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2003-009AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A WIRELESS COMMUNICATIONS TOWER ON APPROXIMATELY 0.44 ACRES OF LAND COMMONLY KNOWN AS 303 EAST MASSEY STREET, WITHIN AN INDUSTRIAL CENTER EMPLOYMENT (IC-E)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0055) WHEREAS, David Baker, on behalf of Amanda Walker, has applied for a specific use permit to allow a wireless communications tower over 85' high on approximately 0.44 acres of land commonly known as 303 East Massey Street which is more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"), within an Industrial Center Employment (IC-E) zoning district classification and use designation; and WHEREAS, on December 4, 2002, the Planning and Zoning Commission recommended approval of a Specific Use Permit for wireless COmmunications tower over 85' high; and WHEREAS, the City Council finds that the Specific Use Permit is consistent with the Denton Plan policies; and WHEREAS, in accordance with Section 35.6.5 of the Development Code, the City Council finds that all of the following conditions exist: That the use is in conformance with all the standards within the zoning district in which the use is proposed to be located, and in conformance with the Denton Plan and federal, state, or local law; That the wireless communications tower site will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; That the establishment of the wireless communications tower site will not impede the normal and orderly development and improvement of surrounding property; That adequate utilities, access roads, drainage, and other necessary supporting facilities have been or will be provided; That the design, location, and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration; That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations in the preamble of this ordinance are incorporated herein by reference. SECTION 2. A specific use permit is hereby granted to allow wireless commtmications tower over 85' in height on the Property within an Industrial Center Employment (IC-E) zoning district classification and use designation. SECTION 3. Any person violat'mg 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 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 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 ~of, (/~'~/~,d-~'. 2003. ATTEST: JENI~R W~TE~, CIw SEC~T~Y ~~~TTO~Y BY: ~~ P~OE 2 TITAN TO' ERS LEASE PROPERTY/[/] I 111 TOWERSITEDESCRIPTION5625SQUAREFEET 0CT182002 ] PLANNING & DEVELOPMENT SITUATED in Denton County, Texas, in the William Daniel Survey, Abs~act No. 387, being a part of the 1.763 acre tract described in a deed from Fannie Rachel Walker to Raymond W. Walker and wife, Amanda Walker, dated February 21, 1978, recorded in Volume 876, Page 477 of the Denton County Deed Records, being described by metes and bounds as follows: COMMENCING at an iron pin found at the northwest comer of a 1/4 acre tract described in Volume 585, Page 627, same being the northeast comer of a 1.089 acre tract described in Volume 976, Page 389; THENCE South 88° 45' 49" Fast, with the north lines of said 1/4 acre tract and 1.763 acre tract, 266.18 feet; THENCE South 1° 14' 11" West, 15.00 feet to the PLACE OF BEGINNING, a 1/2-inch iron pin set bears South 1° 14' 11" West, 5.00 feet; THENCE South 88° 45' 49" East, parallel with the north line of said 1.763 acre tract, 75.00 feet to a 1/2- inch iron pin set; THENCE 1° 14' 11" West, 75.00 feet to a 1/2-inch iron.pin set; THENCE 88° 45' 49' West, parallel with the north line of said 1.763 acre Wact 75.00 feet to an 1/2-inch iron pin set; THENCE 1° 14' 11" Fast, gassing said l/2-inch iron pin set at 70.00 feet and continuing in all 75.00 feet to the PLACE OF BEGINNING and containing 5625 SQUARE FEET OF LAND. DESCRIPTION 0.31 ACRE 1S ]FOOT ACCESS & UTILITY EASEMENT SITUATED in Denton County, Texas in the William Daniel Storey, Abstract No. 387, being a 15 foot wide access and utility easement over and across thc 0.157 acre tract described in a deed from Fannie Rachel Walker to Raymond W. Walker and wife, fi-magla Walker, dated February 21, 1978, recorded in Volume 876, Page 477, thc I/4 acre tract described in a deed from Fannie Rachel Walker to Raymond W. Walker and wife, Amanda Walker, dated June 3, 1969, recorded in Volume 585, Page 627, and a gatt of the 1.763 acre Iract described in said Volume 876, Page 477, all deeds of the Denton County Deed Records, being described by metes and bounds as follows: BEGINNING at the southeast comer of said 0.157 acre tract, in the cast fight-of-way line of U.S. Highway No. 377 (variable width); an iron pin found bears North 88° 47' 04" West, 0.61 feet; THENCE 4° 38' 10' East, with the west line of said 0.157 acre tract and the east right-of-way line of said U. S. Highway No. 377, 15.03 feet to the northeast comer of said 0.157 acre tract; THENCE South 88° 47' 04" East, with the north line of said 0.157 acre tract, gassing an iron pin found at the southeast comer ora 0.8930 acre tract recorded in Volume 1202, Page 181 at 207.7 feet, passing the northeast comer of said 0.157 acre h'act at 453.0 feet, and continuing in ali 777.02 feet; THENCE North 1° 14' 11" East, 103.69 feet to a point on the south line of the above-described 5625 square feet tower