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2001-387O INANC NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT'FOR A TELECOMMUNICATIONS TOWER ON 0 34 ACRES OF LAND LOCATED AT 1217 WEST OAK, WITHIN A GENERAL RETAIL (GR) ZONING 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 (Z01-0015) WHEREAS, Hart Mason, on behalf of Curtis Loveless, has applied for a specific use permit for a telecommunlcanons tower on 0 34 acres of land located at 1217 West Oak, w~th~n a General Retaal (OR) zomng district elasmficatlon and use demgnatlon, and WHEREAS, on September 12, 2001, the Planmng and Zomng Comm~sslon recommended approval of a Specific Use Permit for a teleeommtmlcat~ons tower, and WHEREAS, the City Council finds that the Specffic Use Permit lS consistent with the Denton Plan, and WHEREAS, m accordance with Article III, Dlvlmon 4, of Chapter 35 of the Code of Ordinances of the City of Denton, Texas, the City Council finds that all of the following conditions exist The specific use will be compatible w~th and not inJUriOUS to the use and enjoyment of other property nor mgmficantly dlmlmsh or impmr property values within the xmmextlate vlcmlty, The establishment of the specific use, a telecommumcat~ons tower, will not impede the normal and orderly development and improvement of surrounding property, Adequate utilities, access roads, drmnage, 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 eonvement movement of vehicular and pedestrian traffic wxthout adversely affeetmg the general public or adjacent developments, Adequate nmsance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and wbranon, Directional hghtmg will be provided so as not to disturb or adversely affect nelghbonng properties, and There is sufficient landscapmg and screemng to ensure harmony and compatibility with adjacent property, NOW, THEREFORE, PAGE 1 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA1NS SECTION 1 A speeffic use permit to allow a telecommumcat~ons tower on a 0 34 acres of land described m the legal description attached hereto and incorporated herein as Exhibit "A" and located at 1217 West Oak, w~thtn a General Retml (GR) zomng district classfficat~on and use deslgnat~on, and the s~te plan attached hereto and incorporated herein as Exhibit "B," are hereby approved subject to the following condmons The trash dumpster shall be relocated out of the access and fire lane easement SECTION 2 The C~ty's officml zoning map ~s amended to show the change ~n zomng dmmct classfficat~on SECTION 3 Any person wolatmg any provls~on of this orchnance shall, upon conwctlon, be fined a sum not exceeding $2,000 00 Each day that a prowslon ofth~s ordinance is wolated shall constitute a separate and d~stmct offense SECTION 4 Th~s ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the C~ty Secretary ~s hereby d~rected to cause the caption of th~s ordinance to be pubhshed twice m the Denton Record-Chromcle, a dmly newspaper pubhshed ~n the C~ty of Denton, Texas, watlun ten (10) days of the date of~ts passage PASSED AND APPROVED tbas the~5 -- ay o October, 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERB~Y ATTORNEY PAGE 2 EXHIBIT A COUNTY OF DENTON STATE OF TEXAS SPRINT SPECTRUM, L.P. UNIVERSITY NORTH TEXAS-TX TOWER SITE 0.32-ACRE PARENT TRACT Description for a tract of land situated in the E Puchalsla Survey, Abstract No 996, Denton Count~, Texas, being the 4th tract in the deed to The Loveless Family Limited Partnership, Ltd. recorded in File No. 97-R0004934, Deed Records, Denton County, Texas, being more particularly described by metes and bounds as follows Beginning at a 5/8" rebar rod found (control monument) m the south line of West Oak Street for the northeast corner of said 4th tract and the northwest corner of the 5m tract in the deed to said Loveless Family Limited Partnership, Ltd., which lies east, 67.48 feet from an "x" found i(control monument) in the south line of West Oak Street for the northea.s.t corner of said 5th tract and the northwest corner of tract I m the I Boyd Fadgeway Addition; Thence S.00°00'18"E., 160.00 feet along the common line between