2008-285sAour documents\ordinances\08\z08-0014.doc
ORDINANCE
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A DETAILED PLAN TO
ALLOW FOR TWO GAS WELL PARKS WITHIN THE PLANNED DEVELOPMENT 173 (PD
173) ZONING DISTRICT, THE FIRST BEING APPROXIMATELY 4.848 ACRES IN SIZE,
NORTHWEST OF MICHELLE WAY AND GLENBROOK STREET, AND THE SECOND
BEING APPROXIMATELY 4.987 ACRES IN SIZE, LOCATED EAST OF MICHELLE WAY
AND PAVILION COURT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z08-
0014)
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
detailed 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, Encana, Inc., has applied for amendment of the detailed plan to allow two gas
parks containing approximately 10 acres of land, legally described in Exhibits "A" and "B", attached
hereto and incorporated herein by reference (the "Property") and as defined by Exhibit "C" attached
hereto and incorporated herein by reference; and
WHEREAS, on October 22, 2008, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommend approval of the requested detailed plan amendment; and
WHEREAS, the City Council finds that the detailed plan as amended, 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.
SECTION 2. The Detailed Plan amendment for two gas well parks on the Property
currently zoned within PD-173 is hereby approved, subject to the following conditions:
The mineral estate holder and its agents, employees and assigns shall not have access to or
from the well sites 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. The mineral estate holder and its agents, employees and assigns shall prohibit access to or
from the well sites outside the hours of 8:00 am to 5:00 pm, Monday through Friday and
11:00 am to 5:00 pm, on Saturdays and Sundays, unless drilling operations are actively in
progress at the particular site being accessed.
3. All City codes, standards, and regulations, as they currently exist, shall be met relating to the
development and permitting of gas wells, and their drilling and production.
SECTION 3. The Detailed Plan amendment attached hereto and incorporated herein by
reference as Exhibit "C", is hereby approved for the Property.
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 Detailed Plan amendment
attached hereto as Exhibit "C", 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 2000-059, but all the
provisions of Ordinance 2000-059, 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 Detailed 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 day of '2008.
0" A. B O S, YOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B . ~ ~ )o v f"
Y kuu
APPROVED AS TO LEGAL FORM:
Exhibit A
(Legal Description for Gas Park `A")
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 Lot 1-X, Block G (also
called "Gas Park C") of Robson Ranch 9-2, an addition to the City of Denton, Denton County,
Texas according to the plat thereof recorded in Cabinet X, Page 308, Plat 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 S 89° 51'20" E, 2387.40 feet with the south line of said Spurlock Survey to a point
for corner;
THENCE N 00° 07'58" E, 3859.57 feet to an iron rod found for PLACE OF BEGINNING,
said point being in the west line of Michelle Way, a public roadway having a right-of-way of
90.0 feet, and in the north line of Glenbrook Street, a public roadway having a right-of-way of
60.0 feet;
THENCE N 82° 21'41 " W, 198.15 feet with said north line of said Glenbrook Street to an iron
rod found for corner;
THENCE S 58° 00'06" E, 335.50 feet to an iron rod found for comer;
THENCE along the arc of a curve to the right having a central angle of 49° 11' 06", a radius
of 125.00 feet, an arc length of 107.31 feet, whose chord bears N 57° 47'34" W, 104.04 feet
with said north line of said Glenbrook Street to an iron rod found for corner;
THENCE N 33° 09'48" W, 381.29 feet with said north line of said Glenbrook Street to an iron
rod found for corner in the east line of Gallery Street, a public roadway having a right-of-way
of 60.0 feet;
THENCE N 56° 39'24" E, 304.24 feet with said east line of said Gallery Street to an iron rod
found for corner;
THENCE S 69° 28'57" E, 355.54 feet with the south line of said Gallery Street to an iron rod
found for corner in said west line of said Michelle Way;
THENCE along the arc of a curve to the left having a central angle of 08° 49' 52", a radius
of 2945.00 feet, an arc length of 453.92 feet, whose chord bears S 11 ° 58'59" W, 453.47
feet with said west line of said Michelle Way to the PLACE OF BEGINNING and
containing approximately 5 acres of land.
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Exhibit B
(Legal Description for Gas Park `B")
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 Spudock
Survey;
THENCE S 89° 51'20" E, 4046.29 feet with the south line of said Spurlock Survey to a point
for corner;
THENCE N 00° 07'58" E, 5291.87 feet to an iron rod found for PLACE OF BEGINNING;
THENCE along the arc of a curve to the left having a central angle of 03° 09' 21", a radius of
375.00 feet, an arc length of 20.65 feet, whose chord bears N 58° 02' 09" W, 20.65 feet to an
iron rod found for corner;
THENCE N 56° 12' 18" W, 342.57 feet to an iron rod found for corner;
THENCE along the arc of a curve to the right having a central angle of 22° 39' 16", a radius
of 275.00 feet, an arc length of 108.73 feet, whose chord bears N 44° 52,17" W, 108.03 feet
to an iron rod found for corner;
THENCE along the arc of a curve to the right having a central angle of 88° 44' 55", a radius
of 11.00 feet, an arc length of 17.04 feet, whose chord bears N 11 ° 15'46" E, 15.38 feet to
an iron rod found for corner in the proposed east line of Michelle Way, a proposed public
roadway having a proposed right-of-way of 90.0 feet;
THENCE N 55° 42'46" E, 141.65 feet with said east line of said Proposed Michelle Way to
an iron rod found for corner;
THENCE along the arc of a curve to the left having a central angle of 26° 01'58", a radius of
920.00 feet, an arc length of 418.01 feet, whose chord bears N 42° 45' 21" E, 414.42 feet
with said proposed east line of said Proposed Michelle Way to an iron rod found for corner;
THENCE S 58° 00' 06" E, 335.50 feet to an iron rod found for corner;
THENCE S 30° 25' 58" W, 69.89 feet to an iron rod found for corner;
THENCE S 38° 03' 17" W, 70.04 feet to an iron rod found for corner;
THENCE S 39° 21' 13" W, 74.44 feet to an iron rod found for corner;
THENCE S 35° 08'43" W, 80.22 feet to an iron rod found for corner;
THENCE S 30° 24'05" W, 79.09 feet to an iron rod found for corner;
THENCE S 26° 22' 14" W, 215.0 feet to the PLACE OF BEGINNING and containing
approximately 5 acres of land.
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Exhibit C
(Detailed Plan Amendment)
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