site; THENCE South 88° 45' 49" East, 15.00 feet to a l/2-inch iron pin set at the southeast comer of said tower site; THENCE North 1° 14' 11" West, 118.69 feet to a point in the south line of said 1.763 acre lract; THENCE South 88° 47' 04" West, with the south lines of said 1.763 acre tract, 1/4 acre tract and 0.157 acre tract, passing an iron pin found by comer post at the southwest comer of said 1/4 acre tract at 338.86 feet and . continuing in all 792.91 feet to the PLACE OF BEGINNRqG and containing 0.31 ACRE OF LAND. DIRECTIONAL CONTROL LINE: Centerlinc of U. S. Highway No. 377, according to the map thereof in the Highway Department office in Denton, Texas. CONTROLLING MONUMENTS: Concrete marker found on east R. OW. line, 60 feet lei~ of centerline station 120+88.9, and concrete marker found on east ILO.W. line, 90 feet left of centefline station 104+80.6. According to Flood Insurance Rate Map No. 48121C0370E, dated April 2, 1997, the land platted hereon does not lie within the limits of the 100-year flood plain. The above-described wacts of land were surveyed on the ground under my supervision on October 12, 2002. PROPERTY PARENT TRACTS TRACT 4: All that certain lot. tract or parcel of land, lying and being situated in the County of Denton, State of Texas and being in the William Daniel Survey, Abstract 378, City and County of Dunton, Texas, being all of TRACT ONE and part of TRACT TWO described ia a Deed from C.D. Smith et ux to Glen E. Walker et t~x, on August 6, 1952, and recorded ia Volume 382, Page 59, Deed Records of said County, and being more particularly described as follows: BEGINNING at an iron pipe at the Northeast comer of said tract on the North line of said survey; THENCE S. 3° 55' 10" W. 209.0 feet to a stee! pin at the Southeast comer of said tract; THENCE N. 86° 13' W. with a fence on the South line of said tract 365.75 feet to a steel pin; THENCE bi. 3© 00' 10" E. 209.02 feet to a steel pin ia a fence on the North line of said tmet and the North line of said Daniel Survey; THENCE S. 86° 13' E. with said Survey line along and near said fence 369.09 feet to the PLACE OF BEGINNING and CONTAINING in all 1.763 acres of land. TRACT 8: All that certain lot, tract or parcel of land, lying and being situated ia the County of Denton, State of Texas and being ia the William Daniel Survey, Abstract 378, Demon County, Texas, being part of a SECOND TRACT described ia a Deed from C.D. Smith et ux to Glen E. Walker et ur,, on August 6, 1952 and recorded ia Volume 382, Page 59, Deed Records of said County, and being more particularly described as follows: BEGINNING at a steel pin on the East right-of-way of U.S. Highway 377 at the Southwest comer of said SECOND TRACT deeded to Glen Walker; THENCE N 8° 24' 08" E. with the East tight-of-way of said Highway 15.05 feet to a steel pin; THENCE S. 86° 13' E. 453.99 feet to a steel pin at a fence comer, THENCE S. 3° 00' 10" W. 15.0 feet to a steel pin at a post in a fence on the South Boundary Line of said Walker THENCE N 86° 13' W. with the South Boundary Line of said Wlaker tract 455.40 feet to PLACE OF BEGINNING, CONTAINING ia all 0.157 acre of land. TRACT 5: All that certain lot, tract or parcel of land, lying and be'mg situated ia the William Daniel Survey, Abstract 378, City and County of Denton, Texas, being part of a SECOND TRACT described ia a deed form C.D. Smith et ux to Glen E. Walker et ux, on August 6, 1952 and recorded in Volume 382, Page 59, Deed Records of said County, and being more parfienlarly described as follows: BEGINNING at a steel pin at a fence comer post on the North Boundmy Line of said Survey at the North Northwest of said SECOND TRACT; THENCE S. 86° 13' E. along and near a fence on the North Boundmy Line of said Survey 52.25 feet to a steel pin; THENCE S. 3° 00' 10" W. 209.02 feet to a steel pin ia a fence on the South Boundmy Line of said SECOND TRACT; THENCE N. 86© 13' W. with a fence on the South Boundary Line of said tract 52.25 feet to a steel pin at a post; THENCE N. 3° 00' 10" E. passing at 15.0 feet a steel pin at a fence comer post and continuing in all 209.02 feet to the PLACE OF BEGINNING CONTAINING iaail 0.251 acre of land PROPERTY PARENT TRACTS (Continued) TRACT 6: All that certain lot, tract or parcel of land, lying and being situated in the County of Denton, State of Texas and being situated in the William Dalliel Survey, Abstract 378, Denton County, Texas, being the residue of a certain (called) 5.8 acre tract described in a Deed from Emmetl B. Wyan et ux, to Tom Tyler on October 11, 1941, recorded in Volume 294, Page 270, Deed Records of said County, and being more pa~icularly described as follows: BEGINNING at a steel pin on the North line of said survey and of said 5.8 acre tract, near a fence at a point S. 86° 13' E. 200.0 feet from its Northwest comer, THENCE S. 86° 13' E. with said survey line and North line of said tract, alog and near said fence 243.30 feet to a fence comer; THENCE S. 3° 00' 10" W. with said fence 194.02 feet to a steel in on the North line of a 15 foot wide lane near a fence comer;~ ' THENCE N. 86° 13 ' W. with the North line of said lane near said fence ~ of the way, a distance of 245.95 feet to a steel pin; THENCE N 3° 47' E. 194.0 feet to the PLACE OF BEGINNING and CONTAINING in all 1.089 acres of land.