WEBVTT

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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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 And then public hearing items, again, no one's here, so I guess I'm not doing that.

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 So we'll flip over and go over to our work session.

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 So again, number one, citizen comments and consent items.

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 Nothing?

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 Okay.

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 Clarification on agenda items listed on the agenda for this meeting.

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 Does anybody need clarification?

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 Okay.

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 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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 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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 So we treat gas wells like a function of zoning.

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 You will find it in the table of allowed uses as its own allowed use.

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 As touched on, we can't prohibit gas wells and so they are permitted in all of our zoning

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 districts but do come with some use specific standards.

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 And those are contained in subchapter 6.

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 So we do treat gas wells as an industrial land use.

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 The regulations as I mentioned are laid out in both subchapter 5, the table of allowed

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 uses, but really more specifically subchapter 6 is where all of those regulations lie.

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 Gas well development, because it's a function of zoning, this applies to land area within

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 the city limits.

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 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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 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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 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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 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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 Really different terminology, but essentially kind of mean the same thing.

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 When the new gas well is coming in, that setback is the new gas well being separated from those

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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

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 use wants to come in around it, we'll call it a reverse setback in that case.

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 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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 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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 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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 This goes on to further elaborate that, again, in all of our zoning districts apart from

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 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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 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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 When we measure setbacks, this is a map kind of drilled in that'll show in the red, you

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 have your 500 foot setback, and then the blue would be the 1,000.

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 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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 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

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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

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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

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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.

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

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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.

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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

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

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

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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.

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

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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

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 extreme, a yearly basis maybe it comes up.

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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.

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 So the ZBA will review it for all of that, and again, it can be taken down to that minimum

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 setback that we allow, which is 250 feet.

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 Applicants could also seek, again, administrative relief, and that is allowed to go down to

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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.

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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.

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

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

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

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

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

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 don't maybe need that relief.

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 So should they demonstrate that that didn't quite work for them, and they're, you know,

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

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 relief.

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

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

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 Staff can only grant down to 375.

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 So it's not quite the full relief, but it also doesn't take as many steps to get there.

00:16:06.840 --> 00:16:12.680
 So depending on what the use is, that works for people as well.

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 A little complicated, and there's a lot to all of this, but hopefully that makes sense.

00:16:21.400 --> 00:16:22.400
 And that was it.

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

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 if we need to come back later, too, we can.

00:16:32.920 --> 00:16:40.200
 My question is, what -- first of all, I want to say very wonderful presentations.

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 They're all very professional and educational.

00:16:44.160 --> 00:16:46.760
 Appreciate you and all your work.

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?

00:16:54.680 --> 00:16:58.680
 I know we have our development code review committee.

00:16:58.680 --> 00:17:02.960
 Is it Klai, our chair?

00:17:02.960 --> 00:17:06.440
 I can tell you, no, it's not.

00:17:06.440 --> 00:17:07.440
 Okay.

00:17:07.440 --> 00:17:08.440
 No.

00:17:08.440 --> 00:17:11.560
 We're talking trees.

00:17:11.560 --> 00:17:15.120
 Okay.

00:17:15.120 --> 00:17:16.280
 Any other questions for Angie?

00:17:16.280 --> 00:17:17.280
 Go ahead.

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.

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

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

00:17:38.440 --> 00:17:40.080
 it in the code?

00:17:40.080 --> 00:17:44.280
 It's just because of that huge natural resource that's here?

00:17:44.280 --> 00:17:49.240
 There is definitely the natural resource here in the state of Texas, and then obviously

00:17:49.240 --> 00:17:51.680
 we're preempted by the state from prohibiting it.

00:17:51.680 --> 00:17:59.800
 I think this map really does a good job at showing where those resources are located.

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

00:18:05.880 --> 00:18:06.880
 line.

00:18:06.880 --> 00:18:07.880
 Is it the Barnett Shale?

00:18:07.880 --> 00:18:13.360
 You can pretty clearly see where the Barnett Shale exists under our city limit.

