2003-168OP tN CE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A GAS WELL DEVELOPMENT ON APPROXIMATELY 37 ACRES OF LAND
GENERALLY LOCATED NORTH OF OCEAN DRIVE APPROXIMATELY 1,000 FEET EAST
OF TEASLEY LANE, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU)
AND NEIGHBORHOOD RESIDENITAL MIXED USE - 12 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. (Z03-0003)
WHEREAS, Mid Continent Geological, INC. has applied for a specific use permit for a gas
well development within a Neighborhood Residential Mixed Use (NRMU) and Neighborhood
Residential Mixed Use - 12 zoning district classification and use designation on approximately 37
acres of land generally located north of Ocean Drive approximately 1,000 feet east of Teasley Lane,
as more particularly described in Exhibit "A' attached hereto and made a part hereof by reference
(the "Property"); and
WHEREAS, on April 23, 2003, the Planning and Zoning Commission recommended
approval ora Specific Use Permit for a gas well development; and
WHEREAS, the City Council fmds 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 Mixed Use (NRMU) and Neighborhood residential Mixed Use -12 (NRMU- 12) 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
f~acing 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.
3. 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 made a
part hereof as Exhibit "B".
4. Driveway to well site shall be no closer than 18 feet to southern property line.
5. Driveway shall be wetted down to reduce the amount of dust and dirt disturbed during
the drilling process.
6. Permanent access to the wellhead shall be relocated to Hickory Creek Road once the
expansion has been completed.
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 oftkis ordinance shall, upon conviction, be
fined a sm 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.
PAGE 2
PASSED AND APPROVED this the ,~-~&~/day of
,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
BHi:RB~TTORNEY
PAGE 3
Exhibit A
Teeslcy Lane:
LEGAL DESCR~TION
FIELD NOTES to all that certain lot, tract or parcel of land situated in the Berry
Merchant Survey, Abstract # 800, Denton County, Texas and being a re-survey of all of
a called 37.817 acre Tract described in the deed to Herschel V. Forester, Trustee,
recorded in Volume 605, Page 621, Deed Records, Denton County, Texas, the subject
tract being more paniculsrly described as follows:
BEOINNINO at a 1/2 inch iron md found in the East line of a mad under apparent public
use posted as FM Road 2181 for the Southwest comer of the tract being described here,
also being the northwest comer of CMldrens Lighthouse Childcere Learning Center, an
addition to the City of Denton, recorded in Cabinet T, page 309, Plat Records Denton County Texas;
THENCE North 01 Dcgress 21 Minutes 10 Seconds West with thc East line of said road a
distance of 654.64 feet to 1/2 inch capped iron rod set for the Northwest comer of
said herein described tract;
THENCE North g9 Degrees 40 Minutes 01 Seconds East with the North line thereef of said
37.$17 acre tract a distance of 2476.32 feet to a 1 inch iron rod found in the West
linc of Wynstone at Oalonont, Phase II, an addition to the City of Denton, according
to thc plat thereof, recorded in Cabinet S, Page 323, said plat records, for the
Northeast comer of said 37.78 acre tract;
THENCE South 01 Degrees 57 Minums 00 Seconds East with the East line of said tract,
a distance of 650.$3 feet to a 1/2-inch capped iron rod set for thc Southeast comer
of said 37,817,
THENCE South 89 Degrees 34 Minutes 07 Seconds West with the South line of said 37.817
acre u'act a distance of 2483.03 feet to the PLACE OF BEGINNING and enclosing 37.14
acres ofhnd mor~ or less.
EXHIBIT B