2002-391ORDIN CE NO. OOX- 2/
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A GAS WELL DEVELOPMENT ON 45.7 ACRES OF LAND LOCATED AT THE
NORTHEAST CORNER OF ROSELAWN DRIVE AND BONNIE BRAE, WITHIN A
NEIGHBORHOOD RESIDENTIAL 4 (NR-4) 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. (Z02-0049)
WHEREAS, Bob Cates, on behalf of Alan Chamberlain and Curtis Elder, has apphed for a
specific use permit for gas well development on 45.7 acres of land located at the northeast comer of
Roselawn Drive and Bonnie Brae, within a Neighborhood Residential 4 (NR-4) zoning district
classification and use designation; and
WHEREAS, on October 23, 2002, the Planning and Zoning Commission recommended
approval ora Specific Use Permit for gas well sites; and
WHEREAS, the City Council finds that the Specific Use Permit is consistent with the
Denton Plan policies; and
WHEREAS, in accordance with Article IH, Division 4, of Chapter 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 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;
That the establishment of the gas well sites lot 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
PAGE 1
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. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference. A specific use permit is hereby granted to allow two gas well sites
on 45.7 acres of land described in the legal description attached hereto and incorporated herein as
Exhibit "A" and located at the northeast comer of Bonnie Brae and Roselawn Drive, within a
Neighborhood Residential 4 (NR-4) zoning district classification and use designation.
SECTION 2. The City's official zoning map is amended to show the change in zoning
district classification.
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. 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.
PASSED AND APPROVED this the/~]~dayof (7~/-~(_~ ,2002
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APP~VED ~S TO LEGAL FORM:
BY: .... ~';,,*,,~ ,,/~/" -
PAGE 2
Exhibit A
FIELD NOTES
45. 715 ACRES
BEING ail that certain lot, tract or parcel of land situated in
the O. Brewster Survey Abstract Number 56 and in the J.
Edmondson Survey Abstract Number 400 and in the Asa Hickman
Survey Ab, stroct Number.5.21 in the City of Denton, Denton County,
Texas, being oil that cerroln tract of land convey~ed by deed
from Estate of Larry B. White Sr. to Estate of Edgar Horace
Linden recorded in Volume 3378, Page 412, Real Property Records
Denton County, Texas and being all th. at cer. toin tract of 'land
conveyed by deed from Viviam Mae (Ab/es,) Vaughn et al to Alanm
R. Chamberlain and Curtis J. Elder recorded in Volume 4542, Page
950, Real Property. Records, Denton County, Texas, and being more
particularly descrlbed as follows:
BEGINNING at a fence corner for corner in the east line of South
Bonnie Brae, a pubEc roadway, said point being the southwest
corner of that certain tract of land conveyedby deed from Earl
M. Wilson to Sue M. Wilson recorded in Volume 774, Page 633, '
Deed Records, Denton County, Texas;
THENCE N 86' 22' 52" E, 267.97 feet with the south line of said
Wilson tract to a fence corner for corner in the west line of
that certain tract of land conveyed by deed from 8oyd Newman and
Weldon O. Taylor to Om P. Singla et al recorded in Volume 1174,
Page 134o Deed, Denton County, Texas and in the west line of the
A. Tompkins Survey Abstract Number 1246;
THENCE S 00' 25' 13" E, 33J. 04 feet with said west line of said
Singla et al tract and with said west line of said Tompkins
Survey to an iron rod found for corner in the north line of said
J. Edmondson Survey Abstract Number 400 said point being the
southwest corner of the A. Tompkins Survey Abstract Number 1246;
THENCE N 89' 58' 48" E, 814.11 feet with the south line of said
Singla et al tract and with the south line of said Tompkins
Survey to an iron rod found for corner, said point being the
southwest corner of said Chaberlain and Elder tract;
THENCE N 00' 0c7' 42" E, 407.91 feet with the west line of said
Chamberlain and Elder tract to an iron rod found for corner,
said point being the northwest corner of said Chamberlain and
Elder trocC
THENCE N 89' 14' 28" E, 561.2~ feet with the north line of said
Chamberlain and Elder tract to an iron rod found for corner in
the west line of the Gulf, Colorado and Santo Fe Railroad
right-of-way;
THENCE along the at',c of a.curve to the right having a central.
onale of 00' 43' 35 a radius of 7565.10 feet, an arc length of
9590 feet, whose chord bears S 30' 28' 49" E, 98.89 feet with
said west line of said Rqitrood Company right-of-way to a
cross-tie fence corner for corner;
THENCE along the ?r,c of a curve fo the right having o central
an¢le of 08' 15' O0 o radius of 5654.70 feet. on arc lenoth of
814.23 feet, whose chord bears S 25' $8' 27~ E, 813.52 ~eet with
said west line of said Railroad Company right-of-way to o
cross-tie fence corner for corner in the west line of Home
Acres, on addition to the City of Denton, Denton County, Texas
according to the plat thereof recorded in Volume I, Page 71/2,
Plot Records, Denton County, Texas;
THENCE S 00' 19' 17" W, 470.58 feet with said west line of said
Home Acres to a cross-tie fence corner for corner in the north
line of Roselown Rood, o public roo~lwoy;
THENCE N 84' 19' 50" Fl, 692.45 feet with said north line of said
Roselown Rood to a 36" oak tree for corner;
THENCE N 77~ 44' 47" Fl, 283.79 feet with said north line of said
Roselawn Road fo on iron rod set for corner in the east line of
said J. Edmondson Survey Abstract Number 400;
THENCE N 89" 45' 37" Fl, 1235.09 feet with' said north line of
said Rose/awn Rood to a fence corner for. corner in said east
line of said South Bonnie Brae;
THENCE N 11' 34' 4,7" E, 510.58 feet with said east i/ne of said
South Bonnie Brae to a fence post for corner;
THENCE N 05' 42' 48" E, 555.89 feet with said east line of said
South Bonnie Brae to the PLACE OF BEGINNING and containing
45.715 .acres of land.