HomeMy WebLinkAbout2019-12-02 Agenda with Backup - AMENDED & FINALCit of Denton City Hall
Y 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DENTON Meeting Agenda
City Council
Monday, December 2, 2019 11:30 AM Denton ISD Central Offices
1307 N. Locust Street
Work Session Room
215 E. McKinney
AMENDED - Joint Meeting with Denton Independent School District Board of Directors
Joint Meeting of the City Council of the City of Denton and the Denton Independent School District Board of
Trustees on Monday, December 2, 2019, at 11:30 a.m. at the Denton ISD Central Offices, 1307 N. Locust
Street, Denton, Texas at which the following items will be considered:
1. WORK SESSION REPORTS
A. ID 19-2803 Receive a report, hold a discussion, and give staff direction on Denton Independent
School District's demographic data.
Attachments: Exhibit 1 - Denton ISD — Quarterly Growth Report 3Q19
Exhibit 2 - 3Q19 Denton ISD PowerPoint
B. ID 19-2833 Receive a report, hold a discussion, and give staff direction on a construction update on
Denton Independent School District schools and facilities inside the City of Denton.
Attachments: Exhibit 1 - Dec 2019 City n Board Construction Report 3
Exhibit 2 - Executive Summary Workshop Construction Report Nov 2019
C. ID 19-2804 Receive a report, hold a discussion, and give staff direction regarding an update on
construction projects, facilities, and projects included in the approved 2019 City of
Denton bond program.
Attachments: Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Presentation
D. ID 19-2834 Receive a report, hold a discussion, and give staff direction regarding the amendment of a
Memorandum of Understanding (MOU) with the Denton Independent School District
(DISD), for Student Resource Officers (SROs).
Attachments: Exhibit 1 - AIS - DISD MOU 2019-2020 - AMENDED
Exhibit 2 - Estimated Quarterly Billing Plan
Following the completion of the Joint Meeting with Denton Independent School District, the City
Council will reconvene in a Special Called Meeting in the Council Work Session Room at City Hall,
215 E. McKinney Street, to consider the following:
1. CLOSED MEETING:
A. ID 19-2892 Consultation with Attorneys - Under Texas Government Code Section 551.071.
Page I Printed on 12/11/2019
City Council Meeting Agenda December 2, 2019
Consult with the City's attorneys to discuss legal options available, and limitations
imposed, in the full or partial reconsideration of agenda item 7.C. from the City Council
meeting of November 19, 2019, which previously approved an ordinance amending the
2019 Denton Development Code: to increase the reverse setback of gas wells; and to
create substantive and procedural amendments mitigating certain impacts, both upon
currently pending development applications, and upon the future modification,
reconstruction or expansion of any existing uses made legally nonconforming as a
consequence of the increased reverse setback; where a discussion of these legal matters
in an open meeting would conflict with the duty of the City's attorneys to the City of
Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas.
Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open
Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final
decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the
Texas Government Code (the `Public Power Exception'). The City Council reserves the right to adjourn into a
Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq.
(The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of
the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings
Act, including, without limitation Sections 551.071-551.086 of the Texas Open Meetings Act.
2. ITEMS FOR INDIVIDUAL CONSIDERATION
A. DCA19-0009 Consider a motion to reconsider the November 19, 2019 approval of an ordinance
d regarding a proposed amendment to the Denton Development Code; specifically
amending Subchapters 1, 6, and 8 of the Denton Development Code, relating to
applicability, gas well drilling and production reverse setbacks, definitions, and
procedures; providing a cumulative clause; providing a severability clause; providing for a
penalty; and providing an effective date. (DCA19-0009, Gas Wells, Hayley Zagurski)
Attachments: Exhibit 1 - Agenda Information Sheet Reconsideration final
Exhibit 2 - Ordinance DCA19-0009C
3. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the
Denton ISD with specific factual information or recitation of policy, or accept a proposal to place the matter on
the agenda for an upcoming meeting AND under Section 551.0415 of the Texas Open Meetings Act, provide
reports about items of community interest regarding which no action will be taken, to include: expressions of
thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary
recognition of a public official, public employee, or other citizen; a reminder about an upcoming event
organized or sponsored by the governing body; information regarding a social, ceremonial, or community event
organized or sponsored by an entity other than the governing body that was attended or is scheduled to be
attended by a member of the governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of people in the municipality that has
arisen after the posting of the agenda.
Page 2 Printed on 12/11/2019
City Council Meeting Agenda December 2, 2019
NOTE: The City Council reserves the right to adjourn into a Closed Meeting on any item on its
Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or
as otherwise allowed by law.
CERTIFICATE
I certify that the above AMENDED notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the 27th day of November, 2019 at
CITY SECRETARY
NOTE: THE DENTON INDEPENDENT SCHOOL DISTRICT'S DESIGNATED PUBLIC MEETING
FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES
ACT. THE CITY WILL PROVIDE ACCOMODATION, SUCH AS SIGN LANGUAGE
INTERPRETERS FOR THE HEARING IMPAIRED, IF REQUESTED AT LEAST 48 HOURS IN
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE
AT 940-349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY
CALLING 1 -800 -RELAY -TX SO THAT REASONABLE ACCOMMODATION CAN BE
ARRANGED.
Page 3 Printed on 12/11/2019
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DENTON
Legislation Text
File #: ID 19-2803, Version: 1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction on Denton Independent School District's
demographic data.
City of Denton Page 1 of 1 Printed on 11/25/2019
powered by LegistarTM
Executive Summary
Prepared for Joint Board of Trustees/ City Council Meeting
Monday, December 2, 2019
Denton ISD - Quarterly Growth Report 3Q19
Board Goal:
IV. Parent & Community Involvement... In the pursuit of excellence, the district will:
• work continuously with the community in planning and facility development
VI. Growth & Change ... In pursuit of excellence, the district will:
• review and adjust policies and procedures as appropriate to address the challenges
of rapid growth and changing demographic characteristics while maintaining and
enhancing our strong sense of community.
Purpose of Report:
Provide the Denton ISD Board of Trustees and the City Council with an executive
summary concerning the general DFW housing market, economic indicators, Denton I.S.D.
residential activity and enrollment projections as of the Yd Quarter 2019 and its impact to the
overall growth of the Denton ISD and the City of Denton.
Obiectives:
• Review general market & economic conditions.
• Review Denton ISD residential home sales.
• Review Denton ISD multi -family occupancy and sales.
• Identify high growth areas and impact on the district.
• Provide enrollment projections for elementary, middle & high school
Operational Impact:
The information provided by this report will give the Denton ISD Board of Trustees and
the City Council an understanding of trends in residential home sales, multi -family occupancies
and growth in student population.
Results:
This information will assist the Board of Trustees and district staff in developing
educational programming, attendance zones and placement of future school facilities.
Other Options:
W
Denton Independent School District
■n
Denton
Independent
School
District
Quarterly Report
T E M P L E T 0 N
DEMOGRAPHICS
h—ley`wood I metrostudy
3Q1 9
Enrollment History
Year (Oct.)
EE
PK
K
1st
2nd
3rd
4th
5th
6th
7th
8th
9th
10th
11th
12th
Total
Growth
% Growth
2015/16
114
1,029
1,954
2,143
2,088
2,190
2,152
2,115
2,154
2,128
2,094
2,091
1,985
1,756
1,566
27,559
2016/17
114
1,016
2,066
2,044
2,194
2,181
2,231
2,219
2,160
2,202
2,175
2,293
2,084
1,967
1,685
28,631
1,072
3.9%
2017/18
98
1,048
2,081
2,100
2,119
2,230
2,251
2,300
2,264
2,232
2,205
2,346
2,245
2,018
1,887
29,424
793
2.8%
2018/19
78
1,082
2,177
2,117
2,182
2,136
2,274
2,303
2,335
2,328
2,312
2,371
2,313
2,173
1,988
30,169
745
2.5%
2019/20
62
1,111
2,146
2,252
2,129
2,212
2,169
2,322
2,332
2,410
2,407
1 2,547
1 2,402
2,216
2,113
30,830
661 0r
2.2%
35,000
30,000
aci
E 25,000
0
`c
w
20,000
u
O
2 15,000
10,000
5,000
0
2011/12 2012/13
2013/14
Denton ISD Historical Enrollment
0
2014/15 2015/16 2016/17
Historical Enrollment -Average Annual Growth
*Yellow Box = largest grade per year
Green Box = second largest grade per year
- 4.5%
40%
3.5%
3.0%
2.5%
2.0%
1.5%
1.0%
0.5%
nol
2017/18 2018/19 2019/20
TD 2
TD
Annual Enrollment Change
Year (Oct.)
EE
PK K
1st 2nd
3rd
4th
5th 6th
7th
8th 9th
10th
11th
12th
Total
Growth
% Growth
2015/16
114
1,029 1,954
2,143 2,088
2,190
2,152
2,115 21
2,128
2,094 2,091
1,985
1,756
1,566
27,559
1.016
1.031
2016/17
114
1,016 2,066
2,044 2,194
2,181
2,231
2,219 2,160
2,202
2,175 2,293
2,084
1,967
1,685
28,631
1,072
3.9%
2017/18
98
1,048 2,081
2,100 2,119
2,230
2,251
2,300 2,264
2,232
2,205 2,346
2,245
2,018
1,887
29,424
793
2.8%
2018/19
78
1,082 2,177
2,117 2,182
2,136
2,274
2,303 2,335
2,328
2,312 2,371
2,313
2,173
1,988
30,169
745
2.5%
2019/20
2018/19
1,111 2,146
2,252 2,129
2,212
2,169
2,322 2,332
2,410
2,407 2,547
2,402
2,216
2,113
30,830
661
2.2%
*Yellow Box = largest grade per year
Green Box = second largest grade per year
EE PK K 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th Total Diff
Projection 78 1,088 2,184 2,232 2,193 2,249 2,200 2,346 2,332 2,398 2,402 2,482 2,351 2,231 2,148 30,914 -0.3%
Difference -16 23 -38 20 -64 -37 -31 -24 0 12 5 65 51 -15 -35 -84
Year
EE
PK
KG
1st
2nd
3rd
4th
5th
6th
7th
8th
9th
10th
lith
12th
Elem
Mid
High
3 -year AVG
0.817
1.030
1.013
1.023
1.027
1.013
1.022
1.025
1.016
1.031
1.024
1.085
0.993
0.965
0.972
1.021
1.024
1.004
2016/17
1.000
0.987
1.057
1.046
1.024
1.045
1.019
1.031
1.021
1.022
1.022
1.095
0.997
0.991
0.960
1.037
1.022
1.011
2017/18
0.860
1.031
1.007
1.016
1.037
1.016
1.032
1.031
1.020
1.033
1.001
1.079
0.979
0.968
0.959
1.023
1.018
0.996
2018/19
0.796
1.032
1.046
1.017
1.039
1.008
1.020
1.023
1.015
1.028
1.036
1.075
0.986
0.968
0.985
1.0 6
1.026
1.004
2019/20
0.795
1.027
0.986
1.034
1.006
1.014
1.015
1.021
1.013
1.032
1.034
1.102
1.013
0.958
0.972
el
1.013
1.026
1.011
v v v v v v
• Denton ISD added 660 students this fall for an annual growth rate of 2.2%
• Actual enrollment fell within 85 students of projected enrollment
• The district had historically low cohorts in KG, 2nd 4th and 5th grades resulting in
lower than average elementary cohort
• DISD had historically high cohorts in 9th and loth grades
3
Economic Conditions — DFW Area (October 2019)
Unemployment
Rate
Job Growth
Annual
Home Starts
TD
Denton ISD Housing Market
Average New vs. Existing Home Sale Price, 2010 — Oct 2019
$350,000
$300,000
$250,000
$200,000
$150,000
$100,000
$50,000
$0
Average District New vs Existing Home Sale Price, 2010 — Oct 2019
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 YTD
Avg New Home Price Avg Existing Home Price
• Since 2010, the average new home price in
Denton ISD has increased by $107,838, or 51 %
• The average existing home price within the
district has increased by 62%, or roughly
$109,808 since 2010
Avg New
Home Price
Avg Existing
Home Price
2010
$212,786
$176,616
2011
$223,697
$176,861
2012
$230,162
$188,829
2013
$250,144
$198,542
2014
$249,733
$209,295
2015
$270,065
$233,333
2016
$280,461
$247,495
2017
$311,187
$264,084
2018
$318,982
$281,136
2019 YTD
$320,624
$286,424
• Since 2010, the average new home price in
Denton ISD has increased by $107,838, or 51 %
• The average existing home price within the
district has increased by 62%, or roughly
$109,808 since 2010
Denton ISD New Housing Activity
2,750
2,500
2,250
2,000
1,750
1,500
1,250
1,000
750
500
250
0
TD
■ Annual Starts ■ Annual Closings
2013 2014 2015 2016 2017 2018 2019
Starts
1Q
2013
191
20141
434
335
1•
532
2017
447
20181
555
572
2Q
426
466
451
480
536
801
638
3Q
357
457
607
543
608
563
742
4Q
328
459
505
417
502
571
Total
1,302
1,816
1,898
1,972
2,093
2,490
1,952
Closings
1Q
20131
248
315
12016
340
461
2017
436
20181
561
495
2Q
272
383
474
556
450
563
583
3Q
327
531
450
544
559
561
695
4Q
305
435
413
541
479
555
Total
1,152
1,664
1,677
2,102
1,924
2,240
1,773
• Denton ISD started more than 742 homes in 3Q19, the most starts in the past ten years
• The district closed approx. 1,770 homes so far in 2019, putting them on pace to close more than
2,300 homes by the end of the year
DFW New Home Ranking Report
ISD Ranked by Annual Closings - 3Q19
Rank
District Name
Annual
Starts
Annual
Closings
VDL
Futures
1
Prosper ISD
2,361
2,771
4,216
21,262
2
Denton ISD**
2,478
2,329
5,066
34,586
3
Frisco ISD
2,093
2,153
4,133
4,470
4
Northwest ISD
1,972
1,793
3,413
20,429
5
Eagle Mt. -Saginaw ISD
1,750
1,647
1,914
17,736
6
Dallas ISD
1,667
1,517
1,973
5,655
7
Little Elm ISD
1,067
1,334
1,188
2,181
8
Lewisville ISD
1,151
1,255
1,908
3,124
9
Forney ISD
1,260
1,103
2,253
27,579
10
Crowley ISD
1,010
968
1,247
16,829
11
Mansfield ISD
929
967
1,181
7,288
12
Rockwall ISD
827
847
2,494
9,367
13
Royse City ISD
742
783
1,372
12,958
14
Wylie ISD
613
776
765
3,881
15
McKinney ISD
816
771
2,081
9,063
16
Princeton ISD
545
692
1,025
7,984
17
Melissa ISD
629
673
752
5,455
18
Fort Worth ISD
726
667
1,337
5,474
19
Allen ISD
554
663
1,139
1,023
20
Midlothian ISD
591
643
1,292
19,171
* Based on additional Templeton Demographics housing research
TD **Includes Age -Restricted subdivisions
District Housing Overview by Elementary Zone
Elementary
Annual
Starts
Quarter
Starts jh
Annual
Closings
Quarter
Closings
Under
Construction
Inventory
Vacant Dev.
Lots
Futures
DKINS
57
11
72
17
23
37
61
84
ALEXANDER
8
3
30
8
4
5
27
477
BELL
80
26
100
21
30
46
159
170
BLANTON
83
26
72
17
30
56
144
0
BORMAN
0
0
0
0
0
0
0
15,860
CROSS OAKS
0
0
0
0
0
0
142
297
EP RAYZOR
6
1
7
2
1
2
2
0
EVERS
180
68
55
44
128
260
1,199
GINNINGS
56
24
73
23
55
28
158
625
HAWK
19
10
12
0
1
3
1
109
HODGE
6
0
16
1
4
6
27
768
HOUSTON
69
3
137
34
3
9
0
60
MCNAIR
0
0
0
0
0
0
0
0
N RAYZOR
0
0
0
0
1
1
6
150
NELSON
0
0
3
0
0
0
0
0
PALOMA CREEK
34
9
28
8
12
24
166
0
PECAN CREEK
105
24
120
40
38
46
100
481
PROVIDENCE
48
196
42
4
130
892
2,466
RIVERA
0
0
0
0
0
0
0
400
RYAN
55
203
35
59
78
71
565
SAVANNAH
138
44
141
42
53
102
170
270
TEPHENS
66
21
50
16
30
42
138
98
UNION PARK
864
305
754
244
312
532
1,875
4,660
WILSON
94
17
91
33 1
27
1 41
147
1,300
GRAND TOTAL* 1
2,281
695
2,160
1 627
1,324
4,546
30,039
*Does NOT include Age -Restricted
subdivisions
TD
0 Highest activity in the category
0 Second highest activity in the category
0 Third highest activity in the category
Distric
TD
Subdivisions
- ACTIVE
FUTURE
Groundwork Underway
AS
WE
Multi -Family Housing Overview
10
Forecasted Denton ISD New Home Activity
3,000
2,500 -
2,000
1,500
1,000
500
M
2016/17 2017/18 2018/19
Denton ISD New Home Activity
Projected
2019/20 2020/21 2021/22 2022/23 2023/24 2024/25
Denton ISD is forecasted to close roughly 2,250 — 2,500 new homes
TD annually for the next 3-5 years
TD I
5 Year Change in Residential Units by Planning Area
Elementary Zone
Total Change in
Residential Units
2019/20- 2024/25
UNION PARK
4,759
HODGE
1,411
EVERS
1,347
PROVIDENCE
1,313
PECAN CREEK
821
SAVANNAH
728
GINNINGS
692
N RAYZOR
689
RIVERA
605
CROSS OAKS
578
RYAN
576
HOUSTON
555
BORMAN
428
ALEXANDER
344
MCNAIR
260
BELL
259
BLANTON
222
WILSON
220
PALOMA CREEK
198
STEPHENS
193
HAWK
173
ADKINS
159
EP RAYZOR
0
NELSON
0
TOTAL
16,530
5 Year Change in Units
1-150
150-300
300-600
- > 600
Total Residential Units by Elementary Zone, 2019/20 — 2024/25
Total Residential Units by Elem Zone
9000
8000
7000
6000
5000
4000
3000
2000
1000
0
P0- O& JO0 ALO 00� �P� \fib" Ips �'P �O� \�'�
�e �p \00 LQ P� Q, ��J 5p J`' �� P� �� �� ��� G� Q� ZP 0
bO PCO+ �` '02,
OQQ
Q P�'
Q
TD❑Total Residential Units ❑Additional Residential Units -5 Years
District Yields
0.7
0.6
0.5
0.4
Single Family Yield
0.483
Denton ISD Yields, 2016/17 - 2019/20
0.572
0.507 0.497 0.483
i• i•
0.3 0.254 0.253 0.255
0.220
0.2
0.1
0
2016-17 2017-18 2018-19 2019-20
TT —_ Single Family Yield Multi -Family Yield
TD
District Yields
15
Newcomer and Leaver Analysis
3,700
3,600
3,500
3,400
3,300
3,200
3,100
3,000
2,900
2,800
+26
2017/18
Denton ISD Newcomers and Leavers
+280
2018/19
TD■ Newcomers ■ Leavers
+212
2019/20
Birth Rate Analysis
Denton ISD KG Enrollment vs. District Births
4,000
3,500
3,000
2,500
2,000
1,500
1,000
500
0
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
(2011/12) (2012/13) (2013/14) (2014/15) (2015/16) (2016/17) (2017/18) (2018/19) (2019/20) (2020/21) (2021/22) (2022/23)
--0-- Kindergarten Enrollment Zip Code Births
TD 17
Kindergarten
Enrollment
District
Births
Ratio
2006
(2011/12)
2,108
3,109
0.678
2007
(2012/13)
2,121
3,084
0.688
2008
(2013/14)
2,074
3,202
0.648
2009
(2014/15)
2,068
3,208
0.645
2010
(2015/16)
1,954
3,130
0.624
2011
(2016/17)
2,066
3,066
0.674
2012
(2017/18)
2,081
3,207
0.649
2013
(2018/19)
2,177
3,242
0.671
2014
(2019/20)
2,146
3,301
0.650
2015
2020/21
2,282
3,554
0.642
2016
2021/22
2,371
3,635
0.652
2017
2022/23
2,351
3,566
0.659
TD 17
Ten Year Forecast by Grade Level
Year (Oct.)
