2006-347SAOur Documents\Ordinnces\06\S06-0002.dcc
ORDINANCE NO. d
d~i - ~Z 2
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A GAS WELL DEVELOPMENT ON APPROXIMATELY 4.245 ACRES OF LAND
GENERALLY LOCATED ON THE SOUTH SIDE OF RYAN ROAD, APPROXIMATELY 2,350
FEET WEST OF TEASLEY LAND, LEGALLY DESCRIBED AS A PORTION OF BLOCK A,
LOT I OF THE LAKE FOREST GOOD SAMARITAN ADDITION, IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; WITHIN A NEIGHBORHOOD RESIDENTIAL 6 (NR-6) 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. (S06-0002)
WHEREAS, Endeavor Energy Resources. LP, has applied for a specific use permit for a gas
we] I development within a Neighborhood Residential 6 (NR-6) zoning district classification and use
designation on approximately 4.245 acres of land generally located on the south side of Ryan Road
approximately 2,350 feet west of Teasley Lane, 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, subject to certain additional
conditions set forth in this ordinance; and
WHEREAS, the City Council finds that the Specific Use Permit, as further conditioned
herein, 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, as further
conditioned herein:
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
S:\Our Documents',Ordinances\06\S06-0002.ds
offensive odor, fumes, dust, noise, and vibration; and
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:
The ingress and egress to the well site is from Ryan Road instead of the residential
collector Creekdale Road.
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 52,000.00. 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 CityofDenton,
Texas, within ten (10) days of the date of its passage
PASSED AND APPROVED this the of &a1n J,_) 2006.
PERRY gZMcNETLL, MAYOR
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ATTEST:
BY:
APPROVED
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JENNIFER WALTERS, CITY SECRETARY`
TO LEGAL FORM:
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EXHIBIT A
LEGAL DESCRIPTION
FIELD NOTES to all of that certain tract of land situated in the E. Pickett Survey
Abstract Number 1018 and being a part of the called 29.982 acre tract described in the
deed from Johnny Uy et al to Ryan Road Joint Venture recorded under Clerk's File
Number 2004-23986 of the Real Property Records of Denton County, Texas; the subject
tract being more particularly described as follows:
BEGINNING for the Southwest comer of the tract being described herein at a V2 inch
iron rod found near a fence comer post at the Southwest comer of the 29.982 acre tract;
THENCE North 00 Degrees 10 Minutes 34 Seconds East with the West line of the 29.982
acre tract a distance of 350.0 feet;
THENCE North 89 Degrees 38 Minutes 52 Seconds East across the 29.982 acre tract a
distance of 370.0 feet;
THENCE South 00 Degrees 10 Minutes 34 Seconds West across the 29.982 acre tract a
distance of 350.0 feet the South line thereof;
THENCE South 89 Degrees 38 Minutes 52 Seconds West with the South tint ofthe -
acre tract a distance of 370.0 feet to the PLACE OF BEGINNING and enclosing 3.0
acres of land.
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EXHIBIT B
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