2007-189s:\our dceumentsbrdinances\07507-0012.dm
ORDINANCE NO. oS O~ / ' ~~"
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A GAS WELL DEVELOPMENT ON APPROXIMATELY 3 ACRES OF LAND
GENERALLY LOCATED WEST OF HICKORY CREEK HEIGHTS SUBDIVISION, AND
SOUTH OF RYAN ROAD AND 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 EFFECTNE DATE. (507-0012)
WHEREAS, Endeavor Energy Resources. LP, has applied for a specific use permit for a gas
well development within a Neighborhood Residential 4 (NR-4) zoning district classification and use
designation on approximately 3 acres of land generally located west of Hickory Creek Heights
Subdivision, and south of Ryan Road, legally described in Exhibit "A", attached hereto and made a
part hereof by reference, and as further depicted on the site plan attached hereto and incorporated
herein by reference as Exhibit "B" (the "Property"); and
WHEREAS, on August 22, 2007, the Planning and Zoning Commission recommended
approval of a Specific Use Permit for a gas well development; and
WHEREAS, in accordance with §35.6.4.A of the Denton Development Code, the City
Council finds that the requested specific use is in accordance with all standards within the NR-4
zoning district, and in conformance with the Denton Plan and federal, state or local law; and
WHEREAS, in accordance with §35.6.4.B 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
s:\our documents\ordinanecs\07~s07-0012.doc
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; and
WHEREAS, in accordance with §35.6.4.C of the Denton Development Code, the Council
finds that adequate capacity of infrastructure can and will be provided to and through the Property;
and
WHEREAS, in accordance with §35.6.4.D of the Denton Development Code, the Council
finds that the requested Specific Use is compatible with, and will not have an adverse impact on the
surrounding area, taking into account the seven.specific factors listed in that code provision; 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
found to be true and incorporated herein, and that all other antecedents to approval of this permit are
likewise found to be satisfied..
SECTION 2. A specific use permit to allow a gas well development within a Neighborhood
Residential 4 (NR-4) zoning district classification and use designation on the property is hereby
approved, and pursuant to §35.6.5 of the Denton Development Code, the following conditions to
approval are hereby imposed as additional requirements:
1. The ingress and egress to the Property is from Ryan Road.
2. Prior to securing a Gas Well Development Plat, the Applicant will formally abandon
development rights for gas well drilling and production on the Good Samaritan Lease
site and the Specific Use Permit approved by Ordinance 2006-347.
3. This ordinance approves the addition ofone gas well head on the site, in addition to
the wellhead that currently exists and is permitted by Ordinance 2006-346; no more
than these two gas well heads may exist on the site at any time.
4. A visually appealing screen shall be installed around all gas well facilities within 90
days after completion of drilling. This provision supersedes the screening
requirements contained in Section 2, Paragraph 2 of Ordinance No. 2006-346.
5. 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 fully incorporated herein as Exhibit "B".
SECTION 3. If any provision of this ordinance or the application thereof to any person or
s:\our documents\ordinances\07~s07-0012.dce
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 ofDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the ~ day of ~ , 2007
,c
PE R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY'
BY:` ,
6 ~~ ~~.
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITAY ATTORNEY
BY:
s:\our documents\ordinanees\07\s07-0012.dac
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 comer in a Asphalt Road known locally as Ryan Road at the
Northwest comer 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 corner 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 Ol 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
s:\our documents\ordinanccs\07\s07A012.dn;
EXHIBIT B
s'
Sill. ~` „~f
~ ~''!~~" e~ ' s, ~~~ ~,
zt) e
g
n ~ e :~ i SFr t
i ~
a en
~ ~ p is~ ~..~ a c Qj a r I ~ ~; "
i
.. Y L
3 ,.. o, ..._. _.:..:
~F~ w
rY ~ c
`4~i
t+ \\ ~.
4 ~~
~i l~°%
~a ~
9~ -
~~, a , i
i ~. _.. }~. ~~
'. a ae ~.
j~~ " ~.~ `~~~ ~• ---
V'
e ~ r ~R ~
" I ,i
S C *\ K
' ~ fi
. ~ ~, I ti. ~ ~ -,`~.r ~~ - i
~~~.:
~ . I ~ <~~~ ~ ,` ~ dp ~„~
~ ~i ,. . ~~ / ~ r ~ 1 r \V i~,~ ~ k 9 ~ .~'.
~.
Im
iR 3 \ t ~ ~~~ V
n
.. ~ .. .. _ t I ~ t ~{ 6
i
C~ ~ { ~ i
r ~
I
n
. _ ~ -~. _ / ~ ~ s ~ + t
i
~ ~ 1
_. t \ ~_.,. c t
`..
.`
' ~~ t - `. ~~ P, Ir
4 l
' '. c ~ t
t. R. 9 s.. C_.~ 3 _ i. ~ ll ~k
! a~ r ° F 4 7 `~ 57~~1
w.v:x. vm xo.xr~ f ~L•KH~Y[N LI::'~
pin .i kt.v4 9 R i.ia.. •[iop4A.vcp ~!:1 r - - 3 a p#:
€s i cE c stgg84r n n •4 d 4 p }- a {j i ~~ R• 6 p !~
$. _ 4 n5e kc ¢ a~ 4~ ~ i ' ~ e" ~ p n < p ; ~a •i.
67 • c ei~ 'vd 3 p U e 4 xtt: [ d : 8a
~x'~~ RC ~ isnpspk. x4i.pf a ~a iaae~ £•xi4 ~ a ~ i ~-e i 7 ps aaA
a P" l c •€ n 1 xv.[e..a F p p x
} Ey CB ?~ vS ~i, x ~a~~iFrixgc i p. Rte a K~ e F zip +p
v e [ai r:"v5 ° 8F r .finis fi'~nx& k~ c s np tl-~, a i@ `b
s 1 ¢ ~ J4[ a 3~S~i+ibn ~FS~s + ;~tl ~~f! 5a~ it a R~; ~ $•s ~$
~i 7 ` '^ ari3c aL ix ~r i€ R e9s v3^. ~ v i via '
~ sp ,a : ' 3 ~ s iR S c•
x a~ p iB s 1a'se isear ~aa~€d i F e pai3*r' i' a ~: 0 3 k s3
+3~ ~ ~ { • ~ i ~ 9F~ eY Q 4 ~
3F i ? c ii~s A ~taa r ~ aj c. .3 ~ i3 3
e n rcu i v n i '~•, Y N v i ran s I
PAGE 5