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 Okay, it is 6.01 and I call the work session for Planning and Zoning Commission to order.

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 And I guess the first item that we have is comments on agenda items.

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 I see nobody here, I'm assuming there's no comments.

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00:00:20,760 --> 00:00:25,240
 And then public hearing items, again, no one's here, so I guess I'm not doing that.

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00:00:25,240 --> 00:00:30,680
 So we'll flip over and go over to our work session.

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00:00:30,680 --> 00:00:35,520
 So again, number one, citizen comments and consent items.

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 Nothing?

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00:00:36,520 --> 00:00:37,520
 Okay.

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00:00:37,520 --> 00:00:41,880
 Clarification on agenda items listed on the agenda for this meeting.

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 Does anybody need clarification?

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00:00:44,280 --> 00:00:45,280
 Okay.

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00:00:45,280 --> 00:00:56,000
 Then we'll move on to our work session reports, PZ25-175.

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 Thank you.

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 Good evening everyone, Angie Manglaris, Development Review Manager.

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 And continuing with our trend of educational boot camps, today we're going to be delving

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 into the world of gas wells and gas well regulations.

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 So some things we'll cover today is gas well development, including zoning districts, required

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 setbacks, reverse setbacks, protected land uses, measuring setbacks.

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00:01:28,560 --> 00:01:33,600
 We'll touch briefly on gas well development site plans and we'll talk about relief measures.

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 First, I thought it might be kind of helpful to see areas in which there are or have been

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 gas wells within both the city and in the extraterritorial jurisdiction.

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 So green generally notes gas wells that are, they could be active or plugged within the

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 city limits and then the red would be those areas in our ETJ.

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 By and large, they are to the west of I-35W and then a little bit more along our southern

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 boundaries.

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 So first, before we go too far into what the DDC says as it relates to gas wells, it's

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 important to understand state law and where our ability to regulate gas well regulations

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 comes into play.

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 So the Texas Natural Resource Code, Section 81 provides some guidance, essentially says

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 except for as provided by subsection C, and we'll go into that in just a second, a municipality

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 or political subdivision may not enact or enforce an ordinance or other measure that

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 effectively bans, limits or otherwise regulates an oil and gas operation.

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 That subsection C does go on to say that the municipality or other political subdivision

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 is expressly preempted except that a municipality may enact, amend or enforce an ordinance that

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 otherwise regulates only above ground activity and the regulation is generally to govern

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 fire and emergency response, traffic, lights or noise or impose reasonable setback requirements.

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 And not effectively prohibit an oil and gas well operation that is conducted by a reasonable

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 owner.

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 So having said all of that, excuse me, DDC subchapter 6 is dedicated to gas wells and

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 that specifies our requirements for gas well development within the city of Denton.

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 The purpose of subchapter 6 is to necessitate reasonable regulations to prevent devaluation

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 of property, protect watersheds and to ensure that gas well drilling and production activities

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 are compatible with adjacent land uses.

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 Furthermore, these regulations are designed to protect the health, safety and general

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 welfare of the public.

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00:03:48,080 --> 00:03:51,360
 So we treat gas wells like a function of zoning.

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00:03:51,360 --> 00:03:57,600
 You will find it in the table of allowed uses as its own allowed use.

48
00:03:57,600 --> 00:04:01,800
 As touched on, we can't prohibit gas wells and so they are permitted in all of our zoning

49
00:04:01,800 --> 00:04:05,800
 districts but do come with some use specific standards.

50
00:04:05,800 --> 00:04:08,320
 And those are contained in subchapter 6.

51
00:04:08,320 --> 00:04:12,360
 So we do treat gas wells as an industrial land use.

52
00:04:12,360 --> 00:04:16,880
 The regulations as I mentioned are laid out in both subchapter 5, the table of allowed

53
00:04:16,880 --> 00:04:22,480
 uses, but really more specifically subchapter 6 is where all of those regulations lie.

54
00:04:22,480 --> 00:04:27,640
 Gas well development, because it's a function of zoning, this applies to land area within

55
00:04:27,640 --> 00:04:29,520
 the city limits.

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00:04:29,520 --> 00:04:33,500
 So in our ETJ, we don't have land use authority out there.

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 This is everything that's within the city limits.

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 So a couple things, the big topics when it comes to gas well development and you may

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00:04:42,520 --> 00:04:49,280
 hear us on occasion or see it referenced on a plat are setbacks and reverse setbacks.

