2009-084sAour documents\ordinances\09\ordinance for robson ranch(z08-0022).doc
ORDINANCE NO. 20 -
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CONCEPT PLAN
AMENDMENT TO ALLOW FOR THE RELOCATION OF A STORAGE TANK FACILITY
ON A PROPERTY LOCATED 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 PROPOSED 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.
(Z08-0022)
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, 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 authorizing 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, as more particularly described therein, specifically authorizing the development of
two gas well parks as defined and restricted therein; and
WHEREAS, SpringBrook Planning Group, as the applicant for the lessee of the mineral
estate, has applied for amendment of the Concept Plan to allow for the relocation of a storage
tank facility containing approximately 3.6 acres, legally described in Exhibit "A", attached
hereto and incorporated herein by reference (the "Property") and as defined by Exhibit "B"
attached hereto and incorporated herein by reference; and
WHEREAS, on March 11, 2009, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommend approval of the requested Concept Plan
amendment; and
WHEREAS, the City Council finds that the Concept Plan amendment, 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;
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.
sAour documents\ordinances\09\ordinance for robson ranch(z08-0022).doc
SECTION 2. A Concept Plan amendment for the Property, located within the PD 173
planned development district, 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 storage tank- facility 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 mineral estate lessee or operator of the gas well shall enter
into a road remediation agreement for access on Robson Ranch Road, as required in the
Denton Development Code.
2. Prior to the construction of any underground pipelines associated with a gas well park,
the operator shall submit documentation to the Fire Marshal, showing the location of the
underground pipelines connecting to such gas well park, including flow and gathering
lines and lines to the storage tank facility. The documentation shall include locational
drawings and identify the line diameter sizes, materials and depths of the applicable lines
in the Robson Ranch Planned Development. Such lines shall comply with the applicable
pipeline requirements set forth in the Denton Development Code.
SECTION 3. The Concept Plan amendment attached hereto and incorporated herein by
reference as Exhibit "B", is hereby approved for the Property.
SECTION 4. Ordinance 2001-247, approving an amended Concept Plan for 1,361.3
acres of Planned Development 173 (PD 173) is hereby amended by the approval of the Concept
Plan amendment attached hereto as Exhibit "B", and incorporated herein by reference.
SECTION 5. The provision of this ordinance as they apply to the amendments herein
approved, shall govern and control over any conflicting provision of Ordinance No. 2001-247,
but all the provisions of Ordinance 2001-247, insofar as they apply to the regulations of the
district not herein amended, shall continue in force and effect, and shall apply to the remainder of
that Detail Plan.
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.
sAour documents\ordinances\09\ordinance for robson ranch(z08-0022).doc
0.
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
day of C/ , 2009.
sAour documents\ordinances\09\ordinance for robson ranch(M-0022).doc
Exhibit A
(Legal Description for Storage Tank Facility)
BEING all that certain lot, tract, or parcel of land situated in the M. Spurlock Survey
Abstract Number 1141 in the City of Denton, Denton County, Texas, being a part of that
certain tract of land conveyed by deed from Cal Farley's Boys Ranch to Robson Denton
Development, L. P. recorded in Volume 4373, Page 216, Real Property Records, Denton
County, Texas, and being more particularly described as follows:
COMMENCING at a 5/8" iron rod found for corner at the southwest corner of said Spurlock
Survey;
THENCE N 18° 22' 22" E, 205.46 feet to an iron rod set in the east line of Crawford Road,
a public roadway for PLACE OF BEGINNING;
THENCE N 00° 01' 31" E, 599.97 feet with said east line of said Crawford Road to an iron
rod set for corner;
THENCE N 89° 59' 58" E, 349.97 feet to an iron rod found for corner;
THENCE S 17° 47' 38" W, 384.69 feet to an iron rod set for comer;
THENCE S 07° 53'09" W, 236.47 to an iron rod found for corner;
THENCE N 89° 50' 39" W, 200.23 feet to the PLACE OF BEGINNING and containing
3.612 acres of land.
s:\our documents\ordinances\09\ordinance for robson ranch(z08-0022).doc
Exhibit B
(Concept Plan)
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STORAGE TANK LOCATIONS
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RELOCATED STORAGE TANK
GAS PARK LOCATIONS
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The purpose of the Concept Plan Amendment is to:
1. Show revised location of Storage Facility (as noted on map)
2. Require future gas well parks to utilize Storage Facility for pennenant Tank Storage.
3. Require that copies of easements for gas pipe fines be provided to the City of Denton
General Notes:
1. Ali other requlations of Ordinance 2001-247 still apply.
2. The storage facility shall no encroach into ESA Stream Buffer
3. Access to Storage facility shall be from Crawford Road.
4. Storage facility shall be screend from residential properties. Proposed screening shall be show
on the Detailled Plan.
5. No structures shall be constructed within 80' of any Storage Tank
16, ~kk'
Gas Park and Storage Facility Locations
>ooo Robson Ranch
December 5, 2008
GRAPIdc SCALE IN Fear Revised February17, 2009 per DRC Comments