2013-351sAlegal \our documents \ordinances \13 \z13 - 0006 - version 3 doc
ORDINANCE NO. 201 3 -351
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR -2) ZONING DISTRICT AND
USE CLASSIFICATION TO A NEIGHBORHOOD RESIDENTIAL 3 (NR -3) ZONING
DISTRICT AND USE CLASSIFICATION ON APPROXIMATELY 75.3 ACRES OF LAND
LOCATED ON THE SOUTH SIDE OF RYAN ROAD, APPROXIMATELY 950 FEET EAST
OF COUNTRY CLUB ROAD (FM 1830) AND 800 FEET WEST OF FORRESTRIDGE
DRIVE, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AND PROVIDING FOR
A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE (Z13- 0006).
WHEREAS, Bob Shelton Enterprises ( "Developer ") has applied for a change in zoning
on approximately 75.3 acres of land legally described in Exhibit "A" and depicted in Exhibit
"B ", attached hereto and incorporated herein by reference (hereinafter, the "Property "), from a
Neighborhood Residential 2 (NR -2) zoning district and use classification to a Neighborhood
Residential 3 (NR -3) zoning district and use classification; and
WHEREAS, on September 25, 2013, the Planning and Zoning Commission held a public
hearing as required by law, and upon conclusion of the public hearing, the Planning and Zoning
Commission adopted a motion that recommended approval (6 -1) of the change in zoning; and
WHEREAS, on November 5, 2013 the City Council held a public hearing as required by
law, at which time concerns were raised regarding existing gas well sites that are located in a gas
well development plat that overlaps the area to be re- zoned; and
WHEREAS, there are five gas well sites depicted on a Gas Well Development Plat that
was approved by the City on March 28, 2002 (GWP02 -006), Exhibit "C" to this Ordinance,
located on or within 1,200 feet of the land subject to this zoning change; and
WHEREAS; Exhibit "C" shows four pad sites located inside the City limits and one
located in the City's Extraterritorial Jurisdiction; and
WHEREAS, the re- zoning of the Property will result in homes being built in close
proximity to some of the pad sites; and
WHEREAS, upon conclusion of the public hearing a motion to approve the requested
zoning was made, however the motion failed for lack of a majority, and thus the zoning request
was denied; and
WHEREAS, per Section 2- 29(g)(11) of the City Code of Ordinances, a Council Member
who voted against the November 5, 2019 motion requested that the Council reconsider the denial
of the rezoning request, and
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WHEREAS, on November 19, 2013, the Council made and adopted a motion to
reconsider the rezoning request and further directed City Staff to schedule a new public hearing
for the item, as well as directing City Staff to provide notice of the public hearing as required by
State law and City Ordinance; and
WHEREAS, on December 17, 2013, the City Council held a public hearing as required
by law; and
WHEREAS, the City Council finds that overlay restrictions are necessary to address the
concern regarding the construction of homes in close proximity to the gas well sites; and
WHEREAS, the City Council finds that the requested change in zoning, together with
the overlay restrictions identified herein, are consistent with the Denton Plan and the
Development Code; 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 as true.
SECTION 2. The zoning district and use classification for the Property is hereby
changed from a Neighborhood Residential 2 (NR -2) to a Neighborhood Residential 3 (NR -3),
subject to the following overlay restrictions:
A Type D landscape buffer, per Section 35.13.8.13 of the Denton Development Code is
required between the single family and the existing drilling site on the property.
2. Developer, and his successors or assigns, shall give notification of the location and
existence of the gas well pad sites depicted on Exhibit "C ", using each of the following
listed mechanisms, to purchasers of lots in the Property that are within 1,200 feet of those
gas well pad sites, except for those sites and their mineral interests which are eliminated
through abandonment, with all owners of the right to explore and produce the mineral
estate in, on and under such sites permanently and irrevocably waiving and surrendering
any and all right to use the surface of such sites, in any way, manner or form, related to
the exploration and production of such mineral estate, and further subordinating their
mineral interests in, on and under such sites to the surface use development interests.
a. A note in substantially the form specified in Exhibit "D" attached hereto, shall be
placed on the residential plat identifying the gas well sites depicted on Exhibit
"C ", except for those sites and their mineral interests which are eliminated
through abandonment, with all owners of the right to explore and produce the
mineral estate in, on and under such sites permanently and irrevocably waiving
and surrendering any and all right to use the surface of such sites, in any way,
manner or form, related to the exploration and production of such mineral estate,
and further subordinating their mineral interests in, on and under such sites to the
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sAlegal \our documents \ordinances \13\z13 - 0006 - version 3.doc
surface use development interests. Said note shall also include a statement that
advises lot purchasers of the existence of producing wells, as well as the
possibility that wells on the pad sites may be re- drilled and /or re- fracked in the
future.
b. There shall be included in:
(1) the subdivision's Declaration of Restrictive Covenants; or
(2) a restriction in the Deeds for all subdivision lots;
the same information described in subsection 2.a., above.
Notwithstanding the attached real property description, the property being rezoned
includes all property to the centerline of all adjacent street rights -of -way
SECTION 3. 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 4. 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 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 t
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
1'1
A1'l,�AOVI O- /AS TO LEGAL FORM:
ANI °I'A BURGESS, CITY ATTOI NEY
BY: ,� � ,... ..
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EXHIBIT A
LEGAL DESCRIPTION
FiWiff
Fj.TaW5T 104
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1f' O 1
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EXHIBIT B
LOCATION MAP
a 500 1,000
Feet
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sAlegahour documents \ordinances \13\z13 - 0006 - version 3.doc
EXHIBIT D
GAS WELL DEVELOPMENT PLAT
Section Notice of Proximity to Gas Well Drilling and Production Sites.
Substantially all of the Lots are within 1,200 feet of Gas Well Drilling and Production Sites. A
map showing the location of the Sites in relation to the Lots is attached. As of the date of this
Declaration, producing gas wells are located on two of these Sites. Additional drilling and /or
fracking operations may occur on any of these Sites in the future. Notwithstanding any provision
of this Declaration to the contrary, this Section may not be amended or terminated unless the
City of Denton shall consent to such amendment or termination.
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