2003-200S:\Our Documents\Orrllnances\03kZ03-0014.DOC
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT
FOR A GAS WELL DEVELOPMENT ON APPROXIMATELY 40 ACRES OF LAND LOCATED
IN THE CITY OF DENTON IN THE WILLIAM DANIEL SURVEY, ABSTRACT NO. 378 AND
GENERALLY LOCATED SOUTH OF MISSION AVENUNE, NORTH OF HOBSON LANE, AND
EAST U.S. 377 HIGHWAY OR FORT WORTH DRIVE WITHIN A NEIGHBORHOOD
RESIDENTIAL 6 (NR-6) AND COMMUNITY MIXED USE GENERAL (CM-G) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2000.00 FOR VIOLATION THEREOF; AND PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0014)
WHEREAS, Ken Seligman, on behalf of R. L. Adkins Corporation, has applied for a specific
use permit for gas well development within the Neighborhood Residential 6 (NR-6) and Community
Mixed Use General (CM-G) zoning districts classification and use designation on 40 acres of land (the
"Propertf') more particularly described in Exhibit "A" attached hereto and made a part hereof by
reference and as shown on a site plan in the form of a development plat which was previously
reviewed by the Planning and Zoning Commission, a copy of which is attached hereto as Exhibit "B"
and made a part hereof by reference (the "Site Plan"); and
WHEREAS, on May 28, 2003, the Planning and Zoning Commission recommended approval
of a specific use permit for a gas well site; and
WHEREAS, the City Council finds that the specific use permit is consistent with the Denton
Plan, and
WHEREAS, the proposed gas well development meets the requirements of Subchapter 22 of
the Development Code and in accordance with Section 35.6.5 of the Development Code, the City
Council finds that all the following conditions exist:
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; and
The gas well sites 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 sites 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 provide; and
The design, location, and arrangement of all driveways and parking spaces will be provided 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, dust, noise, and vibration; and
Directional lighting will be provided so as not to disturb or adversely affect neighboring
properties; and
That there is sufficient landscaping 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 by reference.
SECTION 2. A specific use permit is hereby granted to allow one gas well site on the
Property within the Neighborhood Residential 6 (NR-6) zoning district classification and use
designation, subject to the following conditions:
Gas well development will be conducted in accordance with the Site Plan and
approved Development Plat and shall comply with the requirements of
Subchapter 22 of the Development Code;
24 hour notice will be provided to residents within 500 feet of the well site prior
to beginning any fi.acing;
An eight-foot high blockage style fence must be constructed on steel posts and
maintained around the gas well site to create a visually appealing screen for the
site;
fi:acing operations are restricted to daylight hours only;
All structures shall have a maximum height not to exceed sixteen feet.
SECTION 3. 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 4. If any provision of this ordinance or the application thereof to any person or
circumstances 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 5. This ordinance shall become effective fourteen (14) days fi.om 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 / J~day of
~ ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER W?TERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
A,,O=Y
Page 3
Hilliard & Fulton
Exhibit A
BEING a Forty acres tract out of the William Daniel survey Abstract 378 and being
particularly described as follows:
BEGINNING in the northeast comer of the 2.935- acre Ralph A. Ragle tract, said tract
being all of the land described in Vol 1151, Page 354, D.R.D.C.T. for the Point of
Beginning.
THENCE North 88 degrees 44 minutes 29 seconds West for 264.52 feet along the
northern border to the northeast comer of said Ragle tract;
THENCE South 01 degrees 48 m'mutes 08 seconds West for 502.49 feet along the eastern
border to the southeast comer of said Ragle tract;
THENCE North 89 degrees 20 m'mutes 12 seconds West for 489.17 feet along the
northern border of the Hilliard tract said tract being all of the land described in Vol 1075,
Page 800, D.R.D.C.T. to the northwest comer;
THENCE South 25 degrees 05 minutes 31 seconds West for 141.29 feet along the
western border to the southwest comer of said Hilliard tract;
THENCE South 27 degrees 13 minutes 40 seconds West for 242.42 feet along the
western border of the Brown tract said tract being all of the land described in Vol 2952,
Page 661, D.R.D.C.T. to the southwest comer;
THENCE South 28 degrees 22 minutes 00 seconds West for 107.98 feet along the
western border of the Branum tract said tract being all of the land described in Vol 1253,
Page 783, D.R.D.C.T. to the southwest comer;
THENCE South 35 degrees 27 minutes 23 seconds West for 137.86 feet along the
western border of the Clearman & Owens Inc tract said tract being all of the land
described in Vol 657, Page 393, D.R.D.C.T. to the southwest comer;
THENCE South 35 degrees 26 minutes 55 seconds West for 232.16 feet along the
western border of the Brooks tract said tract being all of the land described in Vol 1226,
Page 653, D.R.D.C.T. to the southwest comer to a comer;
THENCE South 40 degrees 27 minutes 01 seconds West for 153.92 feet along the
western border of the Hilliard & Fulton tract said tract being all of the land described in
Vol 570, Page 551, D.R.D.C.T. to the southwest comer to a comer;
THENCE South 88 degrees 53 minutes 20 seconds East for 375.12 feet along the
southern border of said Hilliard & Fulton tract to a point for comer;
Page 1 of 2 Hilliard Fulton Gas Lease
Hilliard & Fulton
Exhibit A
THENCE South 443.67 feet to a point for a comer said point being in the southern border
of the Vandesmith Developers, LTD tract said tract being all of the land described in Vol.
3433, Page 142, D.R.D.C.T;
THENCE East 2090.07 feet along the southern border of said Vandesmith Developer,
LTD tract to a comer;
THENCE North 00 degrees 10 minutes 04 seconds East for 117.64 feet to a comer said
comer being in the eastern border of said Vandesmith tract;
THENCE North 88 degrees 53 minutes 20 seconds West for 1029.81 feet to a comer;
THENCE North 02 degrees 26 minutes 00 seconds East for 1150.27 feet to a comer said
comer being the northeast comer of the Hilliard tract said tract being all of the land
described in Vol 895, Page 269, D.R.D.C.T.;
THENCE North 87 degrees 38 minutes 38 seconds West for 187.08 feet along the
northern border of said Hilliard tract to a point for a comer;
THENCE North 00 degrees 56 minutes 21 seconds East for 504.32 feet to the Place Of
Beginning, and conta'ming some 40 acres of land, more or less.
Page 2 of 2 Hilliard Fulton Gas Lease
Exhibit B