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 I think first before we dive into what those are, it might help to understand what we call

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 a protected use.

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 And so protected use is defined as any dwelling, church, park, public library, hospital, schools,

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 senior centers, recreational centers, hotels or motels.

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 We consider all of those protected uses.

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 The requirement is for -- and we're going to use our pointer here a little bit.

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 You see that?

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00:05:16,360 --> 00:05:17,360
 Okay.

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 A drilling and production site setback, that is when a new gas well is coming in, it must

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 be setback from protected uses.

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 So we have our home and we have our church here.

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 We have a minimum distance separation requirement for those uses.

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 So we have drilling and production site setbacks.

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 And I'll get more into the specifics of the distances for setbacks.

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 But here's your protected uses.

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 For a new gas well coming in, we measure from that use to the boundaries of the gas well

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 that's coming in.

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 A reverse setback is not a term we use a ton, but it's when the inverse of the situation

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 occurs.

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 This gas well is already in existence, but a protected use is wanting to come in and

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 be adjacent to it.

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00:06:07,120 --> 00:06:12,220
 So that use must meet a minimum reverse setback from an already approved or existing drilling

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 and production site.

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00:06:15,160 --> 00:06:18,920
 Really different terminology, but essentially kind of mean the same thing.

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00:06:18,920 --> 00:06:23,440
 When the new gas well is coming in, that setback is the new gas well being separated from those

85
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 protected uses.

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 Or if that gas well is already in existence, residential development or a protected land

87
00:06:29,920 --> 00:06:37,440
 use wants to come in around it, we'll call it a reverse setback in that case.

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00:06:37,440 --> 00:06:40,580
 This might help clarify some things a little bit further.

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 So for new drilling and production sites, and really all of our zoning districts apart

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 from the light industrial and heavy industrial, the site setback is 1,000 feet.

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00:06:52,300 --> 00:06:59,640
 We do have a minimum setback of 500 feet, and that minimum setback is the minimum separation

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 distance that must be maintained.

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 For reverse setbacks, it's 500 feet and 250 feet for the minimum.

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 Then within the LI and HI zoning where you're not likely to have any residential or those

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00:07:14,880 --> 00:07:23,000
 protected uses, that is reduced to 250 feet for drilling and production site setbacks,

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 and then that reverse setback can be taken all the way down to 250 feet if it happens

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 to be adjacent to some land use.

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00:07:31,680 --> 00:07:35,640
 This goes on to further elaborate that, again, in all of our zoning districts apart from

99
00:07:35,640 --> 00:07:42,920
 LI or HI, so our industrial zoning districts, the reverse setback for a drilling and production

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 site needs to be 500 feet, but that minimum reverse setback could be as low as 250 feet.

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00:07:52,520 --> 00:07:57,560
 And again, those are the distances between the gas well and protected land uses within

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 the area.

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00:08:01,200 --> 00:08:08,240
 When we measure setbacks, this is a map kind of drilled in that'll show in the red, you

104
00:08:08,240 --> 00:08:13,780
 have your 500 foot setback, and then the blue would be the 1,000.

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00:08:13,780 --> 00:08:18,080
 These are the wells, kind of the different shapes, and that yellow area, we can generally

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 just call their pad site.

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 So when looking at a drilling and production site setback, we're measuring from the proposed

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 boundaries of that site in a straight line to either the closest exterior point of any

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 occupied structure that's a protected use, or to the boundary of a residential lot.

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 Reverse setback, do it the inverse way, you're taking that closest point from either a protected

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 use, the structure that's habited, the residential lot, and you're measuring in a straight line

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 to the closest boundary of an already existing gas well pad site.

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 So if we were to say that this was a, we'll use this one, this is a protected use, those

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00:09:04,680 --> 00:09:10,880
 lines are being measured, we're not like, it's not following a street or the typical

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 means of transportation, more of the as the crow flies measurement system, and it's from

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 either the residential lot boundary, if it's a residential lot, or the structure that a

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 protected use is in to the boundary of the gas well pad site.

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 It sounds like a lot, there's a lot of terms, setback and reverse setback, but essentially

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 we're measuring distance to distance or point to point, making sure we meet those minimum

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 setbacks.

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 It's also important to note that because all this is a function of zoning, this does apply

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 within the city limits, then the ETJ, we can't apply it in those land areas.

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 For circumstances when we do get new gas well sites wanting to come into the city, and I

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 will say it's been years since one has even asked to come in, we do have a process outlined

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 within subchapter 6 on how that should occur, so we have what we call gas well development

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 site plans, and that is the process through which somebody could get a permit to establish

127
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 a new gas well.

