a distance of 290.23 feet to an X-cut in concrete set;
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2.N18'47'37’'E, a distance of 94.94 feet to an X-cut in concrete set in the South
right-of-way line of Barcelona Street, being the Northeast corner of said Lot 1,
also being the Northwest corner of said Lot 2 and hereof from which a 1/2 inchiron rod found at the Northwest corner of said Lot 1 bears S89'35'36'’W, a
distance of 32.48 feet;
THENCE, N89'35'36"E, along the South right-of-way line of Barcelona Street and thecommon North line of said Lot 2, a distance of 280.17 feet to the POINT OF
BEGINNING and containing an area of 4.38 Acres, or (190,632 Square Feet) of land,more or less
PAGE 2 OF 2
Exhibit B
Site Plan
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Elevations
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