2006-346- S:\Our Dceuments\Ordinances\06\S06-0001 Ordinance.doc
ORDINANCE NO. C~OOo - 51
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A GAS WELL DEVELOPMENT ON APPROXIMATELY 22 ACRES OF LAND
GENERALLY LOCATED WEST OF HICKORY CREEK HEIGHTS SUBDIVISION, AND
SOUTH OF RYAN ROAD, LEGALLY DESCRIBED AS TRACT 4, OF THE E. PICKETT
SURVEY, ABSTRACT NUMBER 1018, IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS; WITHIN A NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE. (S06-0001)
WHEREAS, Endeavor Energy Resources. LP, has applied for a specific use permit for a gas
well development within a Neighborhood Residential4 (NR-4) zoning district classification and use
designation on approximately 22 acres of land generally located west of Hickory Creek Heights
Subdivision, and south of Ryan Road, as more particularly described in Exhibit "A' attached hereto and
made a part hereof by reference (the "Property"); and
WHEREAS, on October 25, 2006, the Planning and Zoning Commission recommended
approval of a Specific Use Permit for a gas well development; and
WHEREAS, the City Council finds that the Specific Use Permit is consistent with The
Denton Plan; and
WHEREAS, in accordance with Subchapter 6 of the Development Code of the City of
Denton, Texas, the City Council finds that all of the following conditions exist:
The gas well development will be compatible with and not injurious to the use and
enjoyment of other property nor significantly diminish or impair property values within
the immediate vicinity; and
The establishment of the gas well development will not impede the normal and orderly
development and improvement of surrounding property; and
Adequate utilities, access roads, drainage, and other necessary supporting facilities have
been or will be provided; and
The design, location, and arrangement of all driveways and parking spaces provides for
the safe and convenient movement of vehicular and pedestrian traffic without adversely
affecting the general public or adjacent developments; and
Adequate nuisance prevention measures have been or will be taken to prevent or control
offensive odor, fumes, dust, noise, and vibration; and
S:AOur Do umcnlsV0rdinancesV06AS06-0001 Ordinance.dw
Directional lighting will be provided so as not to disturb or adversely affect neighboring
properties; and
There is sufficient landscaping and screening to ensure harmony and compatibility with
adjacent property; 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.
SECTION 2. A specific use permit to allow a gas well development within a Neighborhood
Residential 6 (NR-6) zoning district classification and use designation on the Property is hereby
approved, subject to the following conditions:
I . The ingress and egress to the well site is from Ryan Road instead of the residential
collector Creekdale Road.
2. The gas well operator shall install a stockade-style fence, constructed on steel posts
around the gas well site to create a visually appealing screen for the site, prior to
drilling or construction of drilling facilities.
3. Development and operation of the gas well development shall be in accordance with
the site plan on file in the City Planning Department, a copy of which is attached
hereto and made a part hereof as Exhibit "B".