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 So somebody would come in, they would ask for a permit for a new drilling and production

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 site, and we would direct them to the gas well development site plan process.

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 That gas well development site plan process is carried out like a development plan, so

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 they would actually follow procedures in subchapter 2, the gas well development process, and at

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 that point staff would review everything associated with that new proposed pad site.

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 Once approved, it has pretty similar time frames to all of our other kind of applications

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 that get approved.

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 Let's see, it expires unless a complete application for a gas well permit has been filed within

136
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 a year of the approval date of that site plan, or no drilling or production activities have

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 occurred on the site for a period of three years.

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 So once somebody gets that site plan approved, they have a year to get that permit filed,

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 and then up to three years if there's no activity that has been occurring on the site.

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 Again, these are not things we see regularly at all today, I actually can't tell you the

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 last time we did see one, it predates my time here, but there is a process, should for some

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 reason that ever come up again, it's outlined in both subchapter 6 and in subchapter 2.

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 And then, okay, finally, we talked a lot about setbacks and reverse setbacks.

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 We do provide relief measures for those who would seek to possibly reduce the reverse

145
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 or setback for their use, and so we'll walk through the options for gas well site setbacks,

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 and then we'll walk through the options for protected use reverse setbacks.

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 So for a new gas well operator wanting to come in, should they want to seek a reduction

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 from that required setback, we have three options for them.

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 One is a waiver procedure, one would be to go to the ZBA, the Zoning Board of Adjustment,

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 and then the other is to seek relief through administrative processes.

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 For the waiver procedure, that setback can be reduced to as low as 250 feet, so that

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 is that minimum setback that we talked about earlier, but it requires the operator to get

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 written notarized waivers from 100% of landowners of protected uses and residential lots that

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 are within that affected area.

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 So we would need 100% sign off rate for that reduction.

156
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 Option two would be to go to the Zoning Board of Adjustment.

157
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 As you all know, the Zoning Board of Adjustment can grant relief and variances, and they could

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 vote on that and reduce the setback to as low as 250 feet as well.

159
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 And then finally, administrative relief procedures, that allows for the setback to be taken down

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 to 375 feet, so not quite as much as some of the other procedures, and the operator

161
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 needs to agree to limit that gas well development on existing sites that might be located closer

162
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 to the protected uses, and that goes through our typical administrative review processes

163
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 and would be reviewed by the director.

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 So that's a new site looking to come in.

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 What we see more commonly is a new protected use seeking to come in closer to a gas well,

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 and so in that case, they may ask for relief from the reverse setback measures.

167
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 So say there was an apartment complex wanting to come in on a lot that was largely encumbered

168
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 by that reverse setback, those are the cases we see more on a day-to-day basis or day-to-days

169
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 extreme, a yearly basis maybe it comes up.

170
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 So similar procedures, they could seek to go to the Zoning Board of Adjustment.

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 They're allowed to grant relief should they find it's necessary.

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 Still reviewing to ensure that they still feel like public health and safety are generally

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 preserved.

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 It follows all the same criteria approval that generally variance would follow.

175
00:14:28,680 --> 00:14:34,640
 So the ZBA will review it for all of that, and again, it can be taken down to that minimum

176
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 setback that we allow, which is 250 feet.

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00:14:40,000 --> 00:14:46,040
 Applicants could also seek, again, administrative relief, and that is allowed to go down to

178
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 375 feet, so again, not quite the full 250.

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 And relief could be granted provided that at least 50 percent of the site is encumbered,

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 and that they've utilized the other methods that we offer to help make their site work.

181
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 And so when -- I'll go back to my multifamily example.

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 It's kind of the easiest to visualize, and this wouldn't apply to a home anyway.

183
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 But if a protected use is coming in on a site that's encumbered by a gas well, we offer

184
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 some built-in relief measures that would allow them to maybe increase the height of their

185
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 building by up to 20 percent, or reduce their parking by 20 percent, and the reason being

186
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 is that allows them to utilize the space in a different manner so that they're not necessarily

187
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 getting closer to the gas well, but they're going taller and maybe more narrow, and they

188
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 don't maybe need that relief.

189
00:15:38,240 --> 00:15:42,320
 So should they demonstrate that that didn't quite work for them, and they're, you know,

190
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 still encumbered by the site, at that point, they can come forward and ask for administrative

191
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 relief.

