2014-168s:\legal\our documents\ordinances\14�z14-0002 revised.docx
�., . � � i •i�
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A REZONING
OF 2.98 ACRES FROM NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING
DISTRICT TO NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING
DISTRICT WITH A MIXED USE RESIDENTIAL PROTECTION OVERLAY, THE
SUBJECT PROPERTY IS GENERALLY LOCATED ON THE WEST SIDE OF TEASLEY
LANE, ACROSS FROM RANCHMAN BLVD., AND IS LEGALLY DESCRIBED AS A 2.98
ACRE PORTION OF A CALLED 13.194 ACRE TRACT SITUATED 1N THE J. FISHER
SURVEY, ABSTRACT 0421a, 1N THE CITY OF DENTON, DENTON COUNTY, TEXAS;
PROVIDING FOR A PENALTY 1N THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z14-0002)
WHE AS, Bob Shelton (Bob Shelton Enterprises), has applied for a change in zoning
for approximately 2.98 acres from Neighborhood Residential Mixed Use (NRMU) zoning
district to Neighborhood Residential Mixed 12 (NRMU-12) zoning district (hereinafter, the
"Property");
WHE AS, There are two existing permitted gas well drilling and production sites
within 1,200 feet of the proposed NRMU-12 zoning, which are platted and known as GWP03-
0037 and GWP04-0015;
WHEREAS, Subchapter 35,5.2.4. of the Denton Development Code allows for a Mixed
Use Residential Protection Overlay;
WHEREAS, on April 23, 2014, the Planning and Zoning Commission held a public
hearing as required by law, and upon conclusion recommended approval of the requested change
in zoning, together with the overlay restrictions;
WHEREAS, on June 3, 2014, the City Council held a public hearing as required by law,
and upon conclusion finds that overlay restrictions are necessary to address the concerns
regarding the construction of homes in close proximity to the existing gas well sites; and
WHE AS, the City Council finds that the change is 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
incbrporated herein by reference as true.
SECTION 2. The zoning district classification and use designation for the Property is
hereby changed from NRMU to NRMU-12 subject to the following mixed use residential
protection overlay restrictions;
A. Notification of Gas Wells within 1,200 feet
Developer, and his successars or assigns, shall notify purchasers of lots in the Property
that are within 1,200 feet of gas well Pad Sites, including those pad sites shown on gas
well plats with project numbers GWP03-0037 and GPW04-0015, about the location of
those gas well pad sites through all of the following mechanisms:
a. A note shall be placed on the residential plat identifying the gas well pad sites
within 1,200 feet. Said note shall also include a statement that advises lot
purchasers the existence of producing gas wells, as well as the possibility that the
gas wells 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 A.l.a. above.
SECTION 3. Notwithstanding the attached real property description, the property being
rezoned includes all property to the centerline of all adjacent street rights-of-way
SECTION 4. The City's official land use map is amended to show the change in the land
use designation.
SECTION 5. 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 6. Any person violating any provision of this ordinance si�all, 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 7. This ordinance shall become effective fourteen (14) days from the date of
_ �..�a
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 �'�� day of �,,,��� ��'=�.�f �.� , 2014.
� 'f ���.
�� ��.., ��.. � � �:
_ _.M...� --
CHRIS WATTS, MAYOR
PAGE 2
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ��� �'���
� �� .�' �.
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
��
.
BY: ..�..� ��.: �� �.�, -�
PAGE 3
EXHIBIT A
LEGAL DESCRIPTION
BEING a tract of land situated in the Jeremiah Fisher Survey, Abstract No. 421, in the City of
Denton, Denton County, Texas, and being a portion of a called 13.194 acre tract of land,
conveyed to Teasley Venture One, LLC, as evidenced in a Special Warranty Deed, recorded in
Instrument No. 2013-91579 of the Official Records of Denton County, Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at an aluminum TxDOT right of way monument found for the southeast corner of
said 13.194 acre tract of land, same being the southwest corner of a called Parcel 20 (0.8760
acre), conveyed to the State of Texas, as evidenced in a Special Warranty Deed recorded in
Instrument No. 2011-40138 of the Official Records of Denton County, Texas, same also being
on the current west right of way line of F. M. Highway No. 2181 (Teasley Lane), a variable width
right of way;
THENCE South 89°44'47" West, departing the west right of way line of said F. M. Highway No.
2181 (Teasley Lane) and along the south line of said 13.194 acre tract, a distance of 561.90
feet to a corner;
THENCE North 00°15'13" West, departing said south line and crossing said 13.194 acre tract, a
distance of 254.20 feet to a corner;
THENCE South 89°36'21" East, crossing said 13.194 acre tract, a distance of 469.56 feet to a
corner on the curving easterly line of said 13.194 acre tract, the westerly line of aforesaid Parcel
20 (0.8760 acre} tract and the westerly right of way line of aforesaid F. M. Highway No. 2181
(Teasley Lane), said curve being a non-tangent curve to the right;
THENCE in a southerly direction, along the easterly line of said 13.194 acre tract and the
westerly right of way line of said F. M. Highway No. 2181 (Teasley Lane), the following:
Along the arc of said curve to the right, through a central angle of 00°07'12", having a
radius of 4,518.66 feet, a chord bearing of South 20°50'25" East, a chord distance of
9.46 feet and an arc length of 9.46 feet to an aluminum TxDOT right of way monument
found for the end of said curve;
South 20°46'49" East, a distance of 248.31 feet to a corner;
South 15°00'26" East, a distance of 7.74 feet to the POINT OF BEGINNING and
containing 2.98 acres of land, more or less.
Bearings are based on �rid n�rth af tE�� T�x�� Coordinate System of 1983 using the City of
Denton control monumer�t�t��r�. �lif �in����i�c�� shown are ground distances. To obtain a grid
distance, multiply the gr�uncl c��st�rt�e ��+ tlir� i�roject Combined Factor (PCF) of 0.999848811
This document was prepared under 22 TAC §663.21, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except
those rights and interests implied or established by the creation or reconfiguration of the
boundary of the political subdivision for which it was prepared.
PAGE 4
�
i• •