2003-135AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A GAS WELL DEVELOPMENT ON APPROXIMATELY 95 ACRES OF LAND
GENERALLY LOCATED EAST OF THE INTERSECTION OF BONNIE BRAE AND THE
FUTURE EXTENSION OF VINTAGE BOULEVARD IN THE WILLIAM ROARK SURVEY,
ABSTRACT NO. 1087, WITHIN A NEIGHBORHOOD RESIDENTIAL 6 0XlR-6) 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. (Z03-0011)
WHEREAS, Ken Seligman, R.L. Adldns, has applied for a specific use permit for a gas well
development within a Neighborhood Residential 6 zoning district classification and use designation
on approximately 95 acres of land generally located east of the intersection of Bonnie Brae and the
future extension of Vintage Boulevard, as more particularly described in Exhibit "A' attached hereto
and made a part hereof by reference (the "Property"); and
WHEREAS, on April 9, 2003, 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 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:
1. All residences within 500 feet of the well site will be noticed 24 hours prior to the
fracing of the wellhead.
2. Fracing operations are restricted to daylight hours only.
3. All structures shall have a maximum height of 16 feet.
4. An 8 foot wooden fence will be installed on steel post around the well site to create a
visually appealing screen for the well site prior to production of the well.
5. The barricade located at the end of Vintage Blvd. shall be improved and maintained
by the developer to prevent access to the private drive connecting Vintage Blvd. To
Bonnie Brae. Conspicuous no trespassing signs shall be posted and maintained by
the developer at said location, that are a sufficient warning to enable the prosecution
of trespass violators.
6. Development and operation of the gas well development shall be in accordance with
the site plan on file in the City Planning Depathnent, a copy of which is attached
hereto and made a part hereof as Exhibit "B".
SECTION 3. Notwithstanding the description of the Property, the property being rezoned
inehides 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 fzom 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 ~/~.~_?~_ day of C~
,2003.
PAGE 2
EULINEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~
PAGE 3
Exhibit A- The Meadows at Hickory Creek
95.559 acres situated in the WILLIAM ROARK SURVEY, Abst, No. 1057, Denton
County, Texas, being all that certain tract of land conveyed to Denton County Joint
Venture, by deed recorded in Volume 2399, Page 108, Deed Records, Denton County,
Texas, said 95.559 acres being mor~ pmicularly described as follows:
Besinning at a 1/2, iron found in Bonnie Brae Street (R.O.W. varies) at the northwest
comer of said Denton County Joint Venture tra~ and the southwest comer of that certain
tract of lend conveyed to New Time Investments Corporation, by deed recorded in
Volume 2399, Page 112, Deed Records, Denton County, Texas, said point being South
00 degrees 27 minutes 19 seconds West, 1354.49 feet from a 1" iron found at the called
northwest comer ofasid ROARK SURVEY;
THHNCE North 89 degrees 08 minutes 48 seconds East, along the common line of said
Denton County Joint Venture and New Time Investments Corporation tracts, 3199.85
feet to a 1/2" iron found at the northeast corner of said Denton County Joint Venture
tract, in the west line of that certain tract of land conveyed to V.D. Bm'ch, by deed
recorded in Voinme 288, Page 137, Deed Records, Denton County, Texas,
THENCE South 00 degrees 19 minutes $1 seconds West, along the common line of said
Denton County Joint Venture tract and said Burch tract, 1324.98 feet lo a railroad cross
tie found at the southeast comer of said Denton County Joint Venture tract;
THENCE South 89 degrees 49 minutes 12 seconds West, continuing along the common
line of said DenWn County Joint Venture tract and said Butch tract, 1500.72 feet to a 1/2"
iron found at the most westerly .northwest comer of said Butch tract and the northeast
corner of that certsln tract of lend conveyed to Robert Coston et al, by deed recorded in
Clerks File No. 93-0089896, Deed Records, Denton County, Texas;
THENCE North 39 degrees 29 minutes 08 seconds West, along the common line of said
Denton County Joint Venture tract and said Coston et al, tract, 1700.62 feet to a 1" iron
found in the west line of said Bonnie Brae Street;
THENCE Notih 00 degrees 25 minutes 34 seconds East, along said Bonnie Brae Street,
1266.79 feet to the POINT OF BEGINNING and containing 95.559 acres of land, more
orless.
EXHIE
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