2004-086AN 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 ADJACENT TO THE WEST SIDE OF HELM LANE
APPROXIMATELY 900 FEET WEST OF TEASLEY LANE, WITHIN A NEIGHBORHOOD
RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z03-0037)
WHEREAS, Mid Continent Geological, INC. has applied for a specific use permit for a gas
well development within a Neighborhood Residential 3 (NR-3) zoning district classification and use
designation on approximately 3 acres of land generally located adjacent to the west side of Helm
Lane approximately 900 feet west of Teasley Lane, as more partieularly described in Exhibit "A'
attached hereto and made a part hereof by reference (the "Propertf'); and
WHEREAS, on February 11, 2004, the Planning and Zoning Commission recommended
approval ora 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
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 fmdings 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 3 (NR-3) zoning district classification and use designation on the Property is hereby
approved, subject to the following conditions:
1. All residences within 500 feet of the well site will be noticed 24 hours prior to the
fracing of the wellhead.
2. A blockade style fence will be installed on steel post around the well site to create a
visually appealing screen for the well site.
SECTION 3. Notwithstanding the description of the Property, the property being rezoned
includes all property to the centerline of all adjacent street rights-of-way.
SECTION 4. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 5. 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 the ~ff/~ay of C,/~f/~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
AS TO LEGAL FORM:
HERB ERT ~t~ JT~ATTORNEY
PAGE 2
Exhibit A
Coleman & Assoc. Land Surveying
P.O. Box 686
Denton, Texas 76202
Phone (940)565-82 [5 Fax (940)565-9800
SUP Description
FIELD NOTES to all that certain tract of land situated in the C. Poullalier Survey
Abstract Number 1006, City of Denton, Denton County, Texas and being part of the
called 20 acre tract described in the deed from Frank L. Helm to Mary Frances Mohon
recorded in Volume 381, Page 188 of the Deed Records of Denton County, Texas and
being part of the tract of land described in the deed fi'om Nealy R. Mohon to Mary
Frances Mohon, recorded under Clerk's File Number 97-R0073427 of the Real Property
Records of Denton County, Texas; the subject tract being more particularly described as
follows:
BEGINNING for the Southeast comer of the tract being described herein at the Southeast
comer of the said Mohon tract in Helm St~et;
THENCE North 88 Degrees 31 Minutes 54 Seconds West with thc South line of the
Mohon tract a distance of 350 feet;
THENCE North 00 Degrees 26 Minutes 04 Seconds East across the Mohon tract, passing
the North line thereof and continuing across the 20 acre tract, in all, a total distance of
350 feet;
THENCE South 88 Degrees 31 Minutes 54 Seconds East across thc 20 acre tract a
distance of 350 feet to the East line thereof in Helm Street;
THENCE South 00 Degrees 26 Minutes 04 Seconds West along Helm Street with the
East line of the 20 acre tract passing the Southeast comer thereof, and continuing, in all, a
total distance of 350 feet to the PLACE OF BEGINNING and enclosing 3 acres of land,
more or less.