2009-085sAour documents\ordinances\09\ordinance for robson ranch(z08-0023).doc
ORDINANCE NO. AM- A
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A DETAIL PLAN
AMENDMENT FOR THREE GAS WELL PARKS AND A STORAGE TANK FACILITY
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. (Z08-0023)
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 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 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 the 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, and finds that the requested 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(z08-0023).doc
SECTION 2. The attached Detail Plan amendment for three gas well parks and a storage
tank facility on the Property currently zoned within PD-173 save and except for requested Gas
Park "G", 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 well D and E except from the northern portion of the Robson Ranch
Planned Development, along the most direct path, and shall instruct all operators, service
providers and delivery services to confine their access to and from the well sites, from the
northern portion of the Robson Ranch Planned Development only.
2. For well site F and the storage tank facility, the lessee of the mineral estate and its
agents, employees and assigns shall not have access to or from the sites 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.
3. 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.
4. The lessee of the mineral estate shall install a screening fence and plant the trees and
shrubs as shown on the approved landscape plans within 30 days after drilling operations
are complete or during the first dormant season after drilling, if approved by the City
Landscape Administrator.
5. 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.
6. The Detail Plan amendment as submitted and shown in exhibit E shall govern the
development and location of gas well parks D, E and F and the Storage Tank Facility
only.
SECTION 3. The Detail Plan amendments attached hereto and incorporated herein by
reference as Exhibit "E" are 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
amendment attached hereto as Exhibit "E", 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,
sAour documents\ordinances\09\ordinance for robson ranch(z08-0023).doc
but shall be subordinate to all other provisions of Ordinance 2000-059, as subsequently
amended, with regard 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.
PASSED AND APPROVED this the 7th day of April, 2009.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
sAour documents\ordinances\09\ordinance for robson ranch(z08-0023).doc
Exhibit A
(Legal Description for Gas park D)
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 51 ° 47' 58" E, 10,705.02 feet to an iron rod found for PLACE OF
BEGINNING;
THENCE N 00° 07' 27" E, 466.95 feet to an iron rod found for corner;
THENCE S 89° 51'23" E, 466.95 feet to an iron rod found for corner;
THENCE S 00° 09'00" W, 466.96 to an iron rod found for corner;
THENCE N 89° 51' 16" W, 466.74 feet to the PLACE OF BEGINNING and containing
5.004 acres of land.
sAour documents\ordinances\09\ordinance for robson ranch(M-0023).doc
Exhibit B
(Legal Description for Gas Park E)
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 17° 03'30" W, 7518.63 feet to an iron rod set for PLACE OF BEGINNING;
THENCE N 00° 26'45" W, 466.73 feet to an iron rod set for corner;
THENCE N 89° 40'25" E, 466.73 feet to an iron rod set for corner;
THENCE S 00° 26'45" E, 466.73 to an iron rod set for comer;
THENCE N 89° 40' 25" W, 466.73 feet to the PLACE OF BEGINNING and containing
5.001 acres of land.
sAour documents\ordinances\09\ordinance for robson ranch(z08-0023).doc
Exhibit C
(Legal Description for Gas Park F)
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 00° 00' 18" E, 795.00 feet to an iron rod found in Crawford Road, a public
roadway for PLACE OF BEGINNING;
THENCE N 00° 01' 33" W, 505.83 feet with said Crawford Road to an iron rod found for
corner;
THENCE S 73° 20' 38" E, 448.87 feet to an iron rod set for comer;
THENCE S 15° 48'08" E, 391.97 to an iron rod set for corner;
THENCE S 89° 59' 56" W, 536.55 feet to the PLACE OF BEGINNING and containing
4.819 acres of land.
sAour documents\ordinances\09\ordinance for robson ranch(z08-0023).doc
Exhibit D
(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 corner;
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.
Exhibit E
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