EE
PK
K
1st
2nd
3rd
4th
5th
6th
7th
8th
9th
10th
11th
12th
Total
Total
Growth
%
Growth
2015/16
114
1,029
1,954
2,143
2,088
2,190
2,152
2,115
2,154
2,128
2,094
2,091
1,985
1,756
1,566
27,559
2016/17
114
1,016
2,066
2,044
2,194
2,181
2,231
2,219
2,160
,202
2,175
2,293
2,084
1,967
1,685
28,631
1,072
3.9%
2017/18
98
1,048
2,081
2,100
2,119
2,230
2,251
2,300
2,264
2,232
2,205
2,346
2,245
2,018
1,887
29,424
793
2.8%
2018/19
78
1,082
2,177
2,117
2,182
2,136
2,274
2,303
2,335
2,328
2,312
2,371
2,313
2,173
1,988
30,169
745
2.5%
2019/20
62
1,111
2,146
2,252
2,129
2,212
2,169
2,322
2,332
2,410
2,407
2,547
2,402
2,216
2,113
30,830
661
2.2%
2020/21
62
1,111
2,282
2,200
2,300
2,162
2,273
2,215
2,364
2,404
2,491
2,617
2,541
2,300
2,168
31,490
660
2.1%
2021/22
62
1,111
2,371
2,332
2,269
2,346
2,229
2,341
2,258
2,437
2,477
2,717
2,612
2,430
2,251
32,243
753
2.4%
2022/23
62
1,111
2,351
2,431
2,410
2,300
2,417
2,298
2,385
2,327
2,522
2,708
2,710
2,504
2,385
32,921
678
2.1%
2023/24
62
1,111
2,451
2,399
2,510
2,459
2,376
2,499
2,346
2,462
2,400
2,738
2,691
2,600
2,452
33,556
635
1.9%
2024/25
62
1,111
2,523
2,506
2,469
2,573
2,537
2,453
2,542
2,422
2,549
2,600
2,725
2,577
2,544
34,193
637
1.9%
2025/26
62
1,111
2,594
2,565
2,564
2,533
2,643
2,612
2,503
2,621
2,506
2,767
2,591
2,615
2,525
34,812
619
1.8%
2026/27
62
1,111
2,619
2,656
2,646
2,631
2,601
2,721
2,660
2,583
21702
2,725
2,759
2,484
2,560
35,520
708
2.0%
2027/28
62
1,111
2,684
2,681
2,703
2,700
2,721
2,665
2,773
2,742
2,668
2,924
2,722
2,646
2,433
361235
715
2.0%
2028/29
62
1,111
2,651
2,752
2,778
2,782
2,793
2,808
2,711
2,852
2,825
2,895
2,918
2,611
2,592
37,141
906
2.5%
2029/30
62
1,111
2,654
2,706
2,834
2,844
2,884
2,879
2,860
2,789
2,942
3,064
2,903
2,798
2,555
37,885
744
2.0%
Yellow box = largest grade per year
Green box = second largest grade per year
TD 18
TD
High School Zone
Braswell HS Zone
1,379 annual starts
1,264 annual closings
3,616 VDL
8,184 futures
Denton HS Zone
464 annual starts
392 annual closings
639 VDL
22,298 futures
Guyer HS Zone
308 annual starts
302 annual closings
241 VDL
348 futures
Ryan HS Zone
327 annual starts
371 annual closings
570 VDL
3,756 futures
Ten Year Forecast by Braswell Feeder
Yellow box = over capacity
TD 20
Fall
ENROLLMENT PROJECTIONS
Campus
Capacity 2018/19
2019/20
2020/21
2021/22
2022/23
2023/24
2024/25
2025/26
2026/27
2027/28
2028/29
2029/30
Bell Elementary School
740
817
678
661
696
708
720
728
714
711
716
723
719
Cross Oaks Elementary School
740
708
673
689
712
738
757
780
785
797
788
775
769
Paloma Creek Elementary School
740
807
676
698
709
705
704
709
704
695
699
706
705
Providence Elementary School
740
447
555
576
631
685
732
797
850
903
939
991
1,027
Savannah Elementary School
740
731
704
695
700
697
690
695
704
702
715
728
733
Union Park Elementary School
740
0
464
677
896
1,103
1,283
1,450
1,597
1,748
1,874
2,047
2,176
ELEMENTARY TOTALS
4,440
3,510
3,750
3,996
4,344
4,636
4,886
5,159
5,354
5,556
5,731
5,970
6,129
Elementary Absolute Change
191
240
246
348
292
250
273
195
202
175
239
159
Elementary Percent Change
5.75%
6.84%
6.56%
8.71%
6.72%
5.39%
5.59%
3.78%
3.77%
3.15%
4.17%
2.66%
Navo Middle School
1,181
985
991
1,037
1,044
1,073
1,094
1,180
1,255
1,350
1,414
1,421
1,445
Rodriguez Middle School
1,323
825
899
1,015
1,040
1,105
1,168
1,235
1,335
1,423
1,554
1,595
1,652
MIDDLE SCHOOL TOTALS
2,504
1,810
1,890
2,052
2,084
2,178
2,262
2,415
2,590
2,773
2,968
3,016
3,097
Middle School Absolute Change
212
80
162
32
94
84
153
175
183
195
48
81
Middle School Percent Change
13.27%
4.42%
8.57%
1.56%
4.51%
3.86%
6.76%
7.25%
7.07%
7.03%
1.62%
2.69%
Braswell High School
2,398
2,007
2,341
2,517
2,813
3,005
3,144
3,263
3,351
3,492
3,621
3,896
4,145
HIGH SCHOOL TOTALS
2,398
2,007
2,341
2,517
2,813
3,005
3,144
3,263
3,351
3,492
3,621
3,896
4,145
High School Absolute Change
251
334
176 1
296
192
139
119
88
141
129
275
249
High School Percent Change
14.29%
16.64%
7.52%
11.76%
6.83%
4.63%
3.78%
2.70%
4.21%
3.69%
7.59%
6.39%
Braswell Feeder TOTALS
9,342
7,327
7,981
8,565
9,241
9,819
10,292
10,837
11,295
11,821
12,320
12,882
13,371
Braswell Feeder Absolute Change
654
654
584
676
578
473
545
458
526
499
562
489
Braswell Feeder Percent Change
9.8%8.9%
7.3%
7.9%
6.3%
4.8%
5.3%
4.2%
4.7%
4.2%
4.6%
3.8%
Yellow box = over capacity
TD 20
Ten Year Forecast by Ryan Feeder
Green box = within 5% of capacity
Yellow box = over capacity
T11 21
Fall
ENROLLMENT PROJECTIONS
Campus
Capacity
2018/19
2019/20
2020/21 2021/22
2022/23
2023/24
2024/25
2025/26
2026/27
2027/28
2028/29
2029/30
Alexander Elementary School
740
580
595
597
626
621
649
656
663
665
663
655
656
Ginnings Elementary School
740
570
557
568
587
612
645
683
717
740
749
759
756
Hodge Elementary School
740
637
689
717
773
856
947
1,000
1,049
1,071
1,077
1,101
1,094
Olive Stephens Elementary School
740
410
386
365
367
379
406
424
441
445
446
453
451
Pecan Creek Elementary School
740
673
676
666
689
666
666
629
629
632
633
635
636
Rivera Elementary School
740
630
569
540
535
532
527
530
552
575
584
596
611
Wilson Elementary School
740
624
617
606
608
596
576
570
567
575
580
582
591
LEMENTARY TOTALS
5,180
4,124
4,089
4,059
4,185
4,262
4,416
4,492
4,618
4,703
4,732
4,781
4,795
Elementary Absolute Change
-24
-35
-30
126
77
154
76
126
85
29
49
14
Elementary Percent Change
-0.58%
-0.85%
-0.73%
3.10%
1.84%
3.61%
1.72%
2.80%
1.84%
0.62%
1.04%
0.29%
Strickland Middle School
1,334
909
940
944
937
950
964
1,024
1,068
1,105
1,154
1,189
1,236
Bette Myers Middle School
1,323
858
907
922
872
842
808
830
808
816
813
843
858
MIDDLE SCHOOL TOTALSJIM'
2,657
1,767
1,847
1,866
1,809
1,792
1,772
1,854
1,876
1,921
1,967
2,032
2,094
Middle School Absolute Change
113
80
19
-57
-17
-20
82
22
45
46
65
62
Middle School Percent Change
6.83%
4.53%
1.03%
-3.05%
-0.94%
-1.12%
4.63%
1.19%
2.40%
2.39%
3.30%
3.05%
Ryan High School
2,340
2,068
2,155
2,269
2,365
2,439
2,519
2,468
2,428
2,425
2,448
2,491
2,548
HIGH SCHOOL TOTALS
2,340
2,068
2,155
2,269
2,365
2,439
2,519
2,468
2,428
2,425
2,448
2,491
2,548
High School Absolute Change
20
87
114
96
74
80
-51
-40
-3
23
43
57
High School Percent Change
0.98%
4.21%
5.29%
4.23%
3.13%
3.28%
-2.02%
-1.62%
-0.12%
0.95%
1.76%
2.29%
Ryan Feeder TOTALS
10,177
7,959
8,091
8,194
8,359
8,493
8,707
8,814
8,922
9,049
9,147
9,304
9,437
Ryan Feeder Absolute Change
109
132
103
165
134
214
107
108
127
98
157
133
Ryan Feeder Percent Change
1.4%
1.7%
1.3%
2.0%
1.6%
2.5%
1.2%
1.2%
1.4%
1.1%
1.7%
1.4%
Green box = within 5% of capacity
Yellow box = over capacity
T11 21
Ten Year Forecast by John Guyer Feeder
Yellow box = over capacity
22
Fall
ENROLLMENT PROJECTIONS
Campus
Capacity
2018/19
2019/20
2020/21
2021/22
2022/23
2023/24
2024/25
2025/26
2026/27
2027/28
2028/29
2029/30
Alexander Elementary School
740
580
595
597
626
621
649
656
663
665
663
655
656
Adkins Elementary School
740
412
F 471
490
501
498
499
514
504
493
483
477
471
Blanton Elementary School
740
490
474
490
491
506
508
514
518
513
512
514
507
Borman Elementary School
740
439
436
446
447
444
450
462
491
528
562
598
639
E P Rayzor Elementary School
740
385
357
335
326
328
322
314
324
327
327
334
334
Evers Park Elementary School
740
590
589
600
609
636
668
688
735
764
798
824
844
Hodge Elementary School
740
637
689
717
773
856
947
1,000
1,049
1,071
1,077
1 1,101
1,094
Nelson Elementary School
740
660
597
589
571
548
567
545
559
558
563
569
570
McNair Elementary School
740
551
564
523
517
474
469
474
493
523
535
549
557
Hawk Elementary School
740
649
672
653
659
647
669
660
653
655
655
661
660
Newton Rayzor Elementary School
740
644
664
656
647
646
648
643
643
639
644
652
652
Ryan Elementary School
740
643
545
582
592
590
607
614
626
619
609
624
624
Wilson Elementary School
740
624
617
606
608
596
576
570
567
575
580
582
591
ELEMENTARY TOTALS
9,620
7,304
7,270
7,284
7,367
7
,579
7,654
7,825
7,930
8,008
8,140
8,199
Elementary Absolute Change
35
-34
14
83
23
189
75
171
105
78
132
59
Elementary Percent Change
0.48%
-0.47%
0.19%
1.14%
0.31%
2.56%
1 0.99%
2.23%
1.34%
0.98%
1.65%
0.72%
Calhoun Middle School
1,268
736
723
703
702
730
721
766
758
794
789
830
850
Crownover Middle School
1,181
957
914
902
840
872
802
836
786
820
791
800
813
Harpool Middle School
1,181
913
931
899
886
839
812
789
787
792
820
822
825
MIDDLE SCHOOL TOTALS
3,630
2,606
2,568
2,504
2,428
2,335
2,391
2,331
2,406
2,400
2,452
2,488
Middle School Absolute Change
-40
-38
-64
-76
13
-106
56
-60
75
-6
52
36
Middle School Percent Change
-1.51%
-1.46%
-2.49%
-3.04%
0.54%
-4.34%
2.40%
-2.51%
3.22%
-0.25%
2.17%
1.47%
John Guyer High School
3,200
2,589
2,621
2,643
2,656
2,579
2,560
2,464
2,421
2,345
2,314
2,288
2,261
HIGH SCHOOL TOTALS
3,200
2,589
2,621
2,643
2,656
2,579
2,464
2,421
MEN65
2,314
2,288
2,261
High School Absolute Change
65
32
22
13
-77
-19
-96
-43
-76
-31
-26
-27
High School Percent Change
2.58%
1.24%
0.84%
0.49%
-2.90%
-0.74%
-3.75%
-1.75%
-3.14%
-1.32%
-1.12%
-1.18%
John Guyer Feeder TOTALS
16,450
12,499
12,459
12,431
12,451
12,410
12,474
12,509
12,577
12,681
12,722
12,880
12,948
John Guyer Feeder Absolute Change
60
-40
-28
20
-41
64
35
68
104
41
158
68
John Guyer Feeder Percent Change
0.5%
-0.3%
-0.2%
0.2%
-0.3%
0.5%
0.3%
0.5%
0.8%
0.3%
1.2%
0.5%
Yellow box = over capacity
22
Ten Year Forecast by Denton Feeder
Yellow box = over capacity 23
Fall
ENROLLMENT PROJECTIONS
Campus j
Capacity
2018/19
2019/20
2020/21
2021/22
2022/23
2023/24
2024/25
2025/26
2026/27
2027/28
2028/29
2029/30
Alexander Elementary School
740
580
5950
597
626
621
649
656
663
665
663
655
656
Borman Elementary School
740
439
436
446
447
444
450
462
491
528
562
598
639
Evers Park Elementary School
740
590
589
600
609
636
668
688
735
764
798
824
844
Ginnings Elementary School
740
570
557
568
587
612
645
683
717
740
749
759
756
Hodge Elementary School
740
637
689
717
773
856
947
1,000
1,049
1,071
1,077
1,101
1,094
Sam Houston Elementary School
740
582
595
586
572
565
558
555
566
569
576
584
592
Nelson Elementary School
740
660
597
589
571
548
567
545
559
558
563
569
570
Newton Rayzor Elementary School
740
644
664
656
647
646
648
1 643
643
639
644
652
652
Rivera Elementary School
740
630
569
540
535
532
527
530
552
575
584
596
611
Ryan Elementary School
740
643
545
582
592
590
607
614
626
619
609
624
624
Wilson Elementary School
740
624
617
606
608
596
576
570
567
575
580
582
591
ELEMENTARY TOTALS
8,140
6,599
6,453
6,487
6,567
6,646
6,842
6,946
7,168
7,303
7,405
7,544
7,629
Elementary Absolute Change
44
-146
34
80
79
196
104
222
135
102
139
85
Elementary Percent Change
0.67%
-2.21%
0.53%
1.23%
1.20%
2.95%
1.52%
3.20%
1.88%
1.40%
1.88%
1.13%
Calhoun Middle School
1,268
736
723
703
702
730
721
766
758
794
789
830
850
McMath Middle School
1,181
769
824
817 1
831
803
819
833
813
825
828
1 868
892
Strickland Middle School
1,334
909
940
944
937
950
964
1,024
1,068
1,105
1,154
1,189
1,236
MIDDLE SCHOOL TOTALS
3,783
2,414
2,487
2,464
2,470
2,483
2,504
2,623
2,639
2,724
2,771
2,887
2,978
Middle School Absolute Change
23
73
-23
6
13
21
119
16
85
47
116
91
Middle School Percent Change
0.96%
3.02%
-0.92%
0.24%
0.53%
0.85%
4.75%
0.61%
3.22%
1.73%
4.19%
3.15%
Denton High School
2,460
2,005
2,023
2,059
2,038
2,146
2,120
2,113
2,160
2,128
2,204
2,203
2,228
HIGH SCHOOL TOTALS
2,460
2,005
2,023
2,059
2,038
2,146
2,120
2,113
2,160
2,128
2,204
2,203
2,228
High School Absolute Change
-25
18
36
-21
108
-26
-7
47
-32
76
-1
25
High School Percent Change
-1.23%
0.90%
1.78%
-1.02%
5.30%
-1.21%
-0.33%
2.22%
-1.48%
3.57%
-0.05%
1.13%
Denton Feeder TOTALS A
14,383
11,018
10,963
11,010
11,075
11,275
11,466
11,682
11,967
12,155
12,380
12,634
12,835
Denton Feeder Absolute Change
42
-55
47
65
200
191
216
285
188
225
254
201
Denton Feeder Percent Change
0.4%
-0.5%
0.4%
0.6%
1.8%
1.7%
1.9%
2.4%
1.6%
1.9%
2.1%
1.6%
Yellow box = over capacity 23
Ten Year Forecast by Alternate Schools
TDYellow box = over capacity
Fall
ENROLLMENT PROJECTIONS
Campus
Capacity 2018/19
2019/20
2020/21
2021/22
2022/23
2023/24
2024/25
2025/26
2026/27
2027/28
2028/29
2029/30
Denton J J A E P
3
2
2
2
2
2
2
2
2
2
2
2
Juvenile Detention CTR
77
50
50
50
50
50
50
50
50
50
50
50
Lester Davis School
45
43
43
43
43
43
43
43
43
43
43
43
ALTERNATIVE SCHOOL TOTALS
125
95
95
95
95
95
95
95
95
95
95
95
DISTRICT TOTALS
39,610 30,169
30,830
31,490
32,243
32,921
33,556
34,193
34,812
35,520
36,235
37,141
37,885
District Absolute Change
745
661
1 660
753
678
1 635
637 1
619
1 708
1 715
1 906 1
744
District Percent Change
2.5%
2.2%
1 2.1%
2.4%
2.1%
1 1.9%
1.9% 1
1.8%
1 2.0%
1 2.0%
1 2.5% 1
2.0%
TDYellow box = over capacity
i
Key Takeaways
VII
Now
25,000 1
20,000
15,000
10,000
5,000
0
Projected Enrollment
30,830
L
34,193
ti ti ti ti ti ti ti ti ti ti ti ti
37,885
• Denton ISD will continue to
experience enrollment growth due
to a strong housing market and
collegiate network
• Union Park Elementary zones
could see more than 4,000
additional residential units in the
next 5 years
• DISD saw a 220 student increase
in newcomers in 2019-2020
• The district is forecasted to add
2,250 to 2,500 single family
homes a year for the next 5 years
• Denton ISD is expected to enroll
nearly 34,200 students by 2024-25
and more than 37,800 students by
2029-30
iD25
40,000
35,000
30,000
VII
Now
25,000 1
20,000
15,000
10,000
5,000
0
Projected Enrollment
30,830
L
34,193
ti ti ti ti ti ti ti ti ti ti ti ti
37,885
• Denton ISD will continue to
experience enrollment growth due
to a strong housing market and
collegiate network
• Union Park Elementary zones
could see more than 4,000
additional residential units in the
next 5 years
• DISD saw a 220 student increase
in newcomers in 2019-2020
• The district is forecasted to add
2,250 to 2,500 single family
homes a year for the next 5 years
• Denton ISD is expected to enroll
nearly 34,200 students by 2024-25
and more than 37,800 students by
2029-30
iD25
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DENTON
Legislation Text
File #: ID 19-2833, Version: 1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction on a construction update on Denton Independent
School District schools and facilities inside the City of Denton.
City of Denton Page 1 of 1 Printed on 11/25/2019
powered by LegistarTM
FENTON
INDEPENDENT SCHOOL OISTRJOT
Construction Report
December 2, 2019
Operations Division
Denton Independent School District
Prepared by:
Paul Andress, Executive Director of Operations
Garry Ryan, Executive Manager of Construction, Planning & Growth
Sherry Utchell, Administrative Assistant
Balfour Beatty Construction
Northstar Builders
Stantec Architects
VLK Architects
Page 1 of 50
Table of Contents
New Denton High Update................................................page 3
Strickland Middle Renovations ........................................ page 9
W. Wilson Elementary Replacement Campus...............page 14
Ryan High Renovations Update.......................................page 17
Guyer High Renovations Update.....................................page 35
Page 2 of 50
Project - 02
New Denton High School
(2018 Bond Authorization)
Architects — VLK Architects
Contractor — Northstar Builders
Page 3 of 50 EV I
New Denton High School
Completed Activities:
• Site Grub
• Temporary road access on Northside.