192
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 When we review those, we are looking for what other benefit is occurring in this to make

193
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 sure the site still works, but again, it can't be reduced all the way to the 250.

194
00:15:58,380 --> 00:16:01,720
 Staff can only grant down to 375.

195
00:16:01,720 --> 00:16:06,840
 So it's not quite the full relief, but it also doesn't take as many steps to get there.

196
00:16:06,840 --> 00:16:12,680
 So depending on what the use is, that works for people as well.

197
00:16:12,680 --> 00:16:21,400
 A little complicated, and there's a lot to all of this, but hopefully that makes sense.

198
00:16:21,400 --> 00:16:22,400
 And that was it.

199
00:16:22,400 --> 00:16:30,400
 So I'm happy to -- that was a lot of information, but not too much in depth on some topics, so

200
00:16:30,400 --> 00:16:32,920
 if we need to come back later, too, we can.

201
00:16:32,920 --> 00:16:40,200
 My question is, what -- first of all, I want to say very wonderful presentations.

202
00:16:40,200 --> 00:16:44,160
 They're all very professional and educational.

203
00:16:44,160 --> 00:16:46,760
 Appreciate you and all your work.

204
00:16:46,760 --> 00:16:54,680
 Are there any items in the codes on six or two, or anything under review for modifications?

205
00:16:54,680 --> 00:16:58,680
 I know we have our development code review committee.

206
00:16:58,680 --> 00:17:02,960
 Is it Klai, our chair?

207
00:17:02,960 --> 00:17:06,440
 I can tell you, no, it's not.

208
00:17:06,440 --> 00:17:07,440
 Okay.

209
00:17:07,440 --> 00:17:08,440
 No.

210
00:17:08,440 --> 00:17:11,560
 We're talking trees.

211
00:17:11,560 --> 00:17:15,120
 Okay.

212
00:17:15,120 --> 00:17:16,280
 Any other questions for Angie?

213
00:17:16,280 --> 00:17:17,280
 Go ahead.

214
00:17:17,280 --> 00:17:25,160
 It's not really a question, just more of educate a person that's newer to Texas.

215
00:17:25,160 --> 00:17:32,080
 As an adult, this is my fourth state I've lived in, and is it just that there is gas

216
00:17:32,080 --> 00:17:38,440
 that's plentiful in the Texas soil and that's why you see so many gas wells and you have

217
00:17:38,440 --> 00:17:40,080
 it in the code?

218
00:17:40,080 --> 00:17:44,280
 It's just because of that huge natural resource that's here?

219
00:17:44,280 --> 00:17:49,240
 There is definitely the natural resource here in the state of Texas, and then obviously

220
00:17:49,240 --> 00:17:51,680
 we're preempted by the state from prohibiting it.

221
00:17:51,680 --> 00:17:59,800
 I think this map really does a good job at showing where those resources are located.

222
00:17:59,800 --> 00:18:05,880
 It's not that necessarily 35 is an impossible barrier, but that is sort of that western

223
00:18:05,880 --> 00:18:06,880
 line.

224
00:18:06,880 --> 00:18:07,880
 Is it the Barnett Shale?

225
00:18:07,880 --> 00:18:13,360
 You can pretty clearly see where the Barnett Shale exists under our city limit.

226
00:18:13,360 --> 00:18:18,040
 It is a natural resource, and we're preempted from regulating it, and again, this map is

227
00:18:18,040 --> 00:18:21,360
 a great depiction of exactly where that resource is.

228
00:18:21,360 --> 00:18:22,360
 Okay.

229
00:18:22,360 --> 00:18:27,240
 It's just, you know, it's always interesting because every area has different nuances.

230
00:18:27,240 --> 00:18:28,240
 Yes.

231
00:18:28,240 --> 00:18:29,240
 Thank you.

232
00:18:29,240 --> 00:18:35,720
 I'll actually add to that because I was actually working here when a lot of the gas well development

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 was happening, and Denton was very proactive in shutting them down, and then that's when

234
00:18:41,120 --> 00:18:47,120
 the state decided to get involved, and the state started changing rules for everybody.

235
00:18:47,120 --> 00:18:51,480
 Here's another comment, did you call me?

236
00:18:51,480 --> 00:18:57,880
 Another comment, Commissioner Dyer, I'll agree with Clye, and just to piggyback on that,

237
00:18:57,880 --> 00:19:03,560
 that's when our current political landscape changed, and there was a spark of activism

238
00:19:03,560 --> 00:19:10,520
 in the community that we had not seen before over that issue.

