2007-267sAour do ument \ordinances\07\s06-001 l.dm
ORDINANCE NO. 0100 /-i/ 6
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ARROVING A SPECIFIC USE
PERMIT TO ALLOW TELECOMMUNICATIONS ANTENNAS INSTALLED IN AN
ALTERNATIVE MOUNTING STRUCTURE ON APPROXIMATELY 7.64 ACRES OF LAND,
GENERALLY LOCATED AT THE SOUHTWEST CORNER OF AUDRA LANE AND
LATTIMORE STREET, AND IS LEGALLY DESCRIBED AS TRACT 18 OF THE J. BROCK
SURVEY, 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. (S06-0011)
WHEREAS, T-Mobile USA, has applied for a Specific Use Permit to allow a cellular tower
in an alternative mounting device on approximately 7.64 acres of land, generally located at the
southwest corner of Audra Lane and Lattimore Street and is more particularly described in Exhibit
"A" attached hereto and made a part hereof by reference (the "Property"); and
WHEREAS, on September 26, 2007, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommended approval of the requested Specific Use Permit
subject to the conditions outlined in Section 2; and
WHEREAS, the City Council finds that the change is consistent with the Denton Plan and all
applicable requirements of the Development Code; 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 cellular tower in an alternative mounting
device is hereby approved, subject to the following conditions:
I . The applicant shall submit a letter to the Director of Planning annually to confirm the
operational status of the tower and the cellular providers it is hosting.
2. The alternative mounting structure shall be designed to appear as a bell tower
associated with the Faith Tabernacle Assembly of God church, similar to the
elevation shown in Exhibit C.
SECTION 3. The Specific Use Permit Site Plan attached hereto and incorporated herein as
Exhibit "B", is hereby approved for the Property.
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 provisions of this ordinance are severable.
sAour doeumcni \ordtnances\07\s06-001 I.doc
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.
K PASSED AND APPROVED this the ~~K day of UvL~~ 12007.
~l
PERRY cNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
sAnur dncuments\ordinances\07\s06-001 Um
EXHIBIT A
LEGAL DESCRIPTION
WHEREAS Faith Tabernacle Assembly of God Church is this owner of a 7,279
acre tract, and being all that certain lot, Bract ar parcel at land situated in
=he ,}onothon Brock Survey, City of Denton, Denton Count„ Texas, and being
all of a called 7.64 acre tract described in a deed from Ali Hassan
Al-'F.hafaji to Terry D. .lchnson, L. (7. ;Sanders, A. 0. Burchett, Ben Lynch and
Donald Elkins, Trustees of Faith Tabernacle A.ssembl}' of God Church as
recorded in Volume 6 39+ Page 714, Ocriton County: C)c d Records, and being
rncrc por icular'ly described as folly:; s:
BEGINNING from a 112 inch iron rod found at the southwest corner of said
7.64 acre trac', for a .corner;
THENCE N 00'12'37" E along the wess.ernrnost (vest line of said 7.64 acre
;
tract a distance of 359.30 feet to a_ 1/2 Inch iron rod set at the southerly
most ntcrtha+est corner of said I.-54 acre Tract, for a corner;
THENCE 5 89'47'23" E alnny the southernmost north line of said 7.64 acre
tract a distance of 115.20 feet to a 1/2 inch iron red set at an inside
corner of said 7.64 acre tract, for a corner;
THENCE N 00'037" E along the eustemr,nost vaesi line of said 7.64 acre
tmct prising a 1/2 inch iron rod set, for a reference, at a distance of
135.00 feet and continuing a total distance of 150.1',M feet to a point at the
northerly most northwest earner of sold 164 acre tract, on the south One at
Lattlr-none Strect. for a corner;
THENCE S 89'58'08° E along the northernmost north line of said 7.64 acre
tract and the south One said Lattimont areef a distance of 615.83 feet
to a point at the northeast cernci of said 7.64 acre tact, and at the
nterser_tion of the south One of said Lattimore 'Shoot and the west One of
Pudm Lane, for a corner;
THENCE S 205544" M along the east line of said 1.64 acre tract and the
west One of said Auclra Lune a distance 546.45 feet to u 1 /2 itch iron
rod set at the southeast corner of said T64 acre tract, for a corner:
THENCE N 89.47'23" ;^r along the south One of said 7.64 acre tract a
.
distance of 568.00 Wet to the MINT i F 9E GIN'NINIC' and containing 7.275
acres of land, also being known as 1 i0i -udru Lane, Denton, Texas 76202.
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EXHIBIT B
SITE PLAN
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sAour daeumeni \ordinances\07\sO6-001 I.Am
EXHIBIT C
ALTERNATIVE MOUNTING DEVICE ELEVATION
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