• Temporary laydown on Southside.
• Temporary water access to the site.
• Erosion control.
• Detention pond.
• Stockpile topsoil
• Main building pad complete.
Ongoing Activities:
• Grading the parking lots.
• Grading the fire lanes.
• Miscellaneous site grading.
• Piers
Page 4 of 50
i`
New Denton High School
Page 6 of 50
New Denton High School
Upcoming Activities in the next 90 days:
• Utilities
• Geo Wells
• Grade Beams
• Underground mechanical, electrical and plumbing (MEP)
• Slabs
• Paving
• CMU
Page 8 of 50
Project —17
Strickland Middle School Renovation
(2018 Bond Authorization)
Architect — VLK Architects
Contractor — Balfour Beatty Construction
4r,
3
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0
Page 9 of 50
Strickland Middle School Renovations
Completed Activities:
• Completed underground utility work including water, sewer
and gas lines.
• Completed area A piers and grade beams.
• Completed structural steel for crawl space.
• Poured concrete slabs — slabs on void and slab on deck.
• Subgrade preparation for East fire lane.
• Concrete paving for East fire lane.
• Started exterior ICF walls for storm shelter and classroom wing.
• Started CMU elevator shaft wall for new elevator.
v
Page 10 of 50 i
Strickland Middle School Renovations
I
x
Page 11 of 50 i
Strickland Middle School Renovations
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Page 12 of 50 9
Strickland Middle School Renovations
Upcoming Activities:
• Erosion control
• Clear and grub
• Grading
• Foundations
• Utilities
Page 13 of 50 9D
Project — 37
Woodrow Wilson Elementary
Replacement Campus
(2018 Bond Authorization)
Architect — Sta ntec Architects
Contractor — Balfour Beatty Construction
Page 14 of 50 VJ,
Woodrow Wilson Elementary
Replacement Campus
• The GMP for Woodrow Wilson Elementary Replacement
Campus was presented and approved by the Board of Trustees
on October 8, 2019.
• The construction of the west wall is complete.
• The permits are starting to roll out for the project with the
first being issued on October 25, 2019.
Page 15 of 50 _ ',
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Woodrow Wilson Elementary
Replacement Campus
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Page 16 of 50
oma.
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VLK Architects, Inc. wishes to thank the students, families,
community, teachers/staff, campus and district leadership for
the opportunity to design the Ryan High School Additions
and Renovations for Denton ISD. The project will build
upon and incorporate the many strong traditions of Ryan
High School while creating new learning and teaching
opportunities that will lead to greater opportunities forthe
students supporting the district's vision of Empowering
lifelong learners to be engaged citizens who positively
impact their local and global community.
Dr. Jamie Wilson, Superintendent of Schools
Dr. Richard Valenta, Deputy Superintendent of Schools
Dr. Mike Mattingly, Assistant Superintendent of Curriculum, Instruction & Staff Development
Debbie Monschke, Assistant Superintendent of Administrative Services
Dr. Daniel Lopez, Area Superintendent of Denton Learning Community
Dr. Robert Stewart, Assistant Superintendent of Human Resources
Paul Andress, Executive Director of Operations
Ernie Stripling, Chief Technology Officer
Jackie deMontmollin, Directorof FineArts
Joey Florence, Athletic Director
Debbie Roybal, Executive Director of Special Education
Garry Ryan, Executive Manager of Construction, Planning, Growth
Judy Bush, Senior Project Analyst, Technology
Carla Ruge, Director of Career & Technical Education
Donna Kearley, Director of Library Services
Chris Bomberger, Executive Director of Child Nutrition & Benefits
Dr. Gwen Perkins, Area Superintendent of Ryan High School Zone
Susannah O'Bara, Area Superintendent of Guyer High School Zone
RYAN HIGHSCHOOL
ACKNOWLEDGMENTS
Vernon Reeves, Principal, Ryan High School
Fred Younkman, Assistant Principal, Ryan High School
Ronda Bean, Assistant Principal, Ryan High School
Adrian Eaglin, Assistant Principal, Ryan High School
Francisca Ryan, Assistant Principal, Ryan High School
Jay Swafford,Assistant Principal, Ryan High School
Erin Taylor, Assistant Principal, Ryan High School
Sloan Harris, Partner
Leesa Vardeman, Partner
Dalane Bouillion, Ed.d., Principal And Educational Planner
Jason Blanks, Project Architect & Project Designer
Sarah Gardner, Project Architect
Kent Leach, Project Architect
Jignesh Patel, Project Architect
Jennifer Petty, Project Architect
Hannaphen Park, Architectural Intern
Faith Ann Hardcastle, Architectural Intern
James Tadlock, Architectural Intern
Tracy Loftin, Specifications
Lendsey Miller, Interior Designer
Brad Minton, Experience Designer
Chris Lyner, Experience Designer
David Garcia, Experience Designer
Clay Proulx, Experience Designer
Page 18 of 50 7
RYAN HIGH SCHOOL
PROJECT NARRATIVE
• May 5, 2018, the Denton ISD community approved a $750.5
million capital improvement plan to address the district's facility
needs for existing and new facilities in Denton ISD for the next
several years.
• Ryan High School Additions & Renovations
• Project Completion: Summer 2021
• Architect: VLK Architects,lnc.
• CM a@Risk: NorthstarBuilders Group
• Addition of an Auditorium and supporting amenities for both
district family and students to provide a state of the art fine arts
facility that will lead to greater opportunities.
• Renovations of existing fine arts facilities, food service facilities,
cafeteria, consumer sciencelabs, ROTCclassrooms, Ag shop,
baseball field, practice field, tennis courts, and athletic throwing
events with new Denton ISD standards.
• Renovations and upgrades of existing finishes, paving, exterior
building elements, and mechanical, electrical and plumbing
systems
EV
Page 19 of 50 JF Ar
RYAN HIGH SCHOOL
SITE PLAN
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RYAN HIGHSCHOOL
TRAFFIC PLAN
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Page 21 of 50
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RYAN HIGHSCHOOL
ENLARGED SITE PLAN -NORTH
BASEBALL
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TRACK AND.
FIELD CONCESSION
JUMPING & RES . . . . . . S; THROWING
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MAMIZIM EXISTING
TENNIS ENTRY
RYAN HIGH
<
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Page 22 of 50
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RYAN HIGHSCHOOL
MAIN BUILDING - FLOOR PLAN - LEVEL ONE
;; ' i __-1 __ T ❑ ADMINISTRATION
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Page 23 of 50
STUDENTENTRY-
STAGE
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RYAN HIGHSCHOOL
AUDITORIUM - FLOOR PLAN - LEVEL ONE
♦ ♦ _ ADMINISTRATION
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Page 24 of 50
RYAN HIGHSCHOOL
GYMNASIUM - FLOOR PLAN - LEVEL ONE
Page 25 of 50 bvoj
RYAN HIGHSCHOOL
GYMNASIUM - FLOOR PLAN - LEVEL ONE
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CONCEPTUAL IMAGE -AUDITORIUM ADDITION
Page 28 of 50 bvl?
RYAN HIGHSCHOOL
CONCEPTUAL IMAGE -AUDITORIUM ADDITION
4" 116 w
Page 29 of 50
RYAN HIGHSCHOOL
CONCEPTUAL IMAGE - STUDENT ENTRANCE
Page 30 of 50 bVI
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RYAN HIGHSCHOOL
CONCEPTUAL IMAGE - AUDITORIUM LOBBY & GALLERY
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Page 32 of 50 -
RYAN HIGH SCHOOL
CONCEPTUAL IMAGE - STUDENT LOBBY
Page 33 of 50 bVI
RYAN HIGHSCHOOL
NEXT STEPS
PRELIMINARY DESIGN
SCHEMATIC DESIGN
DESIGN DEVELOPMENT
CONSTRUCTION DOCUMENTS ISSUED
CONSTRUCTION BEGINS
MAY 2019
JULY 2019
)CT. 2019
JAN. 2020
SPRING 2020
Page 34 of 50 Ver
Project — 03
Guyer High School Renovations
(2018 Bond Authorization)
Architect — VLK Architects
Contractor — Balfour Beatty Construction
-arc,All '4
.4
Page 35 of 50 IV
.`
VLK Architects, Inc. wishes to thank the students, families,
community, teachers/staff, campus and district leadership for
the opportunity to design the Guyer High School Additions
and Renovations for Denton ISD. The project will build
upon and incorporate the many strong traditions of Guyer
High School while creating new learning and teaching
opportunities that will lead to greater opportunities forthe
students supporting the district's vision of Empowering
lifelong learners to be engaged citizens who positively
impact their local and global community.
Dr. Jamie Wilson, Superintendent of Schools
Dr. Richard Valenta, Deputy Superintendent of Schools
Dr. Mike Mattingly, Assistant Superintendent of Curriculum, Instruction & Staff Development
Debbie Monschke, Assistant Superintendent of Administrative Services
Dr. Daniel Lopez, Area Superintendent of Denton Learning Community
Dr. Robert Stewart, Assistant Superintendent of Human Resources
Paul Andress, Executive Director of Operations
Ernie Stripling, Chief Technology Officer
Jackie deMontmollin, Directorof FineArts
Joey Florence, Athletic Director
Debbie Roybal, Executive Director of Special Education
Garry Ryan, Executive Manager of Construction, Planning, Growth
Judy Bush, Senior Project Analyst,Technology
Carla Ruge, Director of Career & Technical Education
Donna Kearley, Director of Library Services
Chris Bomberger, Executive Director of Child Nutrition & Benefits
Dr. Gwen Perkins, Area Superintendent of Ryan High School Zone
Susannah O'Bara, Area Superintendent of Guyer High School Zone
GUYER HIGH SCHOOL
ACKNOWLEDGMENTS
Dr. Shaun Perry, Principal, Guyer High School
DeCorian Hailey,Assistant Principal, GuyerHigh School
Colleen Grindle, Freshman House Principal, Guyer High School
J.Michael Parker, Assistant Principal, GuyerHigh School
Matt Hill, Assistant Principal, Guyer High School
Lisa Hurst, Assistant Principal, Guyer High School
Corrie Edmondson, Assistant Principal, Guyer High School
Mark Jaskulske, Assistant Principal, Guyer High School
Sloan Harris, Partner
Leesa Vardeman, Partner
Dalane Bouillion, Ed.d., Principal And Educational Planner
Jason Blanks, Project Architect & Project Designer
Sarah Gardner, Project Architect
Kent Leach, Project Architect
Jignesh Patel, Project Architect
Jennifer Petty, Project Architect
Hannaphen Park, Architectural Intern
Faith Ann Hardcastle, Architectural Intern
James Tadlock, Architectural Intern
Tracy Loftin, Specifications
Lendsey Miller, Interior Designer
Brad Minton, Experience Designer
Chris Lyner, Experience Designer
David Garcia, Experience Designer
Clay Proulx, Experience Designer
Page 36 of 50 71
GUYER HIGH SCHOOL
PROJECT NARRATIVE
• May 5, 2018, the Denton ISD community approved a $750.5
million capital improvement plan to address the district's facility
needs for existing and new facilities in Denton ISD for the next
several years.
• Guyer High School Athletic Additions & Renovations
• Project Completion: Summer 2021
• Architect: VLK Architects,lnc.
• CMa@Risk: Balfour Beatty Construction
• Improve athletic facilities and amenities for both spectators and
players so that the campus is equitable to the facilities provided
at the new Denton High School.
• Bring select fine arts and consumer science facilities to the level
of new Denton Highschool.
Page 37 of 50
LANE
GUYER HIGH SCHOOL
SITE PLAN
Page 38 of 50
GUYER HIGH SCHOOL
MAIN BUILDING - FLOOR PLAN - LEVEL ONE
�' ❑ ADMINISTRATION
❑ CAFETERIA
E'' '. ❑ - • • ❑ CORE ACADEMICS
� r ` _, ❑� �: � � � • _ ❑FINE ARTS
;,: t ;❑ ❑ ATHLETICS
- _� �. � ter•: _
❑ LIBRARY
h SCIENCE
A { �ti ;�: ❑ SERVICE
5, ATHLETICS ENTRY ti ❑SPECIAL NEEDS
1 ❑ CAREER & TECHNOLOGY
1
Page 39 of 50 JF
GUYER HIGH SCHOOL
ENLARGED SITE PLAN -NORTH
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GUYER'H'IGH
�- SCHOOL
Page 40 ofav;
GUYER HIGH SCHOOL
EAST Ft WEST FIELD HOUSE- FLOOR PLAN - LEVEL ONE
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Page 41 of 5 11
GUYER HIGH SCHOOL
ENLARGED SITE PLAN - SOUTHEAST
�1
SOFTBALL AND
q TENNIS ENTRANCE
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Page 42 of 5 JV4F
GUYER HIGH SCHOOL
SOFTBALL/TENNIS FIELD HOUSE - FLOOR PLAN - LEVEL ONE
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M-1 FIELD HOUSE
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GUYER HIGH SCHOOL
CONCEPTUAL IMAGE - BASEBALL ENTRANCE
i
Page 45 of 50V
GUYER HIGH SCHOOL
CONCEPTUAL IMAGE - EAST FIELD HOUSE
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Page 46 of 50 6V
GUYER HIGH SCHOOL
CONCEPTUAL IMAGE - SOFTBALL FIELD & TENNIS COURTS AERIAL
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Page 47 of 50 vel
GUYER HIGH SCHOOL
NEXT STEPS
PRELIMINARY DESIGN
SCHEMATIC DESIGN
DESIGN DEVELOPMENT
CONSTRUCTION DOCUMENTS ISSUED
CONSTRUCTION BEGINS
MAY 2019
.JULY 2019
SEPT. 2018
JAN. 2020
SPRING 2020
Page 48 of 50 ri
AP, AV
Executive Summary
Prepared for Board of Trustees Meeting
December 21, 2019
Bond Construction Report November 2019
Board Goal: Growth, Change, & Fiscal Responsibility. In pursuit of excellence the district will
provide leadership and/or oversight to ensure the District meets all fiscal, legal, and regulatory
requirements.
Purpose ofReport: To provide information concerning construction projects as to scheduling,
progress, and funding. And to answer any questions pertaining to construction projects.
Obiectives:
• Provide safe and efficient facilities for students and staff
• Complete construction projects on time and within budget
• Comply with all codes and regulations
Operational lmpact: N/A
Results: The Denton ISD construction program, as directed by the Board, will meet the demand to
construct high quality facilities for students and staff with critical oversight and fiscal
responsibility.
Other Options: N/A
Denton Independent School District
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DENTON
Legislation Text
File #: ID 19-2804, Version: 1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding an update on construction projects,
facilities, and projects included in the approved 2019 City of Denton bond program.
City of Denton Page 1 of 1 Printed on 11/25/2019
powered by LegistarTM
City of Denton
City Hall
215 E. McKinney Street
DENTON Denton, Texas
www.cityofdenton.com
AGENDA INFORMATION SHEET
DEPARTMENT: Capital Projects
CM/ DCM/ ACM: Mario Canizares, Deputy City Manager
DATE: December 2, 2019
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding an update on construction projects,
facilities, and projects included in the approved 2019 City of Denton bond program.
BACKGROUND
City of Denton staff will provide a brief presentation with an update on various construction projects in the
City, including streets, sidewalks, and City facilities. City staff will also provide more information regarding
the recently approved 2019 City of Denton bond program.
EXHIBITS
1. Agenda Information Sheet
2. Presentation
Respectfully submitted:
Pritam Deshmukh
Deputy City Engineer
Joao
1 -0 -SF
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~
T Capital Pro
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C S
Update on Capital Projects
IMPROVING
DIY
DENTEN
Bonnie Brae
Roadway improvement project widening to 4 -lanes from Vintage to Loop 288.
Total Project Cost: $120M Schedule: All Phases Complete in 2024
IMPROVING
DLN i (011L11C),N
® ' PH.7
288
1 2022 to 2024
9 Denton Animal Sh
1
77
PH. 6
TE
2019 to 2021 WOl
380 U n k
z �
® PH. S 3
R A Y Z O R R 2021 to 2023
PH.4
2019 to 2021 Oak St Denton
P'¢
® y
1515
PH. 3
2019 to 2022
PH. 1
2017 to 2019
PH.2
2019 to 2021 377
Go g le
N
M.
So
Lake:
FM 2181 / Teasley Lane
Roadway improvement project
widening to 6 -lanes from FM 2499
to Teasley Lane.
Status: On hold —Zachary
Construction Corp.
Total Project Cost: $38M
Schedule: Nov. 2019 — Nov. 2021
IMPROVING
DLi\4 i ic,,C),[N
US Highway 377 `"�
Roadway improvement project widening to 6 -lanes from uNiON =P:AClFic
I
RAILROAD CROSSING
Interstate Highway 35E to about Y4 -mile south of the
�e 11711
intersection with FIVI 1830.
Status: Under Construction
Total Project Cost: $44M
Lj
Schedule: November 2020
tiS
IMPROVING
D L IN
Improvements
Interchange improvements at the intersections of 1-35E with Loop
288, Brinker Road, and Mayhill Road.
Status:
Loop 288 & Brinker
Mayhill
Total Project Cost:
Loop 288 & Brinker
Mayhill
Under Construction
Design (60%)
$33M
$53M
Schedule:
Loop 288 & Brinker End of 2019
Mayhill End of 2022
IMPROVINGD L i \4 i i 11 C11C), IN
-
1,
n
-I -
F
1=35E/W Merge
Reconstruct interchange and
frontage roads.
Status: Under Design
Total Project Cost:
Merge to US 380 - $140M
US 380 to US 77 - $200M
Expected Let Date:
Merge to US 380 — January,
2023
US 380 to US 77 — September,
2022
IMPROVINGDLi\4 iic-C-)IN man
-
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r
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{4th �, � - •� - �_
Nr�
Mayh*111 Road
Roadway improvement project widening to 4 -lanes from 1-35E to US380.
Total Project Cost: $75M Schedule: All Phases Complete in 2022
7
IMPROVING
D L i \4 i IN
DCTAA next o ease
2020 to 2022
-'
�..L.
4 ;r yy
J �� M
Und;r Construction �
2017 to 2019
UY
;
roll=! 1P
16
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r
4 4.
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■
y■#�II�Y�ti/
7
McKinney Street
Construct a 4 -lane divided roadway.
Status:
Under Construction
Total Project Cost: $18M
Schedule:
December 2021
IMPROVING
DLN i (0,L,C),N
FM 428
Construct a limited access facility from the
outer loop to Loop 288.
Status: Feasibility Study
Total Project Cost: Unknown
Expected Let Date: Unknown
IMPROVING
DLi\4 i N
`
Small Transportation Pro -
13 Small intersection projects for capacity and/or safety related issues.
IMPROVING
D L i� 1 IN
ts
Dallas & Teasley
Shady Oaks Turn Lane
Ryan Road & Country Club
Old North & University
Drive
Hickory Creek & Country
Club
Colorado & Loop 288
Carroll & Sherman
Bell & McKinney
McKinney & Loop 288
Sherman & Loop 288
McKinney & Woodrow
Hercules & Locust
Long & Stuart
Completed
Completed
Completed
Completed
TxDOT approval
ROW
ROW
Completed
Design
Design
Design
Design
Design
�K
IMPROVING
D L i� 1 IN
ts
Dallas & Teasley
Shady Oaks Turn Lane
Ryan Road & Country Club
Old North & University
Drive
Hickory Creek & Country
Club
Colorado & Loop 288
Carroll & Sherman
Bell & McKinney
McKinney & Loop 288
Sherman & Loop 288
McKinney & Woodrow
Hercules & Locust
Long & Stuart
Completed
Completed
Completed
Completed
TxDOT approval
ROW
ROW
Completed
Design
Design
Design
Design
Design
2019 Bond Election
• $220M Bond
• $154M worth Capital
Projects
IMPROVING
DLi\4 i N
• Projects Included:
• Bonnie Brae Street
• Hickory Creek Road
• Ryan Road
• Neighborhood Streets
• Sidewalks
• Street Lights
zi[•1s1•I•
�'_
0-20
1)[71\j 1 ((4
•IeI•
102 1 32.3
30.4 M
TOTAL 1 173 1 46.98 1 $39.4 M
Sidewalk
* $12 million City
Funding; $18.7 million
total project costs Calhoun
* Sidewalks Within 'A
mile of a School,
28.4 Miles
Elo a Element
* Anticipated $2
Million annual
issuance over 6
Years
IMPROVING
DLi\4 i N
VC,
,ntary 7
'-e+ - k -lem-amw/
.rL
6t
Questioms?
