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Home My WebLink About2002-391I � t ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A GAS WELL DEVELOPMENT ON 45.7 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF ROSELAWN DRIVE AND BONNIE BRAE, WITHIN A NEIGHBORHOOD RESIDENTIAL 4 (NR-4) 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. (Z02-0049) WHEREAS, Bob Cates, on behalf of Alan Chamberlain and Curtis Elder, has applied for a specific use permit for gas well development on 45.7 acres of land located at the northeast corner of Roselawn Drive and Bonnie Brae, within a Neighborhood Residential 4 (NR-4) zoning district classification and use designation; and WHEREAS, on October 23, 2002, the Planning and Zoning Commission recommended approval of a Specific Use Permit for gas well sites; and WHEREAS, the City Council finds that the Specific Use Permit is consistent with the Denton Plan policies; and WHEREAS, in accordance with Article III, Division 4, of Chapter 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 gas well sites 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 gas well sites lot 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 PAGE 1 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 contained in the preamble of this ordinance are incorporated herein by reference. A specific use permit is hereby granted to allow two gas well sites on 45.7 acres of land described in the legal description attached hereto and incorporated herein as Exhibit "A" and located at the northeast corner of Bonnie Brae and Roselawn Drive, within a Neighborhood Residential 4 (NR-4) zoning district classification and use designation. 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 104 day of , 2002 &&,,A, �_ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: AP P VED S TO LEGAL FORM: HERBERT LsPIOUTY, MY ATTORNEY POWWOW Exhibit A FIELD NOTES 45.715 ACRES BEING all that certain lot, tract or parcel of land situated in the 0. Brewster Survey Abstract Number 56 and in the J. Edmondson Survey Abstract Number 400 and in the Aso Hickman Survey Abstract Number 521 in the City of Denton, Denton County, Texas, being all that certain tract of land conveyed by deed from Estate of Lorry B. White Sr. to Estate of Edgar Horace Linden recorded in Volume 3378, Page 412, Real Property Records Denton County, Texas and being all that certain tract of land conveyed by deed from Viviam Mae (Ables) Vaughn et of to A/onm R. Chamberlain and Curtis J. Elder recorded in Volume 4542, Page 950, Real Property Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a fence corner for corner in the east line of South Bonnie Brae, a public roadway, said point being the southwest corner of that certain tract of land conveyed byy deed from Earl M. Wilson to Sue M. Wilson recorded in Volume 774, Page 633, Deed Records, Denton County, Texas; THENCE N 86' 22' 52" E, 267.97 feet with the south line of said Wilson tract to a fence corner for corner in the west line of that certain tract of land conveyed by deed from Boyd Newman and Weldon 0. Taylor to Om P. Singla et al recorded in Volume 1174, Page 134, Deed, Denton County, Texas and in the west line of the A. Tompkins Survey Abstract Number 1246; THENCE S 00' 25' 13" E, 333.04 feet with said west line of said Singla et a/ tract and with said west line of said Tompkins . Survey to on iron rod found for corner in the north line of said J. Edmondson Survey Abstract Number 400 said point being the southwest corner of the A. Tompkins Survey Abstract Number 1246, THENCE N 89' 58' 48" E, 814.11 feet with the south line of said Singla et a/ tract and with the south line of said Tompkins Survey to an iron rod found for corner, said point being the southwest corner of said Chaberlain and Elder tract; THENCE N 00' OX 42" E, 407.91 feet with the west line of said Chamberlain and Elder tract to an iron rod found for corner, said point being the northwest corner of said Chamberlain and Elder tract; THENCE N 89' 14' 28" E. 56t23 feet with the north line of said Chamberlain and Elder tract to an iron rod found for corner in the west line of the Gulf, Colorado and Santa Fe Railroad right—of—way; THENCE along the arc of a curve to the right having a central angle of 00' 43' 35" a radius of 7565.10 feet, an arc length of 95990 feet, whose chord bears S 30' 28' 49" E, 98.89 feet with said west line of said Railroad Company right—of—way to a cross —tie fence corner for corner; THENCE along the arc of a curve to the right having a central angle of 08' 15' 00" a radius of 5654.70 feet an arc length of 814.23 feet, whose chord bears S 25' 38' 27A E, 813.52 feet with said west line of said Railroad Company right—of—way to a cross —tie fence corner for corner in he west line of Home Acres, an addition to the City of Denton, Denton County, Texas according to the plot thereof recorded in Volume 1, Page 7112, Plot Records, Denton County, Texas; THENCE S 00' 19' 17" W, 470.58 feet with said west line of said Home Acres to a cross —tie fence corner for corner in the north line of Roselown Road, a public roadway, THENCE N 84' 19' 50" W, 692.45 feet with said north line of said Roselawn Road to a 36" oak tree for corner, THENCE N 77' 44' 47" W, 283.79 feet with said north line of said Roselown Road to on iron rod set for corner in the east line of said J. Edmondson Survey Abstract Number 400; THENCE N 89' 45' 37" W, 1235.09 feet with' said north line of said Roselown Road to a fence corner for. corner in said east line of said South Bonnie Brae; THENCE N 11' 34' 43" E, 510.58 feet with said east line of said South Bonnie Brae to a fence post for corner; THENCE N 05' 42' 48" E, 555.89 feet with said east line of said South Bonnie Broe to the PLACE OF BEGINNING and containing 45.715.acres of land.