said 4th and 5m tracts to a 1/2" capped 1983 rebar rod set for the southeast corner of said 4ta tract and the southwest corner of said 5m tract and in the north line of the 1't tract to The Loveless Famdy Limited Partnership, Ltd. recorded in File No. 97-R0004934, Deed Records, Denton County, Texas; Thence S.89°59'42"W., along the common hne between said 4th tract and said 1st tract at 5.38 feet passing the northwest corner of said 1't tract and the northeast corner of the 3rd tract to The Loveless Family Limited Partnership, Ltd. recorded m File No. 97-R0004934, Deed Records Denton County, Texas, continuing along the common hne between said 4th tract and said 3rd tract to n 1/2" capped 1983 rebar rod set for the sonth~ est corner of said 4th tract same being the southeast corner of the 6m tract to The Loveless Family Limited Partnership, Ltd. recorded in File No. 97-R0004934, Deed Records, Denton County, Texas, in the north line of said 3rd tract; Thence N.00°00'IS"W., 160.0 feet along the common line between said 4m tract and said 6m tract to a 1/2" capped 1983 rebar rod set in the south line of said West Oak Street for the northwest corner of said 4th tract and the northeast corner of said 6th tract; Thence N.89°59'42"E., 86.0 feet along the south line of said West Oak Street and the north line ol~ said 4m tract to the point of beginning and containing 13,760 square feet of land or 0.32-agres, more or less. DATE Conner Stevens 1LP.L.S. # 1983 State of Texas COUNTY OF DENTON STATE OF TEXAS SPRINT SPECTRUM, L.P. UNIVERSITY NORTH TEXAS-TX TOWER SITE 0.01-ACRE TOWER SITE LEASE Description for a proposed tower lease site situated in the E Puchalslo Survey, Abstract No 996, Denton County, Texas, being a port, on of the 4Ch Tract of land described m the deed to Loveless Famdy Limited Partnership, LTD., recorded in File No. 97-R0004934, Denton County, Texas, being further described by metes and bounds as follows: Commencing at a 5/8" rebar rod found (control monument) m the south line of West Oak Street for the northeast corner of sa~d 4th Tract and the northwest corner of the 5th Tract of land described in the deed to Loveless Famdy Limited Partnership, LTD., recorded in Fde No. 97-R0004934, Denton County, Texas, which hes West, (base bearing per deed recorded m File No. 97-R0004934, Denton County, Texas), along said south line of West Oak Street, 67.48 feet (deed=67.$0') from an X found m concrete (control monumen0 being the northeast corner of sa~d $¢h Tract and the northwest corner of Tract 1 of the I. Boyd RIdgeway Addition; Thence S.00°00'IS"E., 94.31 feet along the common hne between said 4th and 5th Tract to a 1/2" capped 1983 rebar rod set for the Point of Begmmng of this described lease s~te; Thence S.00°00'IS"E., 20.0 feet along said common line between said 4th and sth Tracts to a 1/2" capped 1983 rebar rod set for the southeast corner of this described lease s~te; Thence N.89°49'Ol"W., 30.0 feet to a 1/2" capped 1983 rebar rod set for the southwest corner of this described lease site; Thence N.00°00'18"W., 20.0 feet to a 1/2" capped 1983 rebar rod set for the northwest corner of this described lease site; Thence S.89 49 01 E., 30.0 feet to the point of beginning and containing 600 square feet of land more or less. DATE Conner Stevens R.P.L.S. # 1983 State of Texas COUNTY OF DENTON STATE OF TEXAS SPRINT SPECTRUM, L.P. UNIVERSITY NORTH TEXAS-TX TOW'ER SITE 0.02-ACRE ACCESS & UTILITY EASEMENT AND FIRE LANE Descriptmn for a proposed access and utility easement and fire lane s~tuated in the E. PuchalSla Survey, Abstract No. 996, Denton County, Texas, being a port~on of the 4th Tract of land described in the deed to Loveless Famdy L~mited Partnership, LTD., recorded m Fde No 97-R0004934, Denton County, Texas, being further described by metes and bounds as follows: Begmning at a 5/8" rebar rod found (control monumen0 ~n the south line of West Oak Street for the northeast corner of said 4tb Tract and the northwest corner of the 5th Tract of land described in the deed to Loveless Family Limited Partnership, LTD, recorded in File No. 97- R0004934, Denton