Pritam Deshmukh, P.E.
Deputy City Engineer
Ext. 7710
IMPROVING
D L i \4 i N
p1h. 41
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DAYBREAK BUILDING
BUILDING RENOVATION MILESTONES:
Description: One level existing building with approximately 27,200 square feet of useable
space to be renovated for use by the City of Denton Development Services, Engineering,
Fire Inspectors and Community Improvement departments.
• Third Party Architect Selection: Winter of 2020
• Design Build Firm Selection: Winter of 2020
• Anticipated Start of Construction: Spring of 2020
• Construction Completion: Fall of 2020
PARKING LOT RESURFACE AND MODIFICATIONS:
• Construction documents complete
• Construction bids to be bundled with McKinney Street parking lot project
• Anticipated Construction Completion: Fall of 2020
POLICE DEPARTMENT RENOVATION
BUILDING RENOVATION MILESTONES:
Description: One level existing building currently housing the Police Department. Estimated
area to be renovated 72,000 square feet of interior space.
• Contractor Manager at Risk Selection:
• Design Documentation to be complete:
• Anticipated Start of Construction:
• Construction Completion:
Winter of 2020
Summer of 2020
Winter of 2020
Spring of 2022
POLICE SUBSTATION:
Description: Two level new build construction with 50,000 square feet of space.
• Construction documents complete:
• Anticipated Start of Construction: Winter of 2020
• Anticipated Construction Completion: Spring of 2022
POLICE DEPARTMENT FIRING RANGE
BUILDING MILESTONES:
Description: One level new build to house an indoor practice firing range for department usage.
Project is to be developed simultaneously with PD Headquarter renovation and new sub -station
building. Site will be adjacent to the sub -station.
• Contractor Manager at Risk Selection: Winter 2020
• Design Documentation to be complete: Summer 2020
• Anticipated Start of Construction: Winter of 2020
• Construction Completion: Spring of 2022
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DENTON
Legislation Text
File #: ID 19-2834, Version: 1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding the amendment of a Memorandum of
Understanding (MOU) with the Denton Independent School District (DISD), for Student Resource Officers
(SROs).
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City of Denton
City Hall
11"'t"02021,215 E. McKinney Street
DENTON Denton, Texas
www.cityofdenton.com
AGENDA INFORMATION SHEET
DEPARTMENT: POLICE
CM/ DCM/ ACM: Todd Hileman
DATE: December 2, 2019
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the amendment of a Memorandum of
Understanding (MOU) with the Denton Independent School District (DISD), for Student Resource Officers
(SROs).
BACKGROUND
At the request of Denton Independent School District, three (3) additional Student Resource Officers
(SROs) have been added to the following schools: 1) Denton High School, 2) Guyer High School and 3)
Ryan High School for a total of two (2) SROs at each high school.
DISD has agreed to reimburse 100% of the total compensation for the three (3) additional officers for the
time period of January 1, 2020 to June 2020.
RECOMMENDATION
Staff recommends that Council approve amending the Memorandum of Understanding with DISD for the
SRO Program.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City of Denton Resolution 19-2057 was passed and approved on September 24, 2019.
FISCAL INFORMATION
Estimated annual reimbursement from Denton Independent School District - $610,456.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Estimated Quarterly Billing Plan
Respectfully submitted:
Frank Dixon
Chief of Police
Prepared by:
Robin Fox
Senior Executive Assistant
Estimated FY 2019-2020 DISD Quarterly Billing Plan
Estimated FY 2019-20 includes 50% of estimated salary and benefits for six SRO's located at DISD High
Schools and Middle Schools through 12/31/2019. Beginning 1/1/2020 through 6/30/2020, estimates are
based on 50% of estimated salary and benefits for six SRO's and 100% of estimated salary and benefits for
three SROs. Estimates are taken from the 19-20 Personnel Services Calculator.
2019
2020
Total DISD
FY 2019-2020
July - Sept
Oct - Dec
Jan - Mar
April - June
Estimated
Quarterly Billing
$ 104,182
$ 104,182
$ 201,046
$ 201,046
$ 610,456
Plan
Estimated FY 2019-20 includes 50% of estimated salary and benefits for six SRO's located at DISD High
Schools and Middle Schools through 12/31/2019. Beginning 1/1/2020 through 6/30/2020, estimates are
based on 50% of estimated salary and benefits for six SRO's and 100% of estimated salary and benefits for
three SROs. Estimates are taken from the 19-20 Personnel Services Calculator.
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
%Iiiiimlim�
www.cityofdenton.com
DENTON
File #: ID 19-2892, Version: 1
Legislation Text
AGENDA CAPTION
Consultation with Attorneys - Under Texas Government Code Section 551.071.
Consult with the City's attorneys to discuss legal options available, and limitations imposed, in the full
or partial reconsideration of agenda item 7.C. from the City Council meeting of November 19, 2019,
which previously approved an ordinance amending the 2019 Denton Development Code: to increase
the reverse setback of gas wells; and to create substantive and procedural amendments mitigating
certain impacts, both upon currently pending development applications, and upon the future
modification, reconstruction or expansion of any existing uses made legally nonconforming as a
consequence of the increased reverse setback; where a discussion of these legal matters in an open
meeting would conflict with the duty of the City's attorneys to the City of Denton City Council under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
%Iiiiimlim�
www.cityofdenton.com
DENTON
Legislation Text
File #: DCA19-0009d, Version: 1
AGENDA CAPTION
Consider a motion to reconsider the November 19, 2019 approval of an ordinance regarding a proposed
amendment to the Denton Development Code; specifically amending Subchapters 1, 6, and 8 of the Denton
Development Code, relating to applicability, gas well drilling and production reverse setbacks, definitions, and
procedures; providing a cumulative clause; providing a severability clause; providing for a penalty; and
providing an effective date. (DCA19-0009, Gas Wells, Hayley Zagurski)
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City of Denton
City Hall
215 E. McKinney Street
DENTON Denton, Texas
www.cityofdenton.com
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
CM: Todd Hileman
DATE: December 2, 2019
SUBJECT
Consider a motion to reconsider the November 19, 2019 approval of an ordinance regarding a proposed
amendment to the Denton Development Code; specifically amending Subchapters 1, 6, and 8 of the Denton
Development Code, relating to applicability, gas well drilling and production reverse setbacks, definitions,
and procedures; providing a cumulative clause; providing a severability clause; providing for a penalty; and
providing an effective date. (DCA19-0009, Gas Wells, Hayley Zagurski)
BACKGROUND
On November 19, 2019, the City Council held a public hearing for case DCA19-0009. A motion was made
at this meeting to approve the item with staff's recommendations, and the motion was approved [5-2].
Approval of this item included the following elements:
• Subchapter 1 was amended to allow nonconforming structures to go to the Zoning Board of
Adjustment (ZBA) to request to rebuild if they are destroyed by accidental or natural causes. This
was provided as Exhibit 6 in the agenda backup for the November 19th public hearing and was titled
Ordinance Exhibit A2.
• Subchapter 6 was amended to increase Reverse Setbacks to 500 feet, to add a Minimum Reverse
Setback of 250 feet, to clarify setback measurements to parks, and to add variance and relief
procedures for Protected Use to be able to request either a variance from the ZBA or administrative
relief if certain limited criteria are met. These changes were provided as Exhibit 8 in the November
19th agenda packet and were titled Ordinance Exhibit B.
• Subchapter 8 was amended to revise the procedures and applicability to allow the Cluster
Subdivision standards to be utilized when administrative relief is sought from the Reverse Setback.
These changes were provided as Exhibit 9 in the November 19th agenda packet and were titled
Ordinance Exhibit C.
Section 2-29(g)(11) of the City's Code of Ordinances allows a member who voted with the prevailing side
(in this case, the four members who voted to approved the code amendments) of the prior motion to make
a motion to reconsider so long as such motion is made "not later than the next succeeding official meeting
of the Council." The motion to reconsider may be seconded by any member of the Council.
On Monday, November 25, 2019 Mayor Chris Watts requested that an item be placed on the next agenda
for consideration. The next official meeting of the City Council is the Monday, December 2, 2019 joint
meeting with Denton ISD.
Should the motion to reconsider carry, the Council would then direct staff to provide public notification and
schedule a new public hearing to reconsider adoption of Ordinance DCA19-0009c. A new public hearing
is required so that the Council can regain jurisdiction over the item. Per Texas case law, jurisdiction over a
zoning item is lost once an item is either approved or denied by the local governing body. Notification of
the new public hearing could be sent to the local newspaper and also extended to affected property owners
within 500 feet of a gas well site to allow the public hearing to be held at the January 7, 2020 City Council
meeting.
Should the motion to reconsider fail, the original approval of the code amendments would stand.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Date
Council, Board,
Request
Action
Commission
September 11,
City Council
Work Session discussion on
Council requested
2019
increasing setbacks
additional discussion be
held
July 16, 2019
City Council
Work Session discussion on
Council directed staff to
increasing setbacks
pursue increasing
reverse setbacks to 500'
August 27, 2019
City Council
Work Session discussion of
Council directed staff to
500' reverse setback,
pursue code
variance options, and
amendments
nonconformities
October 8, 2019
City Council
Work Session discussion on
Council decided not to
proposed amendments
hold Work Session and
directed staff to take the
draft ordinance to P&Z
for public hearing
October 16,
Planning and Zoning
Work Session to brief P&Z
Public hearing to follow
2019
Commission
on Council discussions to
at next meeting
date prior to public hearing
November 6,
Planning and Zoning
Public Hearing
Recommended approval
2019
Commission
with modification of
language in Subchapter
1
November 19,
City Council
Public Hearing
Approved with staff
2019
recommendations
EXHIBITS
1. Agenda Information Sheet
2. Ordinance DCA 19-0009c
Information related to Ordinance DCA 19-0009c from the November 19, 2019 City Council meeting can
be found online at: https://www.ciiyofdenton.com/en-us/government/open/agendas-minutes.
Respectfully submitted:
Richard Cannone, AICP
Deputy Director/Planning Director
Prepared by:
Hayley Zagurski
Senior Planner
S:\Legal\Our Documents\Ordinances\I9\DCA ] 9-0009 -Gas Well Amendments CRK docx
ORDINANCE NO. DCA19-0009C
AN ORDINANCE OF THE CITY OF DENTON AMENDING SUBCHAPTERS 1, 6, AND
8 OF THE DENTON DEVELOPMENT CODE, RELATING TO APPLICABILITY, GAS
WELL DRILLING AND PRODUCTION REVERSE SETBACKS, DEFINITIONS, AND
PROCEDURES; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton is a home -rule city acting under its Charter adopted by the
electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas
Local Government Code, and accordingly enjoys broad powers of self -governance; and
WHEREAS, the City Council, pursuant to Ordinance No. 2001-465 adopted the City's first
gas well drilling and production regulations as part of Chapter 35, "Zoning," and adopted
Ordinance No. 2001-466 as part of Chapter 34, "Subdivision and Land Development," of the City
of Denton Code of Ordinances (collectively referred to as the "Gas Well Ordinance"); and
WHEREAS, the Gas Well Ordinance has been amended a few tirnes since its initial
adoption; and
WHEREAS, the most recent amendment of the Gas Well Ordinance occurred on August
4, 2015 (Ordinance No. 2015-233), so as to comply with House Bill 40 (Texas Natural Resources
Code, Sec. 81.0523) (enacted May 18, 2015), which provides the State of Texas with exclusive
jurisdiction over Gas Well Drilling and Production Activities. Municipalities are preempted frorn
regulating such activities, except as allowed in Sec. 81.0523(c), which expressly provides that a
municipality has authority to regulate certain aspects of aboveground activity related to oil and gas
operations; and
WHEREAS, even after the adoption of Ordinance No. 2015-233, the City Council has
continued to receive from the public a multitude of land use compatibility concerns regarding the
City's ordinances and regulations applicable to the gas well drilling and production activities,
including, but not limited to, health, noise, lighting, truck traffic, dust, vibrations, and other
nuisances; and
WHEREAS, this has increased over the years as more and more residential subdivisions
and other Protected Uses have developed in proximity to existing gas well drilling and production
sites; and
WHEREAS, any future drilling in close proximity to residential and other Protected Uses
will result in negative and deleterious effects on Denton citizens, calling into question whether the
various interests could be better balanced by additional review of the City's ordinances and
regulations; and
WHEREAS, the City Council of the City of Denton has witnessed the conflict between
increased drilling and urban expansion, and acknowledges the need to regulate the conflicting land
use issues between gas well operations and surface owners seeking the peaceful and quiet
enjoyment of their property; and
WHEREAS, the City Council finds that potentially harmful impacts of gas well drilling
and production within the City fall most heavily upon neighborhoods and properties adjacent to
gas well drilling and production operations, even where the adjoining properties are developed
subsequent to mineral estate development and gas well drilling/placernent; and
WHEREAS, surface development of properties conducted within city limits are subject to
and governed by the City's zoning regulations and are not protected by House Bill 40; and
WHEREAS, the City Council, after due and careful consideration, found that there remain
significant and compelling environmental and land use compatibility concerns associated with gas
well drilling and production activities and subsequent surface development on adjoining
properties; and
WHEREAS, as a response to these continuing concerns, on July 16, 2019, the City Council
held a work session on the current gas well setbacks and reverse setbacks and determined that the
reverse setbacks, which apply to Protected Uses should be increased; and
WHEREAS, the City Council determined that an increased gas well reverse setback of 500
feet is more protective in terms of health, noise, lighting, truck traffic, dust, vibrations, and other
nuisances based upon results of a natural gas air quality study conducted by the Eastern Research
Group for the City of Fort Worth, which is relatively similar to Denton in terms of geology and
topography and is located in the Barnett Shale; and
WHEREAS, on August 27, 2019, the City Council further considered the textual
amendments to be made to the Denton Development Code to implement the increased reverse
setbacks; and
WHEREAS, on November 6, 2019 the Planning and Zoning Commission held a public
hearing to hear testimony from citizens in connection with the proposed Gas Well Ordinance
amendments being considered; and
WHEREAS, on November 19, 2019, the City Council held a public hearing pursuant to
state law, to hear testimony from citizens in connection with the proposed Gas Well Ordinance
amendments; and
WHEREAS, at its regular meeting on November 19, 2019, the City Council, after due and
careful consideration, finds that there remain significant and compelling land use compatibility
concerns associated with gas well drilling and production activities and subsequent surface
development on adjoining properties; and
WHEREAS, the City Council further finds that the subject changes to the Denton
Development Code are consistent with the Comprehensive Plan and are in the public interest and
assure the health, safety, and general welfare of the City's residents and businesses; and
Page 2 of 4
WHEREAS, the City Council additionally finds that the provisions of the amendatory
ordinance are in compliance with House Bill 40; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. All of the above recitals, including the findings made therein, are hereby
found to be true and correct factual and legislative determinations of the City of Denton and are
hereby approved and incorporated by reference as though fully set forth herein.
SECTION 2. Subchapters 1, 6, and 8 of the Denton Development Code are amended as set
forth in Exhibits "A," "B," and "C," respectively, which are fully attached and incorporated fully
herein by reference, with the deletions struck -through and the additions underlined.
SECTION 3. The amendments set forth in Exhibit "A," "B," and "C" do not apply to plats
submitted before the effective date of this Ordinance, even if such plats are not approved before
that date. Such plats shall be processed under the reverse setback regulations in effect on the date
the plat application was submitted to the City.
SECTION 4. All ordinances in conflict herewith are amended and superseded to the limited
extent of such conflict, and all remaining sections and provisions of such ordinances not in direct
conflict herewith are hereby made cumulative.
SECTION 5. If any provision of this ordinance or the application thereof to any person or
circumstance 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 6. Any person violating any provision of this ordinance shall, upon conviction,
be fined a sure not to exceed $2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this ordinance
shall take effect 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, within ten (10) days of the date of
its passage.
Page 3 of 4
The motion to approve this ordinance: was made by Vl.-5 and
seconded by _ L ! , the ordinance was passed and approved by
the following vote
Aye Nay Abstain Absent
Mayor Chris Watts: ►/
Gerard Hudspeth, District 1: yr
Keely G. Briggs, District 2:
Jesse Davis, District 3: ✓ __
John Ryan, District 4:f
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the !� day of 12019.
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ARRON LEAL, CITY ATTORNEY
BY: /s/Cynthia R. Kirchoff
CHRIS WATTS, MAYOR
Page 4 of 4
Exhibit A2 —Subchapter 1 Amendments — Option 2
1 1.5 Nonconformities
2 1.5.1 Purpose
3 The purpose of Section 1.5 is to regulate and limit the development and continued existence of land,
4 buildings, structures, uses, and site features that were lawfully established prior to the effective date of
5 this DDC, but that no longer conform to the requirements of this DDC. All such situations are collectively
6 referred to in this section as "nonconformities." While nonconformities may continue, the provisions of
7 this section are designed to curtail substantial investment in nonconformities to bring about their
8 eventual elimination in order to preserve the integrity of this DDC and the goals of the City of Denton.
9 1.5.2 Regulations Applicable to All Nonconformities
10 A. Authority to Continue
11 Nonconformities may continue to be used and occupied, subject to regulations as to the
12 maintenance of premises and conditions of operations set forth in this section, or unless such
13 nonconformity is terminated as provided in this section.
14 B. Determination of Nonconformity Status
15 The burden of establishing the existence of a nonconformity shall be solely on the owner of the
16 property containing the nonconformity. An applicant may use the procedure in Subsection 2.5.4,
17 Certificate of Zoning Compliance, to establish the existence of a nonconformity.
18 C. Maintenance and Minor Repair
19 Minor repairs and maintenance of nonconformities are permitted and encouraged, provided
20 that the repairs and maintenance do not increase the degree of nonconformity. Minor repairs
21 and maintenance include the following:
22 1. Repairs necessary to maintain and to correct any damage or deterioration to the
23 structural soundness of, or the exterior or interior appearance of, a building or structure
24 without expanding the height or footprint of the building or structure, unless compliant
25 with this DDC;
26 2. Maintenance of land to protect against and mitigate health and environmental
27 hazards;
28 3. Resurfacing or restriping parking areas (but no enlargement of parking area)
29 pursuant to Section 7.9, Parking and Loading;
30 4. Replacing diseased or dead plant materials pursuant to Section 7.7,
31 Landscaping, Screening, Buffering, and Fences;
32 5. Repairs that are required to remedy unsafe conditions; and
33 6. Repairs necessary to comply with current building code requirements.
34 D. Change of Ownership or Tenancy
Exhibit A2 —Subchapter 1 Amendments — Option 2
35 Changes in ownership, tenancy, or management of property with an existing nonconformity
36 may occur, but such nonconformities shall continue to be subject to the standards of this
37 Section 1.5.
38 E. Compliance to the Maximum Extent Practicable
39 Where compliance with the requirements of this section is precluded by a lack of sufficient
40 developable area due to the size of the lot, the layout of existing development, or the presence
41 of significant wetlands, floodplains, watercourses, hazard areas, or other significant
42 environmental constraints, the applicant shall comply with the requirements of this section to
43 the maximum extent practicable, as determined by the Director.
44 F. Discontinuance
45 1. Whenever a nonconforming use or structure is discontinued for one year or
46 more, all nonconforming rights shall cease, and the use of the premises or the structure
47 shall be in conformance with this Subchapter and all applicable codes of the City. For
48 purposes of this provision, the following actions shall create a rebuttable presumption
49 of discontinuance: the property or structure is vacant and no attempt to market the
50 property is observable on the property or from the exterior of any structure, or that the
51 property or structure is vacant and City taxes owed on the property are delinquent. The
52 determination of discontinued status may be delayed for up to one year by the Director
53 upon written request, if the applicant provides documentation that the property has
54 been actively marketed for at least six months during the previous, first year.
