2008-299sAour documents\ordinances\08\s08-0006.doc
ORDINANCE NO. ~/~D9 2 % 9
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A SPECIFIC USE
PERMIT TO ALLOW A BASIC UTILITY ON APPROXIMATELY 2.5367 ACRES OF LAND
WITHIN A NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION, GENERALLY LOCATED ON THE NORTH SIDE OF ROSELAWN
CIRCLE, 440 FEET NORTH OF ROSELAWN DRIVE, AND LEGALLY DESCRIBED AS LOT 1,
BLOCK A OF THE ROSELAWN ELEVATED STORAGE TANK ADDITION, 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. (S08-0006)
WHEREAS, City of Denton Water Utilities, has applied for a Specific Use Permit to allow a
basic utility on approximately 2.5367 acres of land within a Neighborhood Residential 4 (NR-4) zoning
classification and use designation legally described in Exhibit "A", attached hereto and incorporated
herein by reference (hereinafter, the "Property"); and
WHEREAS, on October 22, 2008, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommended approval of the requested Specific Use Permit; and
WHEREAS, the City Council finds that the request is consistent with the Denton Plan and the
Development Code, specifically finding that the requirements of §35.6.4 are satisfied by the proposal
when conditioned by the site Plan attached as Exhibit "B"; 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. A Specific Use Permit to allow a basic utility is hereby approved for the
Property, subject to the following conditions:
1. This Specific Use Permit shall be limited to the approximately 145-feet tall, 2.5 to 3.0
million gallons (MG) elevated water storage tank within the 2.5367 acre parcel as
described in the application. No other structures, habitable or uninhabitable shall be
constructed or erected on the site without amending the Specific Use Permit.
2. Approval of this Specific Use Permit shall be for the applicant only, City of Denton,
Water Utilities or their successors.
3. The Specific Use Permit shall not expire until the elevated water tower is deemed
unnecessary and is no longer pertinent to the efficient delivery of potable water
service within the City's Water Master Plan.
4. Routine maintenance of the utility shall occur between the hours of 7:00 AM and 6:00
PM, Monday through Friday.
SECTION 3. The Specific Use Permit Site Plan attached hereto and incorporated herein
as Exhibit "B", is hereby approved, as an additional condition of the permit.
sAour documents\ordinances\08\s08-0006.doc
SECTION 4. 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 provision of this ordinance are severable.
SECTION 5. 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 6. 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 2~day of , 2008.
/11~& 9
MARK A. BURROUGH 5-,MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
sAour documents\ordinances\08\s08-0006.doc
EXHIBIT A
LEGAL DESCRIPTION
WHEREAS the RAYZOR INVESTMENTS, LTD., A Texas Limited Partnership, is the owner of a 2.5367-acre tract of land located
in the Asa Hickman Survey, Abstract No. 521, Denton County, Texas, said tract being a portion of a tract of laird described
in a deed to Rayzor Investments Ltd. by a deed now of record in Volume 1796, Page 601 of the Deed Records of Denton
County, Texas (DRDCT), said tract of land being more particularly described as follows:
BEGINNING at the southwest comer of said City of Denton tract. said comer also being in the most northwesterly south fine
of said Rayzor Investments Ltd. tract, said comer also being at the intersection of the existing north right-of-way line of
Roselown Circle (an existing 60-foot wide right-of-way) and the existing west right-of-way fine of Roselawn Circle (an
existing 60-foot wide right-of-way), said comer also being N 873305' E a distance of 0.73 feet from a 5/8' iron rod
found, said comer also being N 01'09'22' E a distance of 460.27 feet from a 1/2' iron rod found near the intersection of
said Roselawn Circle existing west right-of-way line and the existing north right-of-way fire of Roselawn Drive (an existing
variable width right-of-way), said existing right-of-Nay intersection also being in the south line of said Rayzor Investments
Ltd. tract;
Thence N 01'09'15' E, along said 2.5367-acre City of Denton tract west line, a distance of 325.00 feet to a point for a
comer,
Thence S 89'15'45' E, along said 2.5367-acre City of Denton tract north line, a distance of 340.00 feet to point for a
comer,
Thence S 01'09'15' W, along said 2.5367-acre City of Denton tract east line, a distance of 325.00 feet to a point for a
comer, said comer also being in said Roselown Circle existing north right-of-way line;
Thence S 89'15'45' E, along said 2.5367-acre City of Denton tract south line, also being said Roselown Circle existing north
right-of-way line, a distance of 340.00 feet to the POINT OF BEGINNING.
CONTAINING within these metes and bounds 2.5367 acres (or 110,497.08 square feet) of land, more or less. Bearings cited
herein are the some as those cited in the deed of said Rayzor Investments Inc. tract (Volume 1796, Page 601 of the Deed
Records of Denton County, Texas).
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