2002-146AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A TELECOMMUNICATIONS TOWER ON 0.7 ACRES OF LAND DESCRIBED
AS LOT 3, BLOCK K OF THE EAST INDUSTRIAL PLAZA ADDITION AND COMMONLY
KNOWN AS 1911 VIRGINIA STREET, WITHIN AN EMPLOYMENT CENTER-
COMMERCIAL (EC-C) DISTRICT CLASSIFICATION AND USE DESIGNATION;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z02-0001)
WHEREAS, Zone Systems, on behalf of Cingular Wireless, has applied for a specific use
permit for a telecommunications tower on 0.7 acre of land described as Lot 3, Block k of the East
Industrial Plaza Addition, commonly known as 1911 Virginia Street (the "Property"), within an
Employment Center-Commercial (EC-C) zoning district classification and use designation; and
WHEREAS, on April 10, 2002, the Planning and Zoning Commission recommended
approval of a Specific Use Permit for a telecommunications tower; and
WHEREAS, the City Council finds that the Specific Use Permit is consistent with The
Denton Plan; and
WHEREAS, in accordance with Section 35.6.5 of the Denton Development Code, the City
Council finds that all of the following conditions exist:
The specific use 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;
The establishment of the specific use, a telecommunications tower, will not impede
the normal and orderly development and improvement of surrounding property;
Adequate utilities, access roads, drainage, and other necessary supporting facilities
have been or will be provided;
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;
Adequate nuisance prevention measures have been or will be taken to prevent or
control offensive odor, fumes, dust, noise, and vibration;
Proposed lighting will be provided so as not to disturb or adversely affect
neighboring properties; and
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There is sufficient screening to ensure harmony and compatibility with adjacent
property; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. A specific use permit is hereby granted to allow a telecommunications tower
on the Property, within an Employment Center-Commercial (EC-C) zoning district classification and
use designation, in accordance with the site plan attached hereto and incorporated herein as Exhibit
SECTION 2. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 3. 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 4. 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 14th day of May, 2002.
EUL1NE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
A~ DVED AS TO LEGAL~RM:
BY: - ~-~ / /
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EXHIBIT A ~,