2003-169O INANCE NO. e
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A GAS WELL DEVELOPMENT ON APPROXIMATELY 17.3 ACRES OF LAND
GENERALLY LOCATED SOUTH OF HICKORY CREEK ROAD APPROXIMATELY 1,000
FEET WEST OF TEASLEY LANE, WITHIN A NEIGHBORHOOD RESIDENTIAL 6 (NR-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. (Z03-0012)
WHEREAS, Mid Continent Geological, INC. 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 17.3 acres of land generally located south of Hickory Creek Road
approximately 1,000 feet west of Teasley Lane, as more particularly described in Exhibit "A'
attached hereto and made a part hereof by reference (the "Property"); and
WHEREAS, on March 26, 2003, the Planning and Zoning Commission recommended
approval of a 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 £mds 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 f'mdings 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
fi: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".
SECTION 3. Notwithstanding the description of the Property, the property being rezoned
includes all property to the centerline of all adjacent street fights-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.
,~d ~ 2003.
PASSED AND APPROVED this the ~ ~ day of ,
EULINE BROCK, MAYOR
PAGE 2
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
PAGE 3
Exhibit "A"
FIELD NOTES to all that certain tract of land S.A. Venters Survey Abstract Number
1315, City of Denton, Denton County, Texas and being part of the called 20.442 acre
tract described in the deed from Alvin E. Meredith et ux to Western Place Inc. recorded
in Volume 829, Page 474 of the Deed records of Denton County, Texas; the subject tract
being more particularly described as follows:
BEGINNING at the West corner of the herein described tract, South 03 Degrees 54
Minutes West a distance of 557.7 feet and South 86 Degrees 05 Minutes East a distance
of 33.7 feet from a PK nail found in Hickory Creek Road at the North Northeast comer of
the called 3.13 acre tract described in the deed from Gordon Meredith to the City of
Denton recorded in Volume 4647, Page 3452 of the said Deed Records;
THENCE North 47 Degrees 27 Minutes East a distance of 215.0 feet;
THENCE South 42 Degrees 33 Minutes East a distance of 240.0 feet to the North line of
the Texas Municipal Power Agency 75 foot Utility Easement recorded in Volume 1139,
Page 757 of the said Deed Records;
THENCE South 47 Degrees 27 Minutes West with the North line of the Texas Municipal
Power Agency 75 foot Utility Easement a distance of 215.0 feet;
THENCE North 42 Degrees 33 Minutes West a distance of 240.0 feet to the PLACE OF
BEGINNING and enclosing 1.18 acres of land more or less.
EXHIBIT B