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2003-059ORDINANCE NO. ~0~3-OJ~9 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A SPECIFIC USE PERMIT IN A NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF ALLOWING OUTDOOR RECREATION, BEING A NINE HOLE GOLF COURSE ON AN APPROXIMATE 84 ACRE SITE LOCATED NORTH OF EDWARDS ROAD, EAST OF I-35 WITHIN THE GIDEON WALKER SURVEY, IN THE CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0060). WHEREAS, The owner and developer of the subject property has applied for a specific use permit for a golf course on an approximate 84 acres of land located in the Gideon Walker Survey, Abstract No. 1330 more particularly described as a 60.383 tract and a 23.481 tract in those two certain deeds recorded in Volume 2903, Page 169 and Volume 4151, Page 3046 of the Real Property Records of Denton County, Texas, respectively (the "Property"); and WHEREAS, on December 18, 2003, the Planning and Zoning Commission recommended approval of the requested specific use permit for outdoor recreation for a nine hole golf course with the following conditions: 1. The golf course will be developed on the Property in such manner as will minimize negative impact on environmentally sensitive areas as more particularly described in the Water Quality Agreement a copy which is attached hereto and made a part hereof as Exhibit "A" (the "ESA Conditions"); and 2. The Property will be developed in accordance with the site plan on file in the Planning Department offices, a copy of which is attached hereto and made a part hereof by reference as Exhibit "B" (the "Site Plan"); and WHEREAS, the City Council finds that the Specific Use Permit is consistent with the Denton Plan policies; and WHEREAS, in accordance with Section 35.6.5 of the Development Code, the City Council finds that all of the following conditions exist: That the use is in conformance with all the standards within the zoning district in which the use is proposed to be located, and in conformance with the Denton Plan and federal, state, or local law; That the nine hole golf course site 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; PAGE 1 That the establishment of the nine hole golf course will not impede the normal and orderly development and improvement of surrounding property; That adequate utilities, access roads, drainage, and other necessary supporting facilities have been or will be provided; That 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; That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration; That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and That 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. A specific use permit is hereby granted to allow a nine hole golf course on the Property, within a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, subject to the Site Plan and the ESA Conditions. The Property shall be developed in accordance with the Site Plan and ESA Conditions. SECTION 2. 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 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. 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 o/f its passageee.. PASSED AND APPROVED this the cdayy of 2003. EULINE BROCK, MAYOR PAGE 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:j(P APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 3 Jan 30 03 06:12p Jerry Hay 501-527-8855 p.2 Exhibit A T a WATER UTILI TIE 901-A Texas Street Denton, TX 76209 (940) 349-8452 Fax(940)349-7334 4 February 2003 WATER QUALITY AGREEMENT Between the City of Denton and Lindsey Management Company, Inc. Concerning Activities Associated. with the Proposed Timbers at Denton Development This Water Resources Agreement, made and entered into on the e of February, 2003, between the City of Denton, 601 E. Hickory, Denton, TX 76205 and Lindsey Management Company, Inc. 1165 Joyce Boulevard, Fayetteville, AR 72703 outlines a formal procedural understanding regarding a proposed golf course development (hereinafter called "Timbers at Denton") within the City of Denton. This. agreement is the result of several discussions between representatives of the City of Denton and Lindsey management related to potential environmental issues associated with the Timbers at Denton development. There are three main environmental issues that City of Denton representatives discussed with Lindsey Development. Each of these issues, and the agreed responses, are outlined below. It is the position of both Lindsey Development and the City of Denton that the environmental impacts of the Timbers at Denton can be minimized through the practices outlined in this agreement. Issue 1. Opportunities exist to restore or enhance environmentally sensitive areas through golf course development by establishing buffer zones and by creating no- maintenance or low-maintenance areas within the site. What will Lindsey do to ensure that the environmentally sensitive areas within this site are not degraded or destroyed? Lindsey has agreed to establish buffer zones around drainage conveyances (streams) and lakes. Where at all possible, these buffer zones will be at least 50 feet from the centerline of the stream in both directions. Buffer zones will be left in a natural state, although some undergrowth removal may be necessary near areas of play. Lindsey has also committed to planting native plant species in non-play areas and to stabilizing the eroding sections of the channels that pass through the property. Stabilization of potential erosion areas will be accomplished using native grasses or Bermuda sod. Lindsey also agrees to become a registered member of Audubon International, A.C.S.P. and seek wildlife sanctuary status as the golf course develops. These measures should ensure wildlife habitat and protect water quality. Jan 30 03 06:12p Jerry Hay 501-527-8855 p.3 Issue 2. Golf courses have been increasingly scrutinized for possible environmental impacts. The management of a golf course requires the use of water resources, chemicals, and energy and thus has the potential for negative environmental effects. What assurances exist to indicate that environmental impacts will be minimized at the Lindsey property in Denton? Representatives of Lindsey development have met with representatives of the City of Denton concerning the potential environmental impacts of this site. It is important to note that the proposed golf course development in Denton will be the 24th project of its kind conducted by Lindsey Management Company. Through previous projects, Lindsey has become keenly aware of the environmental issues associated with the development, maintenance, and operation of a golf course. To ensure that environmental impacts are limited, Lindsey Development has agreed to the following principles. Lindsey Development will: Ensure that-stringent, documented controls are in the golf course's management plan to°assure that pesticides are stored and handled correctly, including detailed procedures for washout and waste disposal and documentation of all chemical use. Documentation will be provided to City of Denton representatives within 5 business days of request. 