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.
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Exhibit B