County, Texas, which hes West, (base bearing per deed recorded in File No. 97-R0004934, Denton County, Texas), along sa~d south line of West Oak Street, 67.48 feet (deed=67.50') from an X found in concrete (control monument) for the northeast corner ofsa~d 5tb Tract and the northwest corner of Tract 1 of the I Boyd Padgeway Addmon; Thencel S.89°59'42"W., 10.0 feet along sand south hne of West Oak Street to the Point of Beginning of this described easement; Thence. S 00°00' 18"E, 94 28 feet; Thence N.89°49'01"W., 20.0 feet; Thence N 00°00'18"W., 94.21 feet; Thence N.89°59'42"E., 20.0 feet to the point of beginmng and containing 1,885 square feet of land more or less. D ~TE Conner Stevens R.P.L.S. # 1983 State of Texas COUN~FY OF DENTON STATE OF TEXAS SPRINT SPECTRUM, L.P. UNIVERSITY NORTH TEXAS-TX TOWER SITE 0.03-ACRE UTILITY EASEMENT I Description for a proposed ten-foot utility easement (utility easement 1) situated in the E Puchalski Survey, Abstract No. 996, Denton County, Texas, being a portion of the 4th Tract of land described in the deed to Loveless Family Limited Partnership, LTD., recorded in File No. 97-R0004934, Denton County, Texas, being further described by metes and bounds as follows: Beginning at a 5/8" rebar rod. found (control monument) in the south hne of West Oak Street for the northeast corner of said 4th Tract and the northwest corner of the 5th Tract of land described in the deed to Loveless Family Lim~ted Partnership, LTD, recorded in File No. 97- R0004934, Denton County, Texas, which lies West, (base bearing per deed recorded in File No. 9%R0004934, Denton County, Texas), along said south line of West Oak Street, 67.48 feet (deed--67.50') from an X found in concrete (control monumen0 for the northeast corner of said 5th Tract and the northwest corner of Tract 1 of the I Boyd Padgeway Addition; Thence S.00°00'IS"E., 114.31 feet along the common line between said 4th and 5th Tracts; Thence N.89°49'01"W., 10.0 feet; Thence N.00°00'18"W., 114.28 feet to a point in the south hne of said West Oak Street and in the north hne of said 4t~ Tract; Thence East, 10.0 feet along the south line of said West Oak Street and the north hne of said 4ta Tract to the point of begmmng and containing 1,143 square feet of land or 0 03 acres, more or less. DATE Conner Stevens R.P.L.S. # 1983 State of Texas COUNTY OF DENTON STATE OF TEXAS SPRINT SPECTRUM, L.P. UNIVERSITY NORTH TEXAS-TX TOWER SITE 0.01-ACRE UTILITY EASEMENT II Description for a proposed ten-foot utility easement (uhhty easement II) s~tuated in the E Puchalski Survey, Abstract No. 996, Denton County, Texas, being a portion of the 4th Tract of land described in the deed to Loveless Family L~mited Partnership, LTD., recorded in Fde No. 97-R0004934, Denton County, Texas, being further described by metes and bounds as follows: Beginning at a 5/8" rebar rod found (control monumen0 ~n the south hne of West Oak Street for the northeast corner of said 4th Tract and the northwest corner of the 5th Tract of land described in the deed to Loveless Family Limited Partnership, LTD., recorded in File No. 97- R0004934, Denton County, Texas, which lies West, (base bearing per deed recorded ~n File No. 97-R0004934, Denton County, Texas), along sa~d south line of West Oak Street, 67 48 feet (deed=67.50') from an X found in concrete (control monument) for the northeast corner of said 5th Tract and the northwest corner of Tract I of the I Boyd Rldgeway Addition; Thence East, along said south line of West Oak Street 67.48 feet to an X found in concrete for the northeast corner of smd 5th Tract and the northwest corner of Tract 1 of the I. Boyd Ridgeway Addition; Thence S.00°00'46"E, along the common hne between said 5th Tract and sa~d Tract 1 10 0 feet; Thence West, 67.48 feet to the common line between said 4th and 5th Tracts, Thence N.00°00'IS"W., 10.0 feet along the common hne between said 4th and 5th Tracts to the point of beginning and containing 675 square feet of land or 0.02 acres, more or less. DATE Conner Stevens R.P L S # 1983 State of Texas EXHIBIT 11 t1111! ~ 4 l!l.q i B 0© ZO 't li!l ~.1!11 ~, ~.,-, J,I,I I