55 2. The right to maintain or operate a nonconforming structure or use may be
56 terminated by the Zoning Board of Adjustment in accordance with Subsection 1.5.8,
57 Amortization of Nonconforming Uses or Structures. Any appeal of the termination of
58 nonconforming rights by the Zoning Board of Adjustment under this Subchapter shall be
59 made to the District Court within 10 days of receipt of written notice of the termination
60 by the Director.
61 G. Nonconformity Due to Outside Action
62 1. Where a lot, tract, or parcel is occupied by a lawful structure, and where the
63 acquisition of right-of-way, by eminent domain, dedication, or purchase, by a city,
64 county, state, or federal agency creates noncompliance of the structure or property
65 regarding any requirement of this DDC, such structure or property shall be deemed
66 nonconforming, and acquiring agency shall provide a compliance plan. Such designation
67 shall apply only to noncompliance that results directly from the acquisition of right -of -
68 way or by acquisition through eminent domain.
69 2. In the event that such structure is partially or totally destroyed by natural or
70 accidental causes, the structure may be rebuilt upon approval of a building permit by
71 the Building Official, subject to Subsection 1.5.413, Damage or Destruction of More than
72 50 Percent of the Gross Floor Area.
73 H. Prior Construction Approved
Exhibit A2 —Subchapter 1 Amendments — Option 2
74 Nothing contained in this section shall require any change in the plans, construction, or
75 designated use of a building legally under construction, or for which a permit for construction
76 has been issued, at the time of passage of this DDC or amendments.
77 I. Applicability of this DDC to Existing Residential Uses and Structures
78 The adoption of this DDC shall not cause any existing, legally established single-family detached
79 dwelling, townhome, or duplex use or structure to become nonconforming. Any single-family
80 detached dwelling, townhome, or duplex structure, lot, and associated site features lawfully
81 existing on the effective date of this DDC shall be deemed a lawful structure, lot, or site feature.
82 1.5.3 Nonconforming Uses
83 A. Limitations on Continuation of Nonconforming Uses of Land
84 1. A nonconforming use may be extended throughout the same building, provided
85 that:
86 a. No structural alteration of the building (or portion of such building
87 containing the nonconforming use in the case of buildings with multiple uses)
88 shall be permitted;
89 b. No additional dwelling units shall be permitted in the building; and
90 C. No additional nonresidential units and/or uses shall be permitted.
91 2. No nonconforming use shall expand into an additional structure.
92 3. Any use of land that was established in the City's extraterritorial jurisdiction and
93 annexed into the City shall be subject to the provisions established in TLGC, Section
94 43.002, as amended.
95 B. Change of Use
96 1. A nonconforming use may be changed to another nonconforming use, provided
97 the Director determines that the new use creates lesser impacts on surrounding
98 properties and is no more intensive than the use it replaces, and no structural
99 alterations to the building are required to accommodate such change, except those
100 alterations necessary to meet accessibility provisions required by state and federal law.
101 2. A nonconforming use that has been changed to a less nonconforming use
102 pursuant to this subsection may not subsequently be changed back to a more
103 nonconforming use.
104 3. A nonconforming use, if changed to a conforming use, may not subsequently be
105 changed back to any nonconforming use unless otherwise permitted by this DDC.
106 C. Existing Uses Requiring a Specific Use Permit
107 The adoption of this DDC shall not cause any existing, legally established use that requires a
108 specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), to become
Exhibit A2 —Subchapter 1 Amendments — Option 2
109 nonconforming. Any legally established use existing on the effective date of this DDC that has
110 been damaged or destroyed by fire or other natural or accidental causes in whole or in part may
111 be restored to its original condition and is not required to obtain a specific use permit.
112 1.5.4 Nonconforming Structures
113 A. Expansion of a Nonconforming Structure
114 A nonconforming structure may only be expanded or enlarged pursuant to Subsection 1.5.2C,
115 and any such expansion or enlargement shall be in full compliance with this DDC.
116 B. Increasing Level of Nonconformity Prohibited
117 A nonconforming structure shall not be altered in a way that increases the nonconformity of the
118 structure, but any structure or portion of a structure may be altered to decrease the
119 nonconformity of the structure.
120 C. Damage or Destruction of Less than 50 Percent of the Gross Floor Area
121 A nonconforming structure that has been damaged or destroyed by fire or other natural or
122 accidental causes may be restored to its original condition, provided that:
123 1. The extent of the damage does not require the reconstruction of more than 50
124 percent of the gross floor area of the nonconforming structure. For purposes of this
125 provision, the 50 -percent threshold shall apply to each individual structure, and not
126 cumulatively to multiple structures on one lot; and
127 2. A building permit is issued for the work to be performed and such work is
128 commenced within one year of such event and completed within 18 months of such
129 event. By written request from the property owner, the Director may grant one
130 extension of either the work commencement and/or the completion of work time
131 period.
132 3. A restoration or reconstruction of the structure in violation of this subsection
133 immediately terminates the right to operate the nonconforming structure.
134 D. Damage or Destruction of More than 50 Percent of the Gross Floor Area
135 A nonconforming structure that has been damaged or destroyed by fire or other natural or
136 accidental causes to the extent of more than fifty (50) percent of the gross floor area shall not
137 be rebuilt or occupied, except in cenfe-Rm.a.,r„ ,.,;+h this DDC except upon action of the Board of
138 Adjustment to permit reconstruction and occupancy of such structure. Such action by the Board
139 of Adjustment shall have due regard for the property rights of the person or persons affect, and
140 shall be considered in regard to the public welfare, character of the area surrounding such
141 structure. and the conservation. Dreservation. and Drotection of Droaerty.
142 1.5.5 Nonconforming Lots
143 A. A structure situated on a nonconforming lot shall be considered a nonconforming
144 structure, subject to the provisions of this Section 1.5.
Exhibit A2 —Subchapter 1 Amendments — Option 2
145 B. A nonconforming lot that was made nonconforming by virtue of enactment of this DDC
146 may be used for construction of a building allowed in the applicable zoning district, provided
147 that all other zoning district and dimensional standards are met, unless as otherwise provided
148 for in this Section 1.5.
149 C. A structure on a nonconforming lot deemed nonconforming by virtue of Subsection
150 1.5.4C may be restored to its original condition pursuant to Subsection 1.5.4C.
151 1.5.6 Nonconforming Site Features
152 A. For purposes of this provision, the term "nonconforming site feature" includes any
153 driveway, off-street parking or loading area, building coverage, landscaping, buffer, or screening
154 element that lawfully existed per regulations in place prior to the effective date of this DDC, as
155 well as the lack of any such feature required by subsequently enacted City regulations.
156 B. A lawfully nonconforming site feature may continue in its existing condition unless and
157 until full or limited compliance with the development standards of this DDC, as required in
158 Section 7.2: Applicability.
159 C. No action shall be taken that increases the degree of the nonconformity of a site
160 feature.
161 1.5.7 Nonconforming Signs
162 Nonconforming signs shall comply with Municipal Code of Ordinances, Chapter 33.10, Nonconforming
163 Signs.
164 1.5.8 Amortization of Nonconforming Uses or Structures
165 A. Initiation of Proceedings
166 The City Council may initiate proceedings to amortize a nonconforming land use or structure.
167 B. Consideration by Zoning Board of Adjustment
168
1. Generally
169
The Zoning Board of Adjustment may require the termination of nonconforming uses of
170
land or structures under a plan whereby the value of the structure and facilities can be
171
amortized within a definite period of time, taking into consideration the general
172
character of the neighborhood and the necessity for all property to conform to the
173
regulations of this DDC.
174
2. Criteria for Determining Amortization Period
175
Before the Zoning Board of Adjustment may determine an amortization period, it shall
176
consider the following factors:
177
a. The owner's capital investment in the structures on the property at the
178
time the use became nonconforming;
Exhibit A2 —Subchapter 1 Amendments — Option 2
179 b. The amount of the investment realized to date from revenue generated
180 by the property and the amount remaining, if any, to be recovered during the
181 amortization period;
182 C. The existence or nonexistence of lease obligations, as well as any
183 contingency clauses therein permitting termination of such leases;
184 d. Removal costs that are directly attributable to the establishment of a
185 termination date; and
186 e. Other costs and expenses that are directly attributable to the
187 establishment of a termination date.
188 3. Cessation of Use
189 If the Zoning Board of Adjustment establishes a termination date for a nonconforming
190 use or structure, the use shall cease operations on that date and the owner shall not
191 operate it after that date unless it becomes a conforming use or structure.
192 1.5.9 Illegal Nonconformities
193 A nonconformity becomes illegal when:
194 A. A nonconforming structure is destroyed or substantially destroyed by an intentional act
195 of the owner or an agent without a proper permit or other required city approval. If this occurs,
196 the nonconforming structure shall lose its nonconforming status and shall be required to
197 conform to existing codes. If a nonconforming use was also in the structure, the nonconforming
198 use and all site improvements shall lose their nonconforming status and be required to come
199 into compliance with existing codes; and
200 B. A use, structure, or site improvement results in a nonconformity without being lawfully
201 authorized in accordance with the provisions of this DDC. Such use and/or structure shall cease
202 operations until the required city approvals are obtained.
203
Exhibit A2 —Subchapter 1 Amendments — Option 2
204
Exhibit B —Subchapter 6 Amendments
1 Subchapter 6: Gas Wells
2 6.1 Integrated Provisions
3 6.1.1 Sections 6.2: Gas Well Development, and 6.3: Gas Well Drilling and Production, relating
4 to gas well development are intended as a set of integrated regulations. Each section may
5 incorporate by reference other applicable provisions of this DDC that pertain to gas well
6 development.
7 6.1.2 Section 6.3: Gas Well Drilling and Production, contains definitions that apply to all
8 provisions regulating gas well development, and identifies impact mitigation standards and
9 other general standards that apply to gas well development.
10 6.1.3 In addition to this Subchapter, Subchapter 5: Use Regulations, establishes zoning
11 classifications for gas well development and Section 2.6.6, Gas Well Development Plat,
12 establishes platting requirements and procedures for gas well development.
13 6.2 Gas Well Development
14 6.2.1 Purpose, Authority and Applicability
15 A. Purpose
16 The drilling and production of gas and the development of gas well facilities within the
17 corporate limits of the City necessitate promulgation of reasonable regulations to prevent
18 devaluation of property; to protect watersheds; to ensure that Gas Well Drilling and Production
19 Activities are compatible with adjacent land uses throughout the duration of such activities; and
20 to assure that such activities conform to The Denton Plan. The regulations contained in Section
21 6.2: Gas Well Development; Subchapter 8: Subdivisions; and Section 6.3: Gas Well Drilling and
22 Production, are designed to protect the health, safety, and general welfare of the public and to
23 assure that the orderly and practical development of mineral resources is compatible with the
24 quiet enjoyment of affected surface estates. The regulations contained in Section 6.2: Gas Well
25 Development; Subchapter 8: Subdivisions; and Section 6.3: Gas Well Drilling and Production, are
26 designed to implement the purposes set forth in this subsection and are supported by the
27 following findings of fact:
28
1. Gas Well Drilling and Production Activities create externalities that potentially
29
threaten the health, safety and general welfare of persons residing or working on
30
property in proximity to such operations.
31
2. Gas Well Drilling and Production Activities, in the absence of local regulatory
32
controls, may emit high noise levels, produce large volumes of dust, congest local
33
streets, present fire hazards and produce other deleterious effects, all of which fall
34
disproportionately on adjacent land uses, and which can result individually or
35
cumulatively in injury to persons, destabilization of property values, and inhibit the
36
quiet peace and enjoyment of surface uses of real property in the vicinity of such
37
operations.
Exhibit B —Subchapter 6 Amendments
38 3. The City of Denton recognizes that the United States and the State of Texas
39 primarily regulate Gas Well Drilling and Production Activities. Moreover, with the
40 enactment of House Bill 40 on May 18, 2015 (Texas Natural Resources Code, Sec.
41 81.0523), the State of Texas has exclusive jurisdiction over Gas Well Drilling and
42 Production Activities. Municipalities are preempted from regulating said activities
43 except as allowed in Sec. 81.0523(c), which expressly provides that a municipality has
44 authority to regulate certain aspects of aboveground activity related to oil and gas
45 operations. The regulations in this Subchapter are intended to regulate under such
46 authority, in order to implement compatible local objectives that assure the health,
47 safety and general welfare of the City's residents and businesses.
48 4. The proliferation of gas wells and Drilling and Production Sites within the City of
49 Denton creates conflicts between such developments and other existing and future
50 surface uses of the property. In order to assure the compatibility of residential,
51 commercial and industrial uses with gas well development, it is necessary for the City to
52 separate Gas Well Development from other surface uses within the City.
53 B. Authority
54 This Subchapter 6: Gas Wells, is adopted pursuant to authority vested under the constitution
55 and laws of the United States, the State of Texas and the City of Denton. Each authorization
56 identified in this Subchapter 6: Gas Wells, shall be construed as an exercise of the City's zoning
57 powers, pursuant to the Denton City Charter, TLGC Chapters 211 and 212 and the provisions of
58 Subchapter 3: Zoning Districts of this DDC, as well as an exercise of its authority granted by
59 Section 81.0523(c) of the Texas Natural Resources Code.
60 C. Applicability
61 The provisions of Section 6.2: Gas Well Development and Section 6.3: Gas Well Drilling and
62 Production, apply only within the corporate limits of the City of Denton, except as otherwise
63 expressly stated therein.
64 6.2.2 Required Authorization for Gas Well Development in City Limits
65 A. Zoning District Classifications for Gas Well Development
66 1. Gas well development is classified as an industrial land use in all zoning districts.
67 2. Gas well development is permitted as set forth in Table 5.2 A: Table of Allowed
68 Uses of the DDC, subject to the use -specific standards in Section 5.3: Use -Specific
69 Standards, of the DDC and the standards in Section 6.3: Gas Well Drilling and
70 Production. Gas well development also is permitted if authorized by a Master Planned
71 Community ("MPC") or Planned Development ("PD") District.
72 3. In order to foster compatible land use within zoning districts, Gas Well
73 Development within the corporate limits of the City will be subject to reasonable
74 setbacks from Protected Uses and Residential Subdivisions, which vary according to the
75 types of uses authorized in each district. Because many gas wells are already in close
Exhibit B —Subchapter 6 Amendments
76 proximity to existing Protected Uses or Residential Subdivisions, setbacks standards
77 within districts will vary according to whether the proposed Gas Well Development
78 takes place on an Existing Site or a new site.
79 4. A Drilling and Production Site Setback is the distance that the site must be
80 separated by an Operator from an existing Protected Use or Residential Subdivision. A
81 Reverse Setback is the distance that a Protected Use or Residential Subdivision must be
82 separated by a surface owner from an approved Drilling and Production Site. A
83 Minimum Setback is the minimum distance of separation between a Drilling and
84 Production Site and a Protected Use or Residential Subdivision after a waiver or variance
85 is granted to reduce the setback requirement. A Minimum Reverse Setback is the
86 minimum distance a Protected Use or residential lot must be separated by a surface
87 owner from an approved Drilling and Production Site or from a gas well within such site
88 after administrative relief or a variance is granted to reduce the reverse setback
89 requirement.
90 B. Setbacks by Zoning District Classification
91 New Gas Well Drilling and Production Sites. Setbacks from Protected Uses and Residential
92 Subdivisions for new Drilling and Production Sites, Reverse Setbacks and Minimum Setbacks
93 shall be as follows. In order to reduce Drilling and Production Site Setbacks, the procedures
94 outlined in Subsection 6.2.3, General Permit Requirements for New and Existing Gas Well Sites,
95 shall be followed.
96 1. For new Drilling and Production Sites authorized in the RR, R1, R2, R3, R4, R6,
97 R7, MN, MD, MR, SC, HC, GO, and PF districts, except in MPC or PD Districts:
98 a. Drilling and Production Site Setbacks: 1,000 feet.
99 b. Minimum Setbacks: 500 feet.
100 C. Reverse Setbacks: 500 feet.
101 d. Minimum Reverse Setback: 250 feet.
102 2. For new Drilling and Production Sites authorized in the LI and HI zoning districts:
103 a. Drilling and Production Site Setbacks: 250 feet.
104 b. Minimum Setbacks: 250 feet.
105 C. Reverse Setbacks: 500 feet.
106 d. Minimum Reverse Setback: 250 feet.
107
Where a proposed Drilling and Production Site in the LI or HI zoning district is
108
contiguous to the boundary of a district subject to the setbacks in Subsection B(1)
109
above, the Drilling and Production Site Setback shall be 500 feet from Protected Uses or
110
Residential Subdivisions within the adjacent district, the Reverse Setback shall be 500
111
feet, and the Minimum Setback and Minimum Reverse Setback shall be 250 feet.
Exhibit B —Subchapter 6 Amendments
112 3. For new Drilling and Production Sites in PD Districts and MPC Districts, Drilling
113 and Production Site Setbacks and Reverse Setbacks shall be as provided in the PD
114 District or MPC District regulations or as provided in subsequent site-specific
115 applications approved prior to August 4, 2015. The Drilling and Production Site Setbacks
116 and Reverse Setbacks in Subsection B(1) above shall apply to any setback not specified
117 in the MPC or PD District regulations or in subsequent site-specific applications
118 approved prior to August 4, 2015.
119 C. Setbacks for Existing Gas Well Sites
120 1. For Existing Drilling and Production Sites in the LI or HI zoning district:
121 a. Drilling and Production Site Setbacks: 250 feet.
122 b. Minimum Setbacks: 250 feet.
123 C. Reverse Setbacks: 500 feet.
124 d. Minimum Reverse Setback: 250 feet.
125 2. For Existing Drilling and Production Sites in all other districts, except in MPC or
126 PD Districts:
127 a. Drilling and Production Site Setbacks: 500 feet.
128 b. Minimum Setbacks: 250 feet.
129 C. Reverse Setbacks: 500 feet.
130 d. Minimum Reverse Setback: 250 feet.
131 3. For Existing Drilling and Production Sites in MPC or PD Districts, setbacks shall
132 be as provided in the MPC or PD District regulations, or as provided in subsequent site -
133 specific applications approved prior to August 4, 2015. The Drilling and Production Site
134 Setbacks and Reverse Setbacks in Subsection C(2) above shall apply to any setback not
135 specified in the MPC or PD District regulations, or in subsequent site-specific
136 applications approved prior to August 4, 2015.
137 In order to reduce Drilling and Production Site Setbacks, the procedures outlined in
138 Subsection 6.2.3, General Permit Requirements for New and Existing Gas Well Sites shall
139 be followed.
140 D. Measurement of Setbacks
141 1. A Drilling and Production Site Setback shall be measured from the actual or
142 proposed boundaries of the Drilling and Production Site in a straight line, without regard
143 to intervening structures or objects, to the closest exterior point of any structure
144 occupied or utilized by a Protected Use or any residential lot boundary line on an
145 approved Residential Subdivision plat when not currently occupied by a Protected Use.
Exhibit B —Subchapter 6 Amendments
146
2. The Reverse Setback shall be measured from the closest exterior point of the
147
proposed structure to be occupied or utilized by a Protected Use or residential lot, in a
148
straight line, without regard to intervening structures or objects, to the closest
149
boundary designated for the approved Gas Well Development Site Plan, or, if no Gas
150
Well Development Site Plan has been approved for the site, from the closest boundary
151
of the Existing Drilling and Production Site. For a proposed Residential Subdivision plat,
152
the Reverse Setback shall be measured from any undeveloped residential lot boundary
153
to the closest boundary designated for the approved Gas Well Development Site Plan,
154
or, if no Gas Well Development Site Plan has been approved for the site, from the
155
closest boundary of the Existing Drilling and Production Site.
156 3. For the purposes of setback measurements at public parks, measurements shall
157 be taken from any improvement such as a building, playground equipment, pool, splash
158 pad, regulation area of a permanent ball field or court, or pavilion. This definition does
159 not include flatwork such as parking lots, sidewalks, or trails.
160 4. The Reverse Setback for all other proposed Habitable Structures shall be the
161 distance prescribed by the Fire Code. No permanent Habitable Structure, however, shall
162 be located within the boundaries of a Drilling and Production Site.
