2009-103sAour documents\ordinances\09\ordinance for robson ranch g (z08-0023b-2).doc
ORDINANCE NO. 209 - / D,
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A DETAIL PLAN'
AMENDMENT FOR ONE GAS WELL PARK WITHIN A PLANNED DEVELOPMENT
(ROBSON RANCH PLANNED DEVELOPMENT, PD-173) ZONING DISTRICT, ;
GENERALLY LOCATED EAST OF FLORENCE ROAD, EAST OF CRAWFORD ROAD,
NORTH OF ROBSON RANCH ROAD, AND WEST OF THE INSPIRATION
DEVELOPMENT (MPC 07-0001); AND PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND
AN EFFECTIVE DATE. (Z08-0023b)
WHEREAS, on August 3, 1999, by Ordinance 99-265 the City Council approved a
Concept Plan for 2,725 acres of land designated as the Planned Development 173 (PD-173)
zoning district, as more particularly described therein; and
WHEREAS, on February 15, 2000, by ordinance 2000-059, the City Council approved a
detail plan for 1,361.3 acres of the Planned Development 173 (PD- 173) zoning district , as more
particularly described therein, and
WHEREAS, on July 17, 2001, by Ordinance 2001-247, the City Council approved an
amendment to the Concept Plan of the Planned Development 173 (PD-173) zoning district, as
more particularly described therein, and specifically authorized the creation of up to 15-20 gas
well parks, as defined and restricted therein; and
WHEREAS, on November 4, 2008, by Ordinance 2008-285, the City Council approved a
detail plan amendment, as more particularly described therein, and specifically authorizing the
development of two gas well parks as defined and restricted therein; and
WHEREAS, on behalf of Robson Communities, the mineral estate holder, Spring Brook
Planning Group applied for a Concept Plan amendment, and Landmark Surveyors, LLC, applied
for a Detail Plan amendment, to allow for four additional gas well parks and a storage tank
facility, containing approximately five acres each of land for the gas well parks and three and
one-half acres for the storage tank facility; and
WHEREAS, on March 11, 2009, the Planning and Zoning Commission concluded a .
public hearing as required by law, and recommend approval of both the requested Concept Plan
amendment and the requested Detail Plan amendment; and
WHEREAS, on April 7, 2008, the City Council concluded a public hearing on the
requested Detail Plan amendment, voting in favor of the amendment, save and except for
requested Gas Park "G", which was tabled pending a neighborhood meeting, and now finds that
the revised Detail Plan amendment for Gas Park "G", attached and incorporated hereto as
Exhibit "A", and legally described therein, is consistent with the Denton Plan and Chapter 35,
Article IV, of the Denton Code, as well as the previously amended Concept Plan; NOW,
THEREFORE;
sAour documents\ordinances\09\ordinance for robson ranch g (z08-0023b-2).doc
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 and found to be true.
SECTION 2. The attached Detail Plan amendment for one additional gas well park,
labeled Gas Well Park "G", within the Property currently zoned within PD-173, and legally
described as set forth in Exhibit "A", attached hereto and incorporated herein by reference, is
hereby approved, subject to the following conditions:
1. The lessee of the mineral estate and its agents, employees and assigns shall not have
access to or from the site through any developed portion of Robson Ranch Planned
Development. "Developed portion" as used herein shall mean any portion of Robson
Ranch that is developed with a residential structure or any other facility within the PD.
The operator of the gas well shall enter into a road remediation agreement for access on
Robson Ranch Road as required by the Denton Development Code.
2. The lessee of the mineral estate and -its agents, employees and assigns shall prohibit
access to or from the well sites outside the hours of 8:00am to 5:00pm, Monday through
Friday and 11:OOam to 5:00pm, on Saturdays and Sundays, unless drilling operations are
actively in progress or the well is being reworked at the particular site being accessed.
Furthermore, it shall be an affirmative defense that access to a well site outside the
limitations of these restrictions was necessitated by an emergency that constituted an
eminent threat to life, health or property.
3. The lessee of the mineral estate shall install a screening fence and plant the trees and
shrubs as shown on the approved landscape plans, attached hereto and incorporated
herein as Exhibit "B", within 30 days after drilling operations are complete or during the
first dormant season after drilling, if approved by the City Landscape Administrator.
4. If screening or landscaping is damaged or removed during fracturing operations, the
operator of the gas well shall be responsible for replacing the damaged or removed
portions of the landscaping.
5. The Detail Plan amendment as submitted and shown in exhibit "A" shall govern the
development and location of gas well park G only.
SECTION 3. The Detail Plan amendment attached hereto and incorporated herein by .
reference as Exhibit "A" is hereby approved for PD-173.
SECTION 4. Ordinance 2000-059, approving a detailed plan for 1,361.3 acres of
Planned Development 173 (PD-173) is hereby amended by the approval of the Detail Plan
attached hereto as Exhibit "A", and incorporated herein by reference.
SECTION 5. The provisions of this ordinance as they apply to the amendments herein
approved, shall govern and control over any conflicting provision of Ordinance No. 2000-059,
but shall be subordinate to all other provisions of Ordinance 2000-059, as subsequently
amended, with regard to the remainder of that Detail Plan.
sAour documents\ordinances\09\ordinance for robson ranch g (z08-0023b-2).doc
SECTION 6. A copy of this ordinance shall be attached to Ordinance 1999-265, showing
the amendment herein approved.
SECTION 7. 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 8. 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 9. 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 e~l day of , 2009.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By.
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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