239
00:19:10,520 --> 00:19:15,760
 Were they happy to have the regulation from the state or unhappy to have the regulation

240
00:19:15,760 --> 00:19:16,760
 from the state?

241
00:19:16,760 --> 00:19:17,760
 Well, unhappy.

242
00:19:17,760 --> 00:19:18,760
 In your opinion.

243
00:19:18,760 --> 00:19:19,760
 Unhappy.

244
00:19:19,760 --> 00:19:28,720
 But the growth, and it wasn't an anti-development, but this was the beginning of the anti-development

245
00:19:28,720 --> 00:19:33,120
 movement in Denton in the political group was activated.

246
00:19:33,120 --> 00:19:35,560
 It was like a button was pushed.

247
00:19:35,560 --> 00:19:36,560
 Okay.

248
00:19:36,560 --> 00:19:37,560
 Thank you.

249
00:19:37,560 --> 00:19:38,560
 All right.

250
00:19:38,560 --> 00:19:39,560
 Thanks, Anzi.

251
00:19:39,560 --> 00:19:40,560
 Thank you, guys.

252
00:19:40,560 --> 00:19:41,560
 Yeah.

253
00:19:41,560 --> 00:19:42,560
 Okay.

254
00:19:42,560 --> 00:19:55,920
 Well, then I guess that's the only thing left on our work session, so I will adjourn the

255
00:19:55,920 --> 00:19:59,840
 work session at 621, we've got a few minutes for regular session.

256
00:19:59,840 --> 00:20:00,840
 Okay.

257
00:20:00,840 --> 00:20:07,120
 It is 630, and I am calling the regular meeting of the Denton Planning and Zoning Commission

258
00:20:07,120 --> 00:20:08,320
 to order.

259
00:20:08,320 --> 00:20:13,000
 Our first order of business is Pledge of Allegiance, so please rise and join me in saying Pledge

260
00:20:13,000 --> 00:20:14,000
 of Allegiance.

261
00:20:14,000 --> 00:20:23,000
 I pledge allegiance to the flag of the United States of America, and to the republic for

262
00:20:23,000 --> 00:20:31,160
 which it stands, one nation, under God, indivisible, with liberty and justice for all.

263
00:20:31,160 --> 00:20:40,800
 I honor the Texas flag, I pledge allegiance to the Texas, one state, under God, one and

264
00:20:40,800 --> 00:20:41,800
 indivisible.

265
00:20:41,800 --> 00:20:43,160
 Okay.

266
00:20:43,160 --> 00:20:47,600
 That moves us on to the next item, item number two, consider approval of the Planning and

267
00:20:47,600 --> 00:20:51,840
 Zoning Commission's minutes for PZ 25176.

268
00:20:51,840 --> 00:21:01,080
 I'll entertain them, oh, got a motion and a second, let's vote.

269
00:21:01,080 --> 00:21:25,060
 Okay, and the item passes, so that moves us on to item number three, Consent Agenda, and

270
00:21:25,060 --> 00:21:31,480
 I'll entertain a motion.

271
00:21:31,480 --> 00:21:46,120
 Okay, we have a motion and a second, let's vote.

272
00:21:46,120 --> 00:22:01,000
 Okay, super long agenda that moves us on to item number four, Planning and Zoning Commission

273
00:22:01,000 --> 00:22:04,440
 Project Matrix, PZ 25-027.

274
00:22:04,440 --> 00:22:15,080
 All right, I have no updates for you all for City Council items since our last meeting.

275
00:22:15,080 --> 00:22:19,080
 We will be, I believe, checking the box on one of our matrix items that's been hanging

276
00:22:19,080 --> 00:22:23,120
 out there for a while, which was the Guesswell Regulation Discussion, so you'll see that

277
00:22:23,120 --> 00:22:26,760
 update on the matrix for your next meeting, and we're happy to add anything else to the

278
00:22:26,760 --> 00:22:29,840
 matrix that you all might wish to discuss.

279
00:22:29,840 --> 00:22:35,000
 Does anybody have anything they'd like to see added to the matrix?

280
00:22:35,000 --> 00:22:40,440
 Okay, there are none, that moves us on to item five, Concluding Items.

281
00:22:40,440 --> 00:22:46,000
 Are there any Concluding Items?

282
00:22:46,000 --> 00:22:50,120
 Okay, well then I call this meeting adjourned at 633.