163 E. Compliance with Fire Code Setbacks
164 In the event of any conflict between the setback provisions established by this Section 6.2: Gas
165 Well Development, and any setback provisions established by the Fire Code, as now adopted or
166 hereafter amended by the City of Denton, whichever provision provides for the larger setback
167 shall control.
168 F. Protected Use Setbacks
169 After the effective date of this amendatory ordinance, a property owner who constructs a
170 Protected Use must maintain a distance of 300 feet between the closest exterior point of the
171 proposed structure to be occupied by the Protected Use and any equipment on a Drilling and
172 Production Site that produces or stores flammable or combustible liquid or gas, to assure
173 efficient emergency response operations. After such date, an Operator who locates any
174 equipment that produces or stores flammable or combustible liquid or gas on a Drilling and
175 Production Site must maintain a distance of 300 feet between such equipment and the closest
176 exterior point of a structure occupied by a Protected Use.
177 6.2.3 General Permit Requirements for New and Existing Gas Well Sites
178 A. Permit Procedure Tracks
179 1. Gas Well Development Site Plan Required for Authorization of Multiple Wells
180 a. Other than for pending permit applications excepted from these regulations
181 under Subsection6.2.3E: Legal Non -Conformity; Exceptions, no Gas Well Permit shall be
182 issued until a Drilling and Production Site has been established through approval of a
183 Gas Well Development Site Plan for the well site. For an Existing Drilling and Production
Exhibit B —Subchapter 6 Amendments
184 Site for which no Gas Well Development Site Plan has been approved, an Operator must
185 obtain approval for a Gas Well Development Site Plan under these regulations before
186 any additional wells may be permitted on the site, except as provided in Subsection
187 6.2.4A.1. b.
188 b. In order to satisfy the setback requirements of Subsection 6.2.2, Required
189 Authorization for Gas Well Development in City Limits, an Operator must use the
190 procedures for approval of a Gas Well Development Site Plan set forth in subsections
191 A(2), A(3), or A(4) of this Section.
192 C. Once a Gas Well Development Site Plan has been approved, Drilling and
193 Production Site Setback requirements will not apply to individual Gas Well Permit
194 applications authorized by the approved Gas Well Development Site Plan. No variance
195 or waiver from the setback for the Drilling and Production Site shall be required for
196 subsequent wells.
197 d. A new Gas Well Permit must be obtained for each well authorized by an
198 approved Gas Well Development Site Plan.
199 e. Once a Gas Well Development Site Plan has been approved for an Existing
200 Drilling and Production Site shown on a gas well development plat, such plat shall have
201 no further force and effect with respect to that Drilling and Production Site.
202 2. Procedures for Drilling and Production Sites that Meet Setback Requirements
203 For a New or Existing Drilling and Production Site that meets the setback requirements in
204 Subsection 6.2.2, Required Authorization for Gas Well Development in City Limits, an Operator
205 may apply for a Gas Well Development Site Plan pursuant to Subsection 6.2.4: Gas Well
206 Development Site Plans.
207 3. Procedures for Drilling and Production Sites That Do Not Meet Setback Requirements
208 For a New or Existing Drilling and Production Site that does not meet the setback requirements
209 in Subsection 6.2.2, Required Authorization for Gas Well Development in City Limits, the
210 Operator may seek a waiver from 100 percent of the owners of Protected Uses and the owners
211 of lots in Residential Subdivisions within the Drilling and Production Site Setback pursuant to
212 Subsection 6.2.6A. In the alternative, the Operator may apply for a variance from the setback
213 requirement from the Board of Adjustment pursuant to Subsection 6.2.613. In the alternative, for
214 qualified Drilling and Production Sites, the Operator may obtain a reduction in the site setback
215 using incentive procedures in Subsection 6.2.6C. The Minimum Setback requirements under
216 Subsection 6.2.2, Required Authorization for Gas Well Development in City Limits, shall apply.
217 The notice provisions of Subsection 6.3.7A apply to proceedings under this subsection. Once a
218 setback has been reduced through waivers or variance procedures, the Operator may apply for
219 a Gas Well Development Site Plan pursuant to Subsection 6.2.4.
220 4. Special Procedures for Setbacks in PD and MPC Districts
Exhibit B —Subchapter 6 Amendments
221 a. The Operator and the surface owner of land in a PD or MPC District may present
222 a unified plan that assures the compatibility of surface development and Gas Well
223 Development of the property, taking into consideration setbacks from Protected Uses
224 and Residential Subdivisions, traffic circulation and access, fire safety and emergency
225 response, noise and light mitigation and other factors necessary to achieve compatibility
226 of land uses. The plan may establish different Drilling and Production Site and Reverse
227 Setbacks that vary from those prescribed in Subsection 6.2.2, Required Authorization for
228 Gas Well Development in City Limits. The plan if approved by the City Council shall be
229 incorporated into the zoning district regulations.
230 b. Where the Drilling and Production Site and Reverse Setbacks for Existing Sites
231 within a PD or MPC district are less than the minimums set forth in Subsection 6.2.2,
232 Required Authorization for Gas Well Development in City Limits, no amendments to the
233 zoning district regulations for surface development or gas well development shall be
234 approved by the City Council unless the setbacks are conformed to the requirements of
235 this Section or a compatibility plan is presented and approved pursuant to paragraph
236 (4)(a) above.
237 5. Procedures for Protected Uses or Residential Lots that Do Not Meet Reverse Setback
238 Requirements
239 For a new Protected Use or residential lot that does not meet the setback requirements
240 in Subsection 6.2.2, Required Authorization for Gas Well Development in City Limits, the
241 property owner may apply for administrative relief using the alternative design
242 standards in 6.2.6C.2a, if applicable, or for a variance from the Reverse Setback
243 requirement from the Board of Adjustment pursuant to Subsection 6.2.6B.
244 B. Sequence of Gas Well Permits
245 The Operator must comply with all rules and regulations of the Fire Code and all other law, rules and
246 regulations applicable to gas well operations, including, but not limited to, the following provisions. Nc
247 Drilling or Production Activities may commence within the City limits until the following authorizations
248 have been obtained, in the following sequence:
249 1. Approval of a Gas Well Development Site Plan pursuant to Subsection 6.2.4, for new
250 sites. Upon approval of a Gas Well Development Site Plan, the Operator may commence
251 construction of a Drilling and Production Site. No disturbance of the land is allowed until a Gas
252 Well Development Site Plan is obtained.
253 2. The Operator shall obtain a Gas Well Permit for each new gas well on such site pursuant
254 to the application requirements and standards of Subsection 6.2.5.
255 3. Approval of a Temporary Above -Ground Storage Tank Permit from the Denton Fire
256 Department.
257 4. Approval of Gas Well Operational Permit from the Denton Fire Department.
Exhibit B —Subchapter 6 Amendments
258 5. When all approvals contained in paragraphs (1) through (4) above have been obtained,
259 applicant may commence Initial Drilling Activities.
260 6. Approval of a Flammable and Combustible Liquids Construction Permit from the Denton
261 Fire Department.
262 7. Approval of a Flammable and Combustible Liquids Operational Permit from the Denton
263 Fire Department.
264 8. When all approvals contained in paragraphs (1) through (7) above have been obtained,
265 applicant may commence Completion Operations and Production Activities.
266 9. Approval of an Open Flame Operational Permit from the Denton Fire Department for
267 flaring activities during any stage of operation.
268 10. New Drilling or Production Activities on an existing Drilling and Production Site that is
269 subject to an approved Watershed Permit, or on sites which required a Watershed Permit under
270 prior regulations, but for which site no Watershed Permit was issued, are subject to the
271 requirements of Subsection 6.3.9D.
272 11. The applications for any authorization for gas well drilling and production listed in this
273 Subsection B must be submitted and approved in the numerical order listed. No subsequent
274 application shall be determined to be complete and hereby is deemed to be incomplete until all
275 required prior applications have been approved, and no completeness determination shall be
276 made until such prior applications have been approved.
277 C. Expiration of Permits, Plans
278 Applications for gas well drilling and production shall expire under the following circumstances:
279 1. A Specific Use Permit which was approved under prior gas well regulations expires
280 according to its terms, or pursuant to DDC, paragraph 2.5.2C.6: Step 6: Post -Decision Actions
281 and Limitations.
282 2. A Watershed Protection Permit, if applicable, expires with the expiration of a Gas Well
283 Development Site Plan.
284 3. A Gas Well Development Site Plan for a new Drilling and Production Site expires unless a
285 complete application for a Gas Well Permit has been filed within one year of the date of
286 approval of the Site Plan, or no drilling and production activities have occurred on the Drilling
287 and Production Site for a period of three years. A Gas Well Development Site Plan for an Existing
288 Site does not expire, unless no drilling and production activities have occurred on the site for a
289 period of two years after all wells on the site have been plugged and abandoned.
290 4. A Gas Well Permit expires if Initial Drilling Activities have not commenced within one
291 year of the date of approval of the Gas Well Permit.
292 5. Following expiration of an approved application for gas well drilling and production, a
293 new application must be submitted.
Exhibit B —Subchapter 6 Amendments
294 D. Requirements are in Addition to Other Permits
295 The authorizations required by this Subchapter are in addition to, and not in lieu of, any permits that
296 may be required by any other provision of the Denton City Code, DDC or any other government agency.
297 E. Legal Non -Conformity; Exceptions
298 1. Non -Conformities
299 The provisions of Section 1.5, Nonconformities, are applicable to gas well drilling and production
300 activities, except as provided hereinafter.
301 a. For purposes of Section 1.5, Nonconformities, the drilling of a new gas well and
302 associated Production Activities do not constitute an existing lawful use.
303 b. The amendment of Table 5.2 A: Table of Allowed Uses and use -specific
304 standards in Section 5.3: Use -Specific Standards, to provide for gas well Drilling and
305 Production Activities shall not render non -conforming any Workover Operations, Drilling
306 Activities or Production Activities for an existing well conducted on an Existing Drilling
307 and Production Site, if such activities were authorized under a gas well permit that was
308 approved by the Gas Well Administrator pursuant to gas well regulations in effect prior
309 to the effective date of this amendatory ordinance.
310 C. The adoption of this amendatory ordinance or the application of such
311 regulations to an Existing Drilling and Production Site shall not render non -conforming
312 any Workover Operations, Drilling Activities or Production Activities for an existing well
313 on such site, if such activities were authorized under a gas well permit that was
314 approved by the Gas Well Administrator prior to the effective date of this amendatory
315 ordinance.
316 2. General Exceptions
317 The standards or procedures implemented by this amendatory ordinance shall not affect the
318 processing and approval or disapproval of an application for a gas well permit that was pending
319 for decision on the effective date of this amendatory ordinance, or any subsequent permit
320 applications for the same gas well, or for a gas well for which a gas well permit was approved
321 prior to the effective date of this amendatory ordinance, except to the extent necessary to give
322 effect to Subsection 6.2.3E. For purposes of Subsection 6.2.3E.2, an amended Gas Well
323 Development Site Plan application is not a subsequent permit application.
324 a. Authorizations or applications excepted under Subsection 6.2.3E.2. are subject
325 to all gas well drilling and production standards in effect immediately prior to the
326 effective date of this amendatory ordinance.
327 b. To the extent that any exception provided under Subsection 6.2.3E.2 is
328 dependent on an application pending on the effective date of an amendatory ordinance,
329 such application must have been approved subsequently in order for the exception to
330 apply.
Exhibit B —Subchapter 6 Amendments
331
C. City shall, prior to annexation, provide notice of the City's intent to annex to
332
each Operator affected by the annexation. Every Operator of a Drilling and Production
333
Site that has been annexed into the City shall register the Drilling and Production Site
334
not later than three days after the effective date of the annexation by contacting the
335
Gas Well Administrator to ensure that gas well development plats and gas well locations
336
are on file with the City. If they are not, the Operator shall provide the City with a copy
337
of a gas well development plat and gas well location information.
338 F. General Application Standard
339 In additional to any other remedies available at law or in equity, the City may initiate proceedings to
340 revoke any site plan, permit, variance or special exception approved pursuant to this Section 6.2: Gas
341 Well Development, upon discovery that the applicant supplied false, fraudulent or misleading
342 information that was material to approval of the application under the standards applicable to the
343 permit, variance or special exception. All site plan or permit applications or requests for relief to the
344 Board of Adjustment or requests for waivers shall be verified.
345 6.2.4 Gas Well Development Site Plans
346 A. Gas Well Development Site Plan
347 1. Applicability
348 a. A Gas Well Development Site Plan approved under this amendatory ordinance is
349 required to authorize multiple gas wells on a Drilling and Production Site and must be
350 approved prior to issuance of any Gas Well Permit for any new well on the site.
351 b. Notwithstanding subsection A, new wells identified on an approved Existing Gas
352 Well Development Site Plan may be permitted in accordance with the gas well
353 ordinance regulations in effect immediately prior to the effective date of this
354 amendatory ordinance.
355 C. A gas well development plat is not an Existing Gas Well Development Site Plan.
356 d. A Gas Well Development Site Plan is not required to authorize Workover
357 Operations, Drilling Activities or Production Activities for an existing gas well for which a
358 gas well permit was issued prior to the effective date of this amendatory ordinance.
359 2. Application Requirements
360 a. A cover page that includes a vicinity map of the Drilling and Production Site; a
361 Sheet Index that identifies the number of Exhibits with titles for each (exhibit titles shall
362 begin with the word 'Exhibit' and include the respective letter); the Project Title; the
363 date of preparation; the preparer, Operator, and property owner's names; space for the
364 City project number; and a signature block for both the Gas Well Administrator and the
365 City Secretary.
366 b. A mapping exhibit with an accurate legal description of the Drilling and
367 Production Site that was prepared and certified by a Registered Professional Land
Exhibit B –Subchapter 6 Amendments
368
Surveyor of the State of Texas. Provide closure sheet of bearings and distances used in
369
legal description. The exhibit shall include exact location, dimension, and description of
370
all existing public, proposed, or private easements, and public rights-of-way within the
371
lease area, intersecting or contiguous with its boundary, or forming such boundary.
372
Describe and locate all permanent survey monuments, pins, and control points and tie
373
and reference the survey corners to the Texas State Plane Coordinate System North
374
Central Zone 1983-1999 datum. Provide proposed pipeline route—note that a separate
375
application may be necessary if the proposed route encroaches onto any public
376
easement, right-of-way or land owned by the City of Denton.
377
C. The maximum size of a proposed Drilling and Production Site shall be three
378
acres, unless the Operator can demonstrate to the City at the time of filing of a Gas Well
379
Development Site Plan application that: (i) the surface owner(s) has agreed to a larger
380
site via a written agreement that will be recorded by the Operator in the Denton County
381
records, (ii) the surface owner is subject to a covenant in a written instrument, or
382
memorandum thereof, recorded prior to August 4, 2015, that authorizes a larger site, or
383
(iii) the Operator can demonstrate that a larger site is needed to accommodate the
384
planned gas well operations based upon the acreage that the Operator presently has
385
under the mineral lease; provided that no new Drilling and Production Site authorized
386
under (i), (ii) or (iii) may exceed seven acres, unless authorized by the Board of
387
Adjustment. For a Gas Well existing on the effective date of this amendatory ordinance,
388
evidence that the current Drilling and Production Site is greater than the maximum size
389
shall be sufficient proof to demonstrate that a larger site is needed to accommodate the
390
planned gas well operations proposed by the Gas Well Development Site Plan. A gas
391
well development plat is neither a written agreement nor a written instrument or
392
memorandum within the meaning of this subsection.
393
d. A map showing the distance from the boundaries of the Drilling and Production
394
Site from all Protected Uses and Residential Subdivisions. If the separation distance(s)
395
from Protected Uses and Residential Subdivisions do not meet the setback requirements
396
of Subsection 6.2.2, the application also must include a copy of the waivers approved
397
pursuant to Subsection 6.2.6A, or the approval of a setback variance approved by the
398
Board of Adjustment pursuant to Subsection 6.2.613. If the Operator seeks to qualify the
399
proposed Drilling and Production Site for an administrative waiver pursuant to
400
Subsection 6.2.6C, the information therein required shall be submitted with the
401
application for site plan approval.
402
e. A site plan of the Drilling and Production Site, capable of being recorded,
403
showing clear site boundary lines and the location of all on-site improvements and
404
equipment, including: tanks, pipelines, compressors, separators, and other
405
appurtenances in relation to the boundaries of the site.
406
f. A legal description of the proposed Drilling and Production Site.
407
g. An Erosion and Sediment Control Plan. Such exhibit must include contact
408
information, a physical site description including: land uses; general vegetation and
Exhibit B —Subchapter 6 Amendments
409
surface water in near proximity; topography/contour lines both pre- and post -
410
construction; hydrologic analysis including: stormwater directional flow, outfalls, water
411
well related structures and water sources; receiving waters; soils; project narrative with
412
general timeline; well pad site plan including: fueling areas, waste disposal containers,
413
hazardous materials storage, and product and condensate storage tanks, soil
414
stabilization and erosion control measures including: list of selected stormwater
415
measures, site map of selected stormwater measures, locations and final stabilization
416
plans; solid waste management plan, septic/portolet location; and maintenance plan for
417
stormwater controls including schedule and transfer of ownership provision. See Gas
418
Well Erosion and Sediment Control Plan Guidance Document for details.
419
h. An Access and Transportation Plan identifying the points of access and routes to
420
be followed on the road network supporting gas well development on the Drilling and
421
Production Site over time, and the internal circulation plan for the property containing
422
the proposed site, including provisions to protect vehicle access to Neighborhood
423
Streets. The Plan shall contain specifications for construction of the access road(s) and
424
on-site fire lanes that meet the standards for emergency access set forth in paragraph
425
6.3.2E. A map showing transportation route and road for equipment, supplies,
426
chemicals, or waste products used or produced by the gas well operation shall be
427
included. The map shall illustrate the length of all public roads that will be used for site
428
ingress and egress The water source proposed for both the drilling and fracturing stages
429
shall be identified in the Plan, together with a designation whether the water is to be
430
hauled or piped to the site.
431
i. A Landscape Plan. The project review planner will determine if a buffer is
432
required based on the adjacent land use(s). If the planner determines a buffer is
433
required, then a landscape plan must be submitted in accordance with the City of
434
Denton's Landscape Plan Checklist. Not every Drilling and Production Site requires a
435
landscape plan.
436 j. A Tree Inventory and Preservation and Mitigation Plan. For sites with trees, a
437 Tree Inventory and a Preservation Plan and Mitigation Plan pursuant to DDC, Subsection
438 7.7.4: Tree Preservation will be submitted.
439 k. A copy of any prior approvals required, including conditions imposed, such as a
440 specific use permit (SUP) or watershed protection permit;
441 I. A Noise Management Plan, prepared in accordance with paragraph 6.3.2F.2;
442 and
443 m. Proof of issuance of Notice of Activities pursuant to paragraph 6.3.7A.1.
444 3. Procedures and Criteria
445 a. Processing of Application
Exhibit B —Subchapter 6 Amendments
446
An application for a Gas Well Development Site Plan shall be processed in accordance
447
with the requirements of Subsection 2.6.6: Gas Well Development Plat, and shall be
448
decided by the Gas Well Administrator.
449
b. Criteria
450
The Gas Well Administrator shall approve the application if it meets the following
451
standards:
452 i. The site meets the setback requirements of Subsection 6.2.2, a waiver
453 has been granted or a variance from such standards has been approved by the
454 Board of Adjustment or the Gas Well Administrator.
455 ii. The application is consistent with any applicable SUP, MPC or PD site
456 specific authorization, or Watershed Protection Permit and any conditions
457 incorporated therein.
458 iii. The application meets applicable requirements of Subsection6.3.2.
459 iv. The size of the Drilling and Production Site can accommodate the
460 number of wells proposed.
461 V. The site is adequately served by a road network, does not take access
462 from any Neighborhood Street, and road remediation fees have been paid.
463 vi. Notice of the application has been posted pursuant to Subsection 6.3.7.
464 C. Conditions
465 The Gas Well Administrator may impose conditions that assure compliance with the
466 terms of the prior approvals or standards of this Subchapter.
467 4. Effect
468 The approval of a Gas Well Development Site Plan authorizes the Operator to apply for a Gas
469 Well Permit for each well authorized by the Site Plan and other permits required before
470 commencement of Drilling Activities on the Drilling and Production Site.