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

00:18:18.040 --> 00:18:21.360
 a great depiction of exactly where that resource is.

00:18:21.360 --> 00:18:22.360
 Okay.

00:18:22.360 --> 00:18:27.240
 It's just, you know, it's always interesting because every area has different nuances.

00:18:27.240 --> 00:18:28.240
 Yes.

00:18:28.240 --> 00:18:29.240
 Thank you.

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

00:18:35.720 --> 00:18:41.120
 was happening, and Denton was very proactive in shutting them down, and then that's when

00:18:41.120 --> 00:18:47.120
 the state decided to get involved, and the state started changing rules for everybody.

00:18:47.120 --> 00:18:51.480
 Here's another comment, did you call me?

00:18:51.480 --> 00:18:57.880
 Another comment, Commissioner Dyer, I'll agree with Clye, and just to piggyback on that,

00:18:57.880 --> 00:19:03.560
 that's when our current political landscape changed, and there was a spark of activism

00:19:03.560 --> 00:19:10.520
 in the community that we had not seen before over that issue.

00:19:10.520 --> 00:19:15.760
 Were they happy to have the regulation from the state or unhappy to have the regulation

00:19:15.760 --> 00:19:16.760
 from the state?

00:19:16.760 --> 00:19:17.760
 Well, unhappy.

00:19:17.760 --> 00:19:18.760
 In your opinion.

00:19:18.760 --> 00:19:19.760
 Unhappy.

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

00:19:28.720 --> 00:19:33.120
 movement in Denton in the political group was activated.

00:19:33.120 --> 00:19:35.560
 It was like a button was pushed.

00:19:35.560 --> 00:19:36.560
 Okay.

00:19:36.560 --> 00:19:37.560
 Thank you.

00:19:37.560 --> 00:19:38.560
 All right.

00:19:38.560 --> 00:19:39.560
 Thanks, Anzi.

00:19:39.560 --> 00:19:40.560
 Thank you, guys.

00:19:40.560 --> 00:19:41.560
 Yeah.

00:19:41.560 --> 00:19:42.560
 Okay.

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

00:19:55.920 --> 00:19:59.840
 work session at 621, we've got a few minutes for regular session.

00:19:59.840 --> 00:20:00.840
 Okay.

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

00:20:07.120 --> 00:20:08.320
 to order.

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

00:20:13.000 --> 00:20:14.000
 of Allegiance.

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

00:20:23.000 --> 00:20:31.160
 which it stands, one nation, under God, indivisible, with liberty and justice for all.

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

00:20:40.800 --> 00:20:41.800
 indivisible.

00:20:41.800 --> 00:20:43.160
 Okay.

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

00:20:47.600 --> 00:20:51.840
 Zoning Commission's minutes for PZ 25176.

00:20:51.840 --> 00:21:01.080
 I'll entertain them, oh, got a motion and a second, let's vote.

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

00:21:25.060 --> 00:21:31.480
 I'll entertain a motion.

00:21:31.480 --> 00:21:46.120
 Okay, we have a motion and a second, let's vote.

00:21:46.120 --> 00:22:01.000
 Okay, super long agenda that moves us on to item number four, Planning and Zoning Commission

00:22:01.000 --> 00:22:04.440
 Project Matrix, PZ 25-027.

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.

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

00:22:19.080 --> 00:22:23.120
 out there for a while, which was the Guesswell Regulation Discussion, so you'll see that

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

00:22:26.760 --> 00:22:29.840
 matrix that you all might wish to discuss.

00:22:29.840 --> 00:22:35.000
 Does anybody have anything they'd like to see added to the matrix?

00:22:35.000 --> 00:22:40.440
 Okay, there are none, that moves us on to item five, Concluding Items.

00:22:40.440 --> 00:22:46.000
 Are there any Concluding Items?

00:22:46.000 --> 00:22:50.120
 Okay, well then I call this meeting adjourned at 633.

