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2000-200 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 99- 257 TO PROVIDE FOR A DETAILED PLAN FOR APPROXIMATELY 0 08 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 172 (PD-172) ZONING DISTRICT, THE SUBJECT PROPERTY BEING LOCATED ON THE SOUTH SIDE OF THE INTERSECTION OF NOWLIN ROAD AND NOWLIN ROAD, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-00-007) WHEREAS, on;August 3, 1999, by Ordinance 99-257, the City Council approved a change m zomng for 65 17 acres of land to Planned Development 172 (PD-172) Zoning Dmtnct, and WHEREAS, the aforementioned Ordinance 99-257 specifically dedicated a 0 082 acre parcel of PD-172 for a telecommumcatlons tower s~te, and WHEREAS, on April 11, 2000, Masterplan, on behalf of Pr~meCo Personal Commumcatlons, submitted a Detailed Plan for the aforementioned 0 082 acre s~te wtth the intent to place an eqmpment bufldmg on the telecommumcat~ons tower s~te, and WHEREAS, on May 10, 2000, the Planmng and Zomng Commission recommended approval of a Detailed Plan for such 0 082 acre, and WHEREAS, the C~ty Council finds that the Detailed Plan m consistent with the approved amended Concept Plan for PD-172, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS EC I~_~TLQ_N_[ That Ordinance No 99-257 prowdmg for the approval of a Planned Development Zonmg Dlstluct Classification and Use Deslgnahon for the property desclubed as PD-172 m amended by approwng the Detailed Plan attached hereto and incorporated hereto by reference as Exhibit B for 0 082 acre located within PD-172, more particularly described by the legal description attached hereto and incorporated herem by reference as Exhibit A, and subject to the following condition I Llghtmg on the property shall be designed and maintained so as not to shme on or otherwise disturb surroundmg residential property or to shine and project upward to prevent the diffusion into the mght sky 2 The hwng screen shown on the detailed plan shall consist of shrubbery of the holly vanety ~ That the provisions of th~s ordmance as they apply to the 0 082 acres shown m the detmled plan hereto approved, shall govern and control over any conflicting prowslons of Ordinance No 99-257, but all the provisions of Ordinance No 99-257 as they apply to that remalmng portion of the district not here~n amended, shall continue In force and effect and shall apply to the remainder of said dxstnct SE I.__EQ.T.[~X2 That a copy of tlus ordinance shall be attached to Ordinance No 99-257 showing the amendment hereto approved SE__.EG.!I.Q..hLt That any person wolatlng any prows~on of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a prowston of this ordinance ~s v~olated shall constitute a separate and d~st~nct offense SE__~LT.J_Q_.N~ That 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, official newspaper of the City of Denton, Texas, within ten (10) days of the date of Its passage /~ PASSED AND APPROVED tlus the ~ day of~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY PAGE 2 O~JZ4~A EXHIBIT "A" LFCAL DESCRIPTION LEASE AREA I l.hot certain tract o,r parcel of land ly, ng and be ng s,tuoted ~n tbs Berry Merchant Survey, Abstract o 800, Denton Counl~¥, Texas and being part of o tract o~ land os conveyed to PenneI-Ford, L C z Warranty Deed with!Vendor's. Lien doted Apr? ,8, 1997, and, re.co.rded. ,n ?o~unt?_ C.l_e,,r_k _F,le No 97- 32,5994 Records, Den[on County, /exes. one oe~ng more paruculor~y oescr~oeo as 3MM£NCINO at the center line of Nowlin Rood (right-of-way vor~es) ~3nd northeast corner of ~nnel-- Ford L C. tract. fENCE along on the east. hne of sold PenneI-Fort L C tract, South 02 degrees aa m~nutes 55 seconds ]St, O distance of 18.Z,3 feet to o 5/8" ~ron rod set for the POINT OF BEGINNING hereof, IENC£ continuing on the west line of auld Pennel- Ford L C. South 02 degrees O0 m~nutes ,55 second ~st, o d~stonce of 60 04 feet to o 5/8" ~ron rod set for the corner. IENCE through Interior of sold Pennel- Ford L. C. [he following three (5) courses. North 89 degrees 51 minutes 27 seconds West, a d~stance of 60 04 feet. to o 5/8" ~ron rod set for t )rner~ North' 02 degrees O0 m~nutes ,55 ,seconds West, o d~'~tance of 60 04 feet to o 5/8" ~ron rod set for t )rhea,, . South 89 degrees 51 minutes 27 seconds East, a d~stonce of 60 04 feet to o po~nt to the POINT OF .GINN, ING and contemning 3603 equate ,teat or 0 0827 acres of land, more or less EXHIBIT "B"