2. Employ the principals of integrated pest management (IPM) when dealing with pest control issues. IPM involves a series of steps including: regular monitoring and record keeping, identification of the nature of the pest problem, devising ways to change: conditions to prevent or discourage the reoccurrence of the problem, and selecting the appropriate combination of physical, mechanical, chemical, and biological control methods. 3. Ensure that the senior staff at the Denton course will obtain and maintain state licenses for pesticide application. Applications will be made under the direction of licensed applicators, with strict adherence to product labels. 4. Agree to become a registered member of Audubon International and seek sanctuary status as the golf course develops. 5. Plan irrigation patterns and irrigation control systems to meet the needs of the course without over-watering. Lindsey has agreed to monitor site conditions (including weather conditions, evapotranspiration, and soil moisture) in order to optimize irrigation patterns. Lindsey will also use runoff from the golf course for on-site irrigation through the use of constructed ponds. 6. Agree to meet with City of Denton representatives and instigate changes in management practices if monitoring data collected by the City of Denton's Watershed Protection Program indicates water quality problems for waters leaving the golf course property. If monitoring data indicate toxicity, substantial negative changes in water chemistry (including excessive nutrients), or the Jan 3U U3 06:12p Jerry Hay 501-527-8855 p.4 exceedence of the Texas Commission on Environmental Quality's Texas Surface Water Quality Standards, Lindsey Management agrees to meet with City of Denton representative to determine ways to rectify the problem(s). Data collected by the City of Denton's Watershed Protection Program should be adequate to determine if water quality impacts are restricted to activities conducted by Lindsey Management. If there is sufficient evidence to suggest that impacts are resulting from activities conducted upstream of the Lindsey Management property, the City of Denton will conduct additional sampling to determine the origin of the problem(s). Lindsey Management will only be responsible for rectifying negative water quality impacts associated with activities conducted at the Timbers of Denton facility. Agree to store fuel in double wall tanks and contract with an oil recycling company to handle the disposal of all used oil or waste fuels. Containers for waste fuels and oils will either be stored indoors or will be designed to ensure that there are no chances of storm water impacts. These 7 activities wilf ensure that the potential environmental impacts associated with the operation and maintenance of a golf course are minimized. Issue 3. The construction of the proposed golf course will involve the removal of a substantial amount of upland habitat, although it will remove less than the 50 percent maximum allowed by the Denton Development Code. It is important to realize, however, that the removal of a large number of trees and associated undergrowth will produce a large potential for erosion on. the newly exposed soils. Erosion will be particularly pronounced as the grounds are prepared for turf planting. Since many of these area are located in close proximity to significant surface water resources, what measures will be taken to ensure that sediment loading to water resources will not be a problem? Because of the size of the proposed project, Lindsey Management (or contractors working for Lindsey Management) will be required to have a notice of intent (NOI) filed with the TCEQ and a create and implement a Stormwater Pollution Prevention Plan (SWP3) for the site. The NOI must be posted at the construction site and the SWP3 must be available for review. Representatives for Lindsey management agree to work with contractors to aggressively control erosion during the construction phases of the project and to ensure that the provisions of the S WP3 are adequate and enforced. Erosion control measures may include sediment fences, hay bales, or stabilization using compost. The SWP3 will be required to include provisions to ensure that trash and construction materials do not leave the site unless they are disposed of properly. Post-construction erosion controls will remain in place and will be maintained until vegetative cover is dense enough to minimize erosion (at least 70 percent cover). These provisions will ensure that the impacts of sediment and other construction related activities are minimized. Jan cu ud ub: iap ,/erry Fiat' bUl-5Gl-titf55 P.5 This Agreement may be amended at any time by the mutual written consent of both parties- No modification of this Agreement or waiver of the terms or conditions herein shall be binding upon either party unless approved of in writing by authorized representatives of both parties. The undersigned parties have agreed to abide by the provisions set forth in this Water Quality Agreement as of the day and year written above. o2- dateg/; e CiDe nton 1 J Jim Coulter, Director of Water / Wastewater Utilities Denton, Texas 76209 l James E. Lindsey, Developer Lindsey Management Co., Inc. Fayetteville, AR 72703 Co., Inc. Y' ! M c0 0 J N d v~ yi Z uj w $ o~ N OQ J J J = - M `I J G 0 0 0 j 6 M J J ~0 oo= os o a~ Exhibit B