SECTION 3. 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 4. 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 5. 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 thea~tday of L 2006
(?'R~ - wa&
PERRY(. McNEILL, MAYOR
PAGE 2
S10ur [)m,mcrosVOrdinanccsV06ASO6-0001 Ordinance.do
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B
PAGE 3
APPROVED AS TO LEGAL FORM:
EXHIBIT A
LEGAL DESCRIPTION
Being a tract of land lying and situated in the Eli Pickett survey, Abstract No. 1018, Denton County,
Texas and being part of a called 117.5 acre tract of land described in a deed to Grover C. Stuart, et
ux, as recorded in Volume 225, Page 528, Deed Records, Denton County, Texas, and being the same
tract of land described in a deed to Johnny uy, et a)., as recorded in Volume 1531, Page 237 Real
Property Records, Denton County, Texas, and being more particularly described as follows:
Beginning at a P.K. nail set for corner in a Asphalt Road known locally as Ryan Road at the
Northwest corner of said 117.5 acre tract;
Thence, North 89 degrees 57 minutes 30 seconds East, along the North line of said 117.5 acre tract
passing at 23.78 feet an iron rod found for reference at the most Westerly Southwest corner of a tract
of land described in a deed to Lake Wood West Joint Venture as recorded in Volume 2741, Page
887, Real Property Records, Denton county, Texas, in all a distance of 726.65 feet to a P.K. nail set
for corner at an interior ell. corner of said Lakewood West Joint Venture tract;
Thence, South 00 degrees 16 minutes 36 seconds East, along the most Southerly West line of said
Lakewood West Joint Venture tract, a distance of 435.60 feet to a 1/2" iron rod found for corner at
the most Southerly
Southwest corner of said tract;
Thence, North 89 degrees 41 minutes 56 seconds East along the South line of said Lakewood West
Joint Venture tract, a distance of 299.87 feet to a capped iron rod found for corner in the West line of
a tract of land described in a deed to Golden Triangle Joint Venture of Dallas County, Texas as
recorded in Volume 2440, Page 94, Real Property Records, Denton County, Texas;
Thence, South 00 degrees 06 minutes 06 seconds East, along said West line, a distance of 664.23 feet
to a 5/8" iron rod found for corner at the Southwest comer of said Golden Triangle tract in the North
line of a tract of land described in a Deed to Richard 0. Stewart, et ux, in Volume 764, Page 553,
Deed Records, Denton County, Texas;
Thence, South 89 degrees 52 minutes 11 seconds West, along the North line of said Stewart tract, a
distance of 1,029.39 feet to a 1/2" iron rod found for corner in the West line of aforementioned 117.5
acre tract at the Northwest corner of said Stewart tract;
Thence, North 00 degrees 01 minute 17 seconds West, along the West line of said 117.5 acre tract, a
distance of 1,100.06 feet to a Point of Beginning and containing 22.957 acres of land more or less.
PAGE 4
EXHIBIT B
v i
5
ti R ~ z I~ ~ F
~~s E e ° s x dx i
sFZ _ ~ ~ pF
~ ~ a as t
46
VA V A V A F
\ \
A~ / i. C IL - I 1
i 4 .ciz {4 F'y,\`\'l ll\f 'n }S r~{ II
L
xl ~V` f~z Y~ ' Lvv\ 1~~ ~L
ii t I vv 1
' 4 31
Y~ z 1~ ~ y ~,17 tY; Ixl 7(}` 7~4 ~L
\ 1 1 V •~c A
0 1 11 1 Y
. vv i I v e Y r l 4 e{ 1.u r I~ 3
I~ a-~ ~ v v d v e•=..Q p~ ~ I KI Ia v..N_I I I•
g S -E~i x 5 des t' x Y z3 E ~ xY
E x .i °sa ~ ~ d Ft . L3 a a 3 ~ Ri t Ct2 ~3 dk3 t6 s Ipk '
c 'v i ~iB3 xe 1 g ~ s F ~SZ x' w E P,2 a dx ~5 5 4 h a 2 RRF t s~:
,R,x ~ 3 t~l t r x t~ k °tp R S£ i c ~s %e 6
Ri I ird3 e y R ~E f~h3ia5i3 ti, x x f ~ ¢d } k x ~R p 2 yeu2 F~ ~p
s ''aEx 3~a~ F xaR a 3a c~ P 3e~F ~i f3ad aF ~ E5 3 ~E~ a " ;e~ ~ q _ i q5i [m
sy c R c x x$c ' e? F i•
` s? 1 d c Fa 3i"~R Ric i2 v Rbd %31 ? Rc dh e i 1c z f'e R x 2q; 0, 2c
a f a k f
xPC ~ 5 a`, 33x~~ xr9rs ~ iP;gala i ~ _ da a v~. f Q ~ ~ E~ n e`~ i3
Vi
Y ~a 3~6 gf ~R € S3gg ~f~ x r d 1, 3 r S ~E v_ jf
Yd
F a. ~ srt::: Colemnn G 1: {
PAGE 5