471 5. Recordation
472 An approved Gas Well Development Site Plan must be recorded by the Operator in the Denton
473 County Records prior to the issuance of a Gas Well Permit.
474 B. Amended Gas Well Site Plan
475 1. If the Operator proposes to do any of the following, an Amended Gas Well Development
476 Site Plan shall be required. The applications shall be reviewed and decided in the same manner
477 as the original application.
478 a. Relocate the boundaries of the Drilling and Production Site.
479 b. Expand the boundaries of the Drilling and Production Site.
Exhibit B —Subchapter 6 Amendments
480 C. Change the layout of the structures or appurtenances within the boundaries of
481 the approved Drilling and Production Site.
482 d. Change the access road(s) or the location of the access road(s).
483 2. The application shall be reviewed and decided in the same manner as the original
484 application for the Drilling and Production Site.
485 3. The setback requirements of Subsection 6.2.2 shall apply to activities described in
486 paragraphs 6.2.4B.1.a and 6.2.4B.1.b above.
487 4. An approved Amended Gas Well Development Site Plan shall be recorded as required by
488 paragraph 6.2.4A.5 above.
489 C. Expiration and Extension of Gas Well Development Site Plans
490 1. A Gas Well Development Site Plan for a new Drilling and Production Site expires unless a
491 complete application for a Gas Well Permit has been filed within one year of the date of
492 approval of the Site Plan, or no drilling and production activities have occurred on the Site for a
493 period of three years.
494 2. A Gas Well Development Site Plan for an Existing Site does not expire, unless no drilling
495 and production activities have occurred on the site for a period of two years after all wells on
496 the site have been plugged and abandoned.
497 3. An Operator may seek a special exception from the Board of Adjustment pursuant to
498 paragraph 6.2.66 for a one-year extension of the expiration date for a Gas Well Development
499 Site Plan for a new Drilling and Production Site.
500 6.2.5 Gas Well Permits
501 A. Applicability and Exceptions
502 1. Any person, acting for himself or acting as an agent, employee, independent contractor,
503 or servant for any person, shall not engage in Initial Drilling Activities within the corporate limits
504 of the City without first obtaining a Gas Well Permit.
505 2. A Gas Well Permit shall be required for each well. No Gas Well Permit shall be issued for
506 multiple wells.
507 3. A Gas Well Permit shall not be required for exploration for gas. Exploration of gas means
508 geologic or geophysical activities, including, but not limited to surveying and seismic exploration
509 not involving explosive charges, related to the search for oil, gas, or other sub -surface
510 hydrocarbons. A seismic permit is required for impact -based exploration.
511 4. A Gas Well Permit shall constitute authority for Initial Drilling Activities, Completion
512 Operations, Production Operations, Workover Operations and Redrilling with proper notice
513 pursuant to Subsection 6.3.7.
514 5. By acceptance of any Gas Well Permit issued pursuant to this section, the Operator
515 expressly stipulates and agrees to be bound by and comply with the provisions of this Section
Exhibit B —Subchapter 6 Amendments
516 6.2: Gas Well Development and Section 6.3: Gas Well Drilling and Production, of this DDC. The
517 terms of such provisions shall be deemed to be incorporated in any Gas Well Permit issued
518 pursuant to this section with the same force and effect as if such gas well development
519 regulations were set forth verbatim in such Gas Well Permit.
520 6. A Gas Well Permit is not required to authorize Workover Operations, Drilling Activities
521 or Production Activities for an existing well conducted on an Existing Site, if such activities were
522 authorized under a gas well permit approved by the Gas Well Administrator pursuant to gas well
523 regulations in effect prior to the effective date of this amendatory ordinance; provided that
524 nuisance and sound mitigation requirements under paragraph 6.3.2F.1 and paragraph 6.3.2F.2
525 and notice requirements under Subsection 6.3.7C shall apply to such activities. An Operator is
526 not relieved from the obligation to obtain additional Fire Code permits for such activities.
527 B. Application Requirements
528 Applications for Gas Well Permits shall include the following:
529 1. File marked copy of recorded Gas Well Site Development Plan;
530 2. A completed application and permit form provided by the City that is signed by the
531 applicant;
532 3. The application fee;
533 4. Upon completion of construction of the Drilling and Production Site, a copy of the As -
534 built Gas Well Development Site Plan;
535 5. A copy of the permit issued by the RRC and corresponding API number;
536 6. Well and Operator information;
537 7. Description of work to be performed;
538 8. Anticipated start date;
539 9. Water source to be used for Completion Operations;
540 10. Verification that notices were provided in accordance with Subsection 6.3.713; and
541 11. Proof of insurance and security.
542 C. Procedures and Criteria
543 1. Filing of Application
544 All applications for Gas Well Permits shall be filed with the Department. Incomplete applications
545 shall be returned to the applicant, in which case the City shall provide a written explanation of
546 the deficiencies. The City shall retain a processing fee determined by ordinance. The City may
547 return any application as incomplete if there is a dispute pending before the Railroad
548 Commission regarding the identity or authority of the Operator for the gas well.
549 2. Criteria
Exhibit B —Subchapter 6 Amendments
550 The Gas Well Administrator shall approve the application if it meets the following standards:
551 a. The application is consistent with the approved Gas Well Development Site Plan
552 and any conditions incorporated therein.
553 b. The application meets applicable standards of Section6.3.
554 C. The application is in conformance with the insurance and security requirements
555 set forth in Subsection 6.3.3 and Subsection 6.3.4.
556 3. Conditions
557 The Gas Well Administrator shall not approve a Gas Well Permit until after the Operator has
558 provided:
559 a. The security and insurance required by Subsections 6.3.3 and 6.3.4;
560 b. Payment of the required Road Damage Remediation Fee that will obligate the
561 Operator to repair damage excluding ordinary wear and tear, if any, to public streets,
562 including but not limited to, damage to bridges caused by the Operator or by the
563 Operator's employees, agents, contractors, subcontractors or representatives in the
564 performance of any activity authorized by or contemplated by the approved Gas Well
565 Permit.
566 4. An Operator may obtain a conditional Gas Well Permit contingent upon the submittal of
567 an As -Built Gas Well Development Site Plan that conforms to the approved Gas Well
568 Development Site Plan. The Gas Well Administrator shall review the As -Built submittal within
569 three business days. Upon the written determination of the Gas Well Administrator that the As -
570 Built Gas Well Development Site Plan conforms to the legal description as approved in the Gas
571 Well Development Site Plan, the Operator may commence Drilling Activities.
572 5. Contents of Permit
573 Each Gas Well Permit issued by the Gas Well Administrator shall:
574 a. Identify the name of each well and its Operator;
575 b. Specify the date on which the Gas Well Administrator issued each Permit;
576 C. Specify the Permit expiration date;
577 d. Specify that if drilling is commenced before the Permit expires, the Permit shall
578 continue until the well covered by the Permit is abandoned and the site restored;
579 e. Incorporate, by reference, the insurance and security requirements set forth in
580 Subsections 6.3.3 and Subsection 6.3.4;
581 f. Incorporate, by reference, the requirement for periodic reports set forth in
582 Subsection 6.3.6 and for Notice of Activities set forth in Subsection 6.3.7;
583 g. Incorporate the full text of the release of liability provisions set forth in
584 Subsection 6.3.3A;
Exhibit B —Subchapter 6 Amendments
585 h. Incorporate, by reference, the conditions of the applicable Watershed
586 Protection Permit to which the Gas Well Permit is subject;
587 i. Incorporate, by reference, the information contained in the Permit application;
588 j. Include the statement that all Drilling and Production Activities are subject to
589 the applicable rules and regulations of the RRC, including the applicable "Field Rules,"
590 TCEQ and United States Army Corps of Engineers;
591 k. Contain the name, address, and phone number of the person designated to
592 receive notices from the City;
593 I. Contain the name, address and phone number of the person designated to
594 receive service of process from the City, which person shall be a resident of Texas that
595 can be served in person or by registered or certified mail;
596 M. Incorporate the well's RRC permit number and the American Petroleum
597 Institute (API) number;
598 n. Incorporate, by reference all other applicable provisions set forth in the DDC;
599 0. Contain a notarized statement signed by the Operator, or designee, that the
600 information is, to the best knowledge and belief of the Operator or designee, true and
601 correct;
602 P. Contain a statement that the Operator acknowledges and voluntarily consents
603 to be inspected by the City to ensure compliance with this section, Section 6.3: Gas Well
604 Drilling and Production, and applicable provisions of the DDC, and the Municipal Code of
605 Ordinances; and
606 q. If the Drilling and Production Site has not been constructed, an As -Built Gas Well
607 Development Site Plan must be approved prior to commencement of Drilling Activities.
608 6. Denial of Permit
609 a. The decision of the Gas Well Administrator to deny an application for a Gas Well
610 Permit shall be provided to the Operator in writing within 10 days after the decision,
611 including an explanation of the basis for the decision.
612 b. If an application for a Gas Well Permit is denied by the Gas Well Administrator,
613 nothing herein contained shall prevent a new Gas Well Permit application from being re -
614 submitted.
615 D. Expiration of Gas Well Permit
616 1. A Gas Well Permit is valid for a period of one year and shall automatically expire, unless
617 Initial Drilling Activities have commenced prior to such date.
618 2. If a Gas Well Permit has been issued by the City but Initial Drilling Activities have not
619 commenced prior to the expiration date of the Permit, the Permit shall not be extended unless a
620 special exception has been approved by the Board of Adjustment pursuant to Subsection 6.2.6;
Exhibit B —Subchapter 6 Amendments
621 however, the Operator may reapply for a new Permit, as long as the Gas Well Development Site
622 Plan remains in effect.
623 E. Transfer of Gas Well Permit
624 A Gas Well Permit may be transferred by the Operator with the written consent of the City if the
625 transfer is in writing signed by both parties, if the transferee agrees to be bound by the terms and
626 conditions of the transferred Permit, if all information previously provided to the City as part of the
627 application for the transferred Permit is updated to reflect any changes, and if the transferee provides
628 the insurance and security required by Subsections 6.3.3 and Subsection 6.3.4. The insurance and
629 security provided by the transferor shall be released if a copy of the written transfer is provided to the
630 City and all other requirements provided in this subsection are satisfied. The transfer shall not relieve
631 the transferor from any liability to the City arising out of any activities conducted prior to the transfer.
632 6.2.6 Relief Measures
633 A. Waiver Procedures for Drilling and Production Site Setback Reductions
634 1. Property Owner Waivers for Drilling and Production Sites
635 An Operator may obtain a reduction in the Drilling and Production Site Setback requirements of
636 Subsection 6.2.2 by procuring written, notarized waivers from 100 percent of the owners of
637 Protected Uses and the owners of lots in Residential subdivisions that are within the required
638 setback.
639 a. Property owner waivers must be in a format approved by the City and shall
640 include an aerial exhibit attached clearly depicting the boundaries of the proposed
641 Drilling and Production Site where well development could occur and the closest
642 dimension to each Protected Use and each lot in the Residential Subdivision for which
643 the waiver is being requested. Signatures are required on both the form and exhibit.
644 b. Written notarized waivers granted by all the property owners within the
645 prescribed setback distance from a Drilling and Production Site must be filed, at the
646 expense of the Operator, in the Denton County records. All waivers must identify the
647 property address, block and lot number, subdivision name and plat volume and page
648 number. Copies of filed property owner waivers must be submitted with the filing of a
649 complete application for a Gas Well Development Site Plan.
650 C. If the Operator fails to obtain written waivers from all property owners within
651 the prescribed Drilling and Production Site Setback, the Operator may submit a request
652 for a variance to the Board of Adjustment pursuant to Subsection 6.2.613, or a request
653 for an administrative variance, pursuant to Subsection 6.2.6C.
654 2. Effect of Surface Development on Drilling and Production Site Setback Waivers
655 After the effective date of this amendatory ordinance, when a property owner constructs a
656 Protected Use or develops a Residential Subdivision within the Drilling and Production Site
657 Setback for an Existing Site prescribed by Subsection 6.2.2C, such property owner shall be
658 deemed to have granted the Operator a waiver in satisfaction of paragraph (1) requirements
Exhibit B —Subchapter 6 Amendments
659 above for that property containing the Protected Use or constituting the Residential Subdivision.
660 This waiver shall apply to all successor property owners. This does not relieve an Operator from
661 obtaining waiver(s) from all other property owners located within the Drilling and Production
662 Site Setback for the Existing Site.
663 3. The notice provisions of Subsection 6.3.713 apply to procedures under this subsection
664 (A).
665 B. Board of Adjustment Proceedings
666 1. The Board of Adjustment shall hear and decide appeals of orders, decisions, or
667 determinations made by the Gas Well Administrator relative to the application and
668 interpretation of this Section 6.2: Gas Well Development, except for vested rights appeals and
669 matters described in paragraph 6.3.8F: Permit Suspension or Revocation, furthermore, the
670 Board of Adjustment shall hear and decide requests for variances to the provisions of this
671 Section 6.2: Gas Well Development, under the relevant criteria set forth below. The Board may
672 also grant special exceptions extending the expiration date of a Gas Well Development Site Plan
673 or a Gas Well Permit for a period not to exceed one year. Any Operator, surface owner, or
674 affected property owner who desires to appeal the decision of the Gas Well Administrator or
675 Director, request a variance, or request a special exception may file the appeal or request to the
676 Board of Adjustment pursuant to Subsection 2.8.1: Variance of the DDC. Appeal fees shall be
677 required for every appeal, variance, or special exception request. For purposes of this Section,
678 the Gas Well Administrator has designated authority from the Director of Planning to make final
679 orders, decisions, or determinations.
680 a. Standard of review for appeals. The members of the Board of Adjustment shall
681 have and exercise the authority to hear and determine appeals where it is alleged there
682 is error or abuse of discretion regarding the approval or denial of a Gas Well
683 Development Site Plan or Gas Well Permit. The Board of Adjustment may reverse or
684 affirm, in whole or in part, or modify the Gas Well Administrator's order, requirement,
685 decision or determination from which an appeal is taken.
686 b. General criteria for review of variances. In deciding requests for variances, the
687 Board of Adjustment shall consider, where applicable, the following relevant criteria:
688 i. Whether there are special circumstances existing on the property on
689 which the application is made related to size, shape, area, topography,
690 surrounding conditions and location that do not apply generally to other
691 property in the vicinity;
692 ii. Whether a variance is necessary to permit the applicant the same rights
693 in the use of his property that are presently enjoyed by other similarly situated
694 properties, but which rights are denied to the property on which the application
695 is made;
696 iii. Whether the granting of the variance on the specific property will
697 adversely affect any other feature of the comprehensive master plan of the City;
Exhibit B —Subchapter 6 Amendments
698 iv. Whether the variance, if granted, will be of no material detriment to the
699 public welfare or injury to the use, enjoyment, or value of property in the
700 vicinity;
701 V. Whether the operations proposed are reasonable under the
702 circumstances and conditions prevailing in the vicinity considering the particular
703 location and the character of the improvements located there; and
704 vi. Whether the operations proposed are consistent with the health, safety
705 and welfare of the public when and if conducted in accordance with the Gas
706 Well Development Site Plan or Gas Well Permit conditions to be imposed.
707 2. Standard of Review for Setback Variances
708 a. In deciding requests for variances from Drilling and Production Site Setbacks,
709 the Board of Adjustment shall consider, where applicable and in addition to the general
710 criteria stated in paragraph (1.b) above, the following relevant criteria:
711 i. Whether there is reasonable access for City fire personnel and
712 firefighting equipment, including the ability to safely evacuate potentially
713 affected residents.
714
ii. The extent to which the Operator and the surface owner(s) are in
715
agreement on a plan for development of the property, have provided for
716
adequate access and traffic circulation, and taken measures to promote
717
compatibility of gas well development and other surface development of the
718
property.
719
iii. For a request by an Operator to reduce Drilling and Production Site
720
Setbacks, whether the impact upon adjacent property and the general public
721
from gas well development under the requested setback will be substantially
722
increased, considering:
723
a. The reasonable use of the mineral estate by the mineral estate
724
owner(s) to explore, develop, and produce the minerals;
725
b. The availability of alternative drilling sites; and
726
C. The number of owners of Protected Uses or lots in a Residential
727
Subdivision who are willing to waive the Drilling and Production Site
728
Setback as requested or in modified form.
729
b. In deciding the request for a variance from setback requirements, the Board
730
may approve the request as granted, modify the request, or deny the request. In
731
granting a variance for reduction of a Drilling and Production Site Setback, the Board
732
may impose such conditions as are necessary to mitigate the impacts of the reduced
733
setbacks and to preserve the public health and safety, including but not limited to, the
734
enhanced mitigation standards contained in Subsection 6.3.2G.
Exhibit B —Subchapter 6 Amendments
735 C. In deciding requests by a property owner or developer of a Protected Use or
736 residential lot for a variance from Reverse Setbacks that do not meet the requirements
737 for administrative alternative site design approval as described in Subsection 6.2.6.C,
738 the Board of Adjustment shall consider, where applicable and in addition to, the general
739 criteria stated in Section 6.2.6.B.1.b, the following relevant criteria:
740 i. The reasonable use of the surface of the subject property by the property
741 owner or developer;
742 ii. The availability of alternative site designs or subdivision layouts; and
743 iii. Compatibility with any existing Gas Well Development Site Plan or Gas Well
744 Plat.
745 d. In no event shall the Board of Adjustment reduce the Minimum Setbacks set
746 forth in Subsection 6.2.2.
747 3. The Board of Adjustment shall determine whether to grant an extension of the
748 expiration for a Gas Well Development Site Plan or Gas Well Permit based upon whether there
749 are circumstances reasonably beyond the control of the Operator, including any delay on the
750 part of the City in issuing subsequent permits, that justify an extension of the Site Plan or
751 Permits, in order that the Operator may enjoy the same rights in the use of the property that are
752 presently enjoyed by other similarly situated properties, but which rights are denied to the
753 property for which the Site Plan or Permits have expired or are suspended.
754 4. Any action under this subsection B shall require a three-fourths majority vote of the
755 entire Board of Adjustment.
756 5. Any Operator or other person aggrieved by any decision of the Board of Adjustment
757 may present to a court of record a petition, duly verified, stating that such decision is illegal, in
758 whole or in part, and specifying the grounds of the alleged illegality. Such petition shall be
759 presented within 10 days after the date on which the decision of the Board of Adjustment was
760 rendered and not thereafter, and judicial review of the petition shall be pursuant to TLGC, §
761 211.011, as amended.
762 C. Administrative Relief Procedures
763 1. Drilling and Production Site Setbacks. An Operator may request administrative relief to the
764 Drilling and Production Site Setback requirements of Subsection 6.2.2 for a New or Existing Site
765 from the Gas Well Administrator under the following circumstances:
766 a. The Operator has at least one Existing Site on the property under mineral lease
767 for the property or for contiguous leased property;
768 b. Such Existing Site(s) is located closer to Protected Uses or Residential
769 Subdivisions than is the proposed Drilling and Production Site to such uses; and
Exhibit B —Subchapter 6 Amendments
770 C. The Operator agrees in a written instrument capable of recording to limit gas
771 well development on such Existing Site(s) to existing Gas Well Drilling and Production
772 Activities.
773 For each Existing Site so restricted, the Gas Well Administrator may reduce the Drilling and
774 Production Site Setback by an amount calculated as follows: 50 percent of the difference
775 between the Drilling and Production Site Setback and the Minimum Setback. As a condition of
776 granting the administrative variance, the Gas Well Administrator shall require that the
777 Operator's written agreement be recorded in the Denton County records at the Operator's
778 expense.
779 2. Reverse Gas Well Setbacks. The Director may grant administrative relief from the Reverse
780 Setback requirements of Section 6.2.2 upon application of the owner of a Protected Use or
781 residential lot where (i) the property owner has utilized all applicable options for alternative site
782 designs and DDC flexibility provisions to maximize buildable area and (ii) fifty percent (50%) or
783 more of the subject property is encumbered by the Reverse Gas Well Setback.
784 In applying alternative site designs to a subject property under this section:
785
i. For a residential subdivision, the standards for Cluster Developments in
786
Subsection 8.3.4 may be applied without having to meet the minimum parcel
787
size of 5 acres as stated in 8.3.413.2 and without requiring approval of a Planned
788
Development (PD) in accordance with 8.3.4C.1. Plats for cluster subdivisions
789
shall require approval by the Planning and Zoning Commission in accordance
790
with the applicable procedures in Subchapter 2.
791
ii. For all other Protected Uses, the applicable maximum building height and
792
maximum building coverage may be increased by 20%, and the minimum unit
793
size and minimum required number of parking spaces may be reduced by 20%.
794 D. Vested Rights Appeals
795 Any person who claims that he has obtained a vested right pursuant to TLGC, Chapter 245, or other
796 applicable vesting law under prior gas well development regulations from the requirements of Section
797 6.2: Gas Well Development and Section 6.3: Gas Well Drilling and Production, as they pertain to gas well
798 development, may request a determination pursuant to Subsection 2.5.6: Vested Rights. For proposed
799 gas wells to be located inside the City limits, the petitioner shall include a statement of the reasons why
800 the regulations contained in Section 6.3: Gas Well Drilling and Production or Section 6.2: Gas Well
801 Development, as they pertain to Gas Well Development are not exempt pursuant to TLGC section
802 245.004.
803 6.3 Gas Well Drilling and Production
804 6.3.1 Definitions
805 For the purpose of this Subchapter 6: Gas Wells, certain words and terms shall be defined and
806 interpreted as follows. Interpretations of meaning shall be made by the Director of Planning and
807 Development based on the provisions of Subsection 2.8.6, Interpretations. Appeals of staff
Exhibit B —Subchapter 6 Amendments
808 interpretations of this Subchapter shall be heard as a Board of Adjustment proceeding in accordance
809 with Subsection 2.8.1: Variance.
810 As -Built Gas Well Development Site Plan
811 A Gas Well Development Site Plan depicting the boundaries of the subject Drilling and Production Site as
812 constructed.
813 Completion Operations
814 The term used to describe the events and equipment necessary to bring a wellbore into production once
815 drilling operations have been concluded, including, but not limited to, well stimulation activities, the
816 assembly of downhole tubular, or installing equipment in the well to allow a safe and controlled flow of
817 petroleum or hydro carbons from the well. This definition describes all events performed and
818 equipment used for completion of a well, whether performed the first time on a well or as subsequent
819 treatments to an existing well.
820 Compressor
821 A device that raises the pressure of natural gas.
822 Contaminant
823 Any substance capable of contaminating a non -related homogeneous material, fluid, gas or
824 environment.
825 Cure Period
826 The amount of time granted to remedy a violation of this Chapter.
827 Daytime
828 The hours between 7:00 a.m. and 7:00 p.m. CST on any given day.
829 Drilling
830 Term used to typically describe the means by which the earth is bored to create a pathway to
831 formations containing hydrocarbons to allow for their production to the surface. It can employ various
832 types of mobilized drilling equipment to create a wellbore while incorporating drilling fluids to cool the
833 bit, to condition the hole, to remove drilled cuttings and to maintain an overbalanced pressure gradient
834 against the formation that may contain inherently pressurized well fluids.
835 Drilling Activities
836 Those activities commonly performed at a Drilling and Production Site necessary or incidental to getting
837 hydrocarbons to market; including but not limited to a well redrill or any hydraulic refracturing, initial
838 drilling and completion operations, but not including Production Activities.
839 Drilling and Production Site
840 The area dedicated to all authorized above ground gas well drilling and production activities related to
841 an oil and gas operation on an improved area and containing all wells, structures, dehydrators, parking
Exhibit B —Subchapter 6 Amendments
842 areas, security cameras, lighting, tanks, tank battery (or any other tank grouping area), drilling rigs,
843 separators, lift compressors, perimeter walls, utilities, and all other features or objects used during and
844 after gas well drilling or production activities, as depicted on a Gas Well Development Plat or Gas Well
845 Development Site Plan, but excluding pits, gathering and transmission lines and compressor stations.
846 Drilling and Production Site includes the terms gas well park, gas well pad site, pad site, and drilling and
847 production area.
848 Drilling and Production Site Setback
849 The distance that the site must be separated by an Operator from an existing Protected Use or from a
850 Residential Subdivision.
851 Existing Drilling and Production Site or Existing Site
852 A Drilling and Production Site that was specifically depicted and approved on a Gas Well Development
853 Site Plan, or a gas well development plat, prior to August 18, 2015, and on which one or more gas wells
854 exist. Where the boundaries of such site have not been defined by metes and bounds or lot/block
855 description on an approved gas well development plat, this term describes the improved surface area
856 incorporating all facilities and appurtenances currently contained on the developed Drilling and
857 Production Site. An Existing Site also includes a Drilling and Production Site designated in a MPC or PD
858 District, and approved via a site-specific authorization, whether or not one or more wells exist on the
859 site, provided that the site-specific authorization includes a metes and bounds description or a metes
860 and bounds description is provided within three months of this amendatory ordinance.
861 Existing Gas Well Development Site Plan
862 A Gas Well Development Site Plan that was approved by the City after August 4, 2010 that established
863 setback boundaries and identified a specific number of wells to be constructed on the subject Drilling
864 and Production Site.
865 Exploration
866 Geologic or geophysical activities, including, but not limited to surveying and seismic exploration,
867 related to the search for oil, gas, or other sub -surface hydrocarbons.
868 Floodplain
869 See Subchapter 9: Definitions, for definition.
870 Flood Fringe
871 See Subchapter 9: Definitions, for definition.
872 Floodway
873 See Subchapter 9: Definitions, for definition.
874 Flowback
Exhibit B —Subchapter 6 Amendments
875 The process of allowing fluids to flow from a well following a treatment, either in preparation for a
876 subsequent phase of treatment or in preparation for cleanup and returning the well to production. The
877 flowback period occurs as a stage within Completion Operations.
878 Freshwater Well
879 A private water well used by a Protected Use.
880 Gas
881 A naturally -occurring gaseous substance, including substances primarily composed of methane and
882 other light, gaseous hydrocarbons.
883 Gas Processing Plant
884 A facility, separate and distinct from a Drilling and Production Site, engaged in the extraction of natural
885 gas liquids from field natural gas, or the fractionation of mixed natural gas liquids to natural gas
886 products, or a combination of both.
887 Gas Well
888 A hole or bore drilled to any horizon, formation, or strata for the purpose of producing or storing natural
889 gas, or other liquid hydrocarbons.
890 Gas Well Administrator
891 The administrative official designated by the City of Denton that is responsible for evaluating the
892 impacts of exploration, development, and production of oil and/or gas wells. Responsibilities include
893 environmentally sensitive areas review, erosion control inspection, monitoring, and evaluating
894 compliance with federal, state, and local regulations.
895 Gas Well Development
896 Any drilling activity or production activity performed on an approved Drilling and Production Site.
897 Gas Well Development Site Plan
898 The initial approval authorizing wells to be drilled at one Drilling and Production Site that sets the
899 boundaries used for setback measurements and contains all the information required by this Subchapter
900 6: Gas Wells.
901 Gas Well Drilling and Production Activities
902 (A/K/A drilling and production activity(ies), drilling and production) As used in this Chapter, gas well
903 drilling and production activities encompasses all three of the following: Initial Drilling Activities,
904 Completion Operations and Production Activities.
905 Gas Well Permit
906 A written license that is granted by the City of Denton pursuant to Subsection 6.2.5: Gas Well Permits. A
907 Gas Well Permit is required for each separate well. The term "gas well permit" in lower case letters
908 refers to a permit approved by the City of Denton under gas well regulations in effect prior to the
Exhibit B —Subchapter 6 Amendments
909 effective date of this amendatory ordinance, as the context may indicate, which authorized drilling and
910 production activities on a gas well existing on such effective date.
911 Habitable Structure
912 Structures suitable for human habitation or occupation for which a Certificate of Occupancy or Final
913 Inspection Certificate is required, including but not limited to, public buildings and enclosed buildings
914 used for commercial or industrial purposes. A habitable structure shall not include accessory buildings,
915 barns, garages and sheds.
916 Hazardous Materials Management Plan
917 The hazardous materials management plan and hazardous materials inventory statements required by
918 the Fire Code.
919 Hydraulic Fracturing
920 A well stimulant treatment that involves the process of directing pressurized fluids containing any
921 combination of water, propellant, and any added chemicals to penetrate tight formations, such as shale
922 or coal formations, that subsequently require high rate, extended flowback to expel fracture fluids and
923 solids during completions. Hydraulic Fracturing occurs as a stage within Completion Operations.
924 Initial Drilling Activities
925 The portion of the Drilling Activities that includes the means by which a portion of the earth is originally
926 bored in order to create a pathway to formations containing hydrocarbons to allow for their production
927 to the surface.
928 Lightning Protection System
929 An integrated system designed to ground metal equipment on a rig, well pad or at a tank battery
930 location for protection against electrical shock, fire or explosion due to lightning.
931 Liner
932 In pit construction, a liner is an impervious material, either synthetic or natural, that is used to line the
933 interior of a pit to prevent pit fluids from leaking or leaching into the environment.
934 Minimum Reverse Setback
935 The minimum distance a Protected Use or residential lot must be separated by a surface owner from an
936 approved Drilling and Production Site or from a gas well within such site after administrative relief or a
937 variance is granted to reduce the reverse setback requirement.
938 Minimum Setback
939 The minimum distance a Drilling and Production Site must be separated by an Operator from a
940 Protected Use or from a Residential Subdivision after a waiver or variance is granted to reduce the
941 setback requirement.
942 New Drilling and Production Site or New Site
Exhibit B —Subchapter 6 Amendments
943 A proposed Drilling and Production Site that is other than an Existing Site.
944 Operator
945 The person(s) in charge and in control of drilling, maintaining, operating, pumping, or controlling any
946 well or pipeline including without limitation, a unit Operator.
947 Plugging and Abandonment
948 Includes the plugging of the well, abandoned, orphaned or otherwise, in accordance with RRC Statewide
949 Rule 3.14 or its successor regulation and restoration of the Drilling and Production Site as required by
950 the RRC.
951 Production Activities (A/K/A Production)
952 The phase that occurs after Exploration, Initial Drilling Activities and Completion Operations and during
953 which time hydrocarbons are stored or drained from an underground reservoir involving operations
954 performed on a Drilling and Production Site, excluding those operations and facilities as defined and
955 regulated by the Pipeline Safety Act of 1994, 49 U.S.C. §§ 60101-60137.
956 Protected Use
957 Any dwelling, church, public park, public library, hospital, pre -kindergarten, kindergarten or elementary,
958 middle or high school, public pool, public transit center, senior center, public recreation center, hotel or
959 motel.
960 Railroad Commission (RRC)
961 The Railroad Commission of Texas.
962 Redrill
963 Any work to an existing well bore or an existing surface hole location after Initial Drilling Activities that
964 requires a new permit from the Texas Railroad Commission. This definition includes, but is not limited
965 to, drilling into a new horizon or drilling multiple directionals from the same surface hole location or
966 using the same vertical wellbore.
967 Residential Subdivision
968 A subdivision designated for residential use for two or more dwellings.
969 Reverse Setback
970 The distance that a Protected Use or residential lot must be separated by a surface owner from an
971 approved Drilling and Production Site or from a gas well within such site.
972 Site Access Road
973 The route depicted and approved on the Gas Well Development Site Plan or Gas Well Development Plat
974 that identifies the ingress and egress point used to access the Drilling and Production Site from an
975 existing City, County, or State maintained roadway.
976 Site Preparation
Exhibit B —Subchapter 6 Amendments
977 To ready a Drilling and Protection Site for Initial Drilling Activities by installing erosion and sediment
978 control practices, performing clearing and grading activities of the Drilling and Production Site or Site
979 Access Road.
980 Site-specific Authorization
981 The prior approval by ordinance of the City Council, of one or more specifically located and defined gas
982 well site locations, subject to further site design, development, regulatory and permitting requirements,
983 as set forth in this DDC or as specified within the site approval ordinance (or both), as applicable.
984 Spud
985 The start of the well drilling process by removing rock, dirt, or other sedimentary material with the drill
986 bit.
987 Tank
988 Any storage vessel that contains an accumulation of crude oil, condensate, intermediate hydrocarbon
989 liquids, or produced water; is constructed primarily of non -earthen materials (such as wood, concrete,
990 metal, fiberglass, steel or plastic) which provide structural support; is not skid -mounted or permanently
991 attached to something that is mobile; and is intended to be located at the Drilling and Production Site
992 for more than 90 consecutive days.
993 Well Stimulation
994 A treatment performed to restore or enhance the productivity of a well by opening new channels in the
995 rock for the oil and gas to flow through; including, but not limited to fracturing, hydraulic or otherwise,
996 injection of acid, or the use of charges to break up the rock.
997 Workover Operation
998 Work performed on a well after its initial completion to secure production where there has been none,
999 to restore production that has ceased, or to enhance or increase production within the zone originally
1000 completed or to repair the well. Workover operations do not include redrills or completion activities.
1001 6.3.2 Standards for Gas Well Drilling and Production
1002 The drilling and production of gas wells within the City limits shall be subject to the following standards.
1003 A. Prohibited or Restricted Locations, Uses and Activities
1004 1. No gas well Drilling and Production Sites shall be allowed on slopes greater than 10
1005 percent.
1006 2. No Drilling and Production Site shall be located within any of the streets or alleys of the
1007 City or streets or alleys shown by the current Comprehensive Plan of the City of Denton. No
1008 street shall be blocked or encumbered or closed due to any exploration, drilling, or production
1009 activities unless prior consent is obtained from the City Manager, and then only temporarily.
1010 3. Nothing in this Section is intended to prevent an Operator from drilling directionally to
1011 reach a target or bottom hole that is located beneath a prohibited or restricted site. Gas wells
Exhibit B —Subchapter 6 Amendments
1012 may have a target location or bottom -hole location that is under the floodway, an ESA or within
1013 1,200 feet of the flood pool elevation of Lake Ray Roberts or Lake Lewisville when the gas well is
1014 drilled directionally from a location outside such areas.
1015
4. No refining process, or any process for the extraction of products from gas, shall be
1016
carried on at a Drilling and Production Site, except that a dehydrator and separator, in
1017
accordance with federal and/or state law, may be maintained on a Drilling and Production Site
1018
for the separation of liquids from gas. Any such dehydrator or separator may serve more than
1019
one well. Gas Processing Facilities shall require a Specific Use Permit.
1020
5. No person shall place, deposit, or discharge (or cause or allow to be placed, deposited,
1021
or discharged) any oil, naphtha, petroleum, diesel, gasoline, asphalt, tar, hydrocarbon
1022
substance, or any refuse, including wastewater or brine, from any gas operation or the contents
1023
of any container used in connection with any gas operation in, into, or upon any public right -of -
1024
way, storm drain, ditch or sewer, sanitary drain or sewer, any body of water, or any private
1025
property within the corporate limits of the City of Denton.
1026
6. No Operator shall excavate or construct any lines for the conveyance of fuel, water, or
1027
minerals on, under, or through the streets or alleys or other land of the City without an
1028
easement or right-of-way license from the City, at a price to be agreed upon, and then only in
1029
strict compliance with this Subchapter 6: Gas Wells, with other ordinances of the City, and with
1030
the specifications established by the Engineering Department.
1031
7. The digging up, breaking, excavating, tunneling, undermining, breaking up, or damaging
1032
of any public street or leaving upon any public street any earth or other materials is prohibited.
1033
Construction activities or deposition of any materials or objects creating an obstruction within
1034
public rights-of-way or easements are prohibited unless the Operator has first obtained written
1035
approval from the Engineering Department and, if applicable, has filed a right-of-way use
1036
agreement, and then only if in compliance with specifications established by the Department.
1037 B. Site Layout, Design, and Compatibility Requirements
1038 The following requirements apply only within City limits.
1039 1. Entrance Gate
1040 An entrance gate to the Drilling and Production Site shall be required and a sign identifying the
1041 entrance to the Drilling and Production Site or operation site shall be light reflective.
1042
2. Fencing, Screening and Landscaping
1043
a. Fencing, buffering, landscaping and screening shall be required on Drilling and
1044
Production Sites. All required fencing, landscaping, buffering and screening must be
1045
installed in accordance with the approved Landscape Plan within 180 days after initial
1046
drilling of the first approved well. Landscaping and screening shall also be required for
1047
Compressors. Landscaping and screening shall comply with the same requirements for
1048
Drilling and Production Sites as set forth in this Subchapter 6: Gas Wells, and in the DDC.
1049
Should the Operator decide to fence in gathering and transmission lines or compressor
Exhibit B —Subchapter 6 Amendments
1050 stations, or both, Operator shall install the fencing in accordance with Subchapter 7:
1051 Development Standards.
1052
i. All Drilling and Production Sites in Residential Districts shall be screened
1053
with an opaque decorative masonry fence that shall be no less than eight feet in
1054
height.
1055
ii. In lieu of this requirement, an alternative fence that is compatible with
1056
the area surrounding the Drilling and Production Site may be approved by the
1057
Director of Planning and Development.
1058 iii. Required fencing must be located within 300 feet of all equipment
1059 necessitating fencing requirements under this Subchapter 6: Gas Wells.
1060
b. Fencing in all other districts shall be screened with a fence at least eight feet in
1061
height that is compatible with the area surrounding the Drilling and Production Site.
1062
Required fencing must be located within 300 feet of all equipment necessitating fencing
1063
requirements under this Subchapter 6: Gas Wells.
1064
3. Signage
1065
a. A sign shall be immediately and prominently displayed on each side of the fence
1066
that surrounds the Drilling and Production Site. Such sign shall be made of durable
1067
material and shall be maintained in good condition. The sign shall have a surface area of
1068
not less than 2 %2 feet by 2 % feet or more than 4 by 4 feet and shall be lettered in
1069
minimum four -inch lettering and shall include the following information:
1070
"THIS IS A GAS WELL DRILLING AND PRODUCTION SITE. THIS SITE MAY BE THE SUBJECT
1071
OF FURTHER DRILLING AND PRODUCTION AND/OR HYDRAULIC FRACTURING."
1072
b. Additional signs shall be posted on each Drilling and Production Site which
1073
contain the following information:
1074
i. The Well Identification Number(s), American Petroleum Institute well
1075
number(s) and any other well designation(s) required by the RRC;
1076
ii. Name of Operator;
1077
iii. Operator's telephone number which will be answered 24 hours a day by
1078
a live, in-person, non -automated response system so as to ensure that in cases
1079
of emergency the Operator is made immediately aware;
1080
iv. Operator's business mailing address;
1081
V. Address of Drilling and Production Site;
1082
vi. The number for emergency services (911);
1083
vii. The telephone number of the City's Gas Well Division for citizens to call
1084
with questions, concerns or complaints;
Exhibit B —Subchapter 6 Amendments
1085
viii. The telephone number of the TCEQ's Regional Office where air quality
1086
complaints may be reported; and
1087
ix. Any additional information required by RRC.
1088
C. A permanent weatherproof sign shall be posted on each Drilling and Production
1089
Site reading "DANGER NO SMOKING ALLOWED," in both English and Spanish, at the
1090
entrance of each Drilling and Production Site or in any other location approved or
1091
designated by the Fire Marshal. Sign lettering shall be four inches in height and shall be
1092
red on white background or white on red background. Each sign shall include the
1093
emergency notification numbers of the City Fire Department and the Operator, well and
1094
lease designations required by the RRC.
1095
4. Painting
1096
All installed, mounted, and/or permanent equipment on Drilling and Production Sites shall be
1097
coated, painted, and maintained at all times, including the wellhead, gas processing units,
1098
pumping units, storage tanks, above -ground pipeline appurtenances, buildings, and structures,
1099
in accordance with applicable guidelines adopted by The Society for Protective Coatings (SSPC).
1100
In addition, the following standards are applicable:
1101
a. Protective coatings and paints shall comply with any applicable State or City
1102
requirements. In absence of any such requirement, protective coatings and paints shall
1103
be of a neutral color that is compatible with the surrounding environment.
1104
b. All exposed surfaces of the identified equipment must be coated and painted,
1105
and free from rust, blisters, stains, or other defects.
1106
5. Electric Lines
1107
All electric lines to permanent production facilities shall be located in a manner compatible to
1108
those already installed in the surrounding areas or subdivision.
1109
6. Lift Compressor Location
1110
Any lift compressor which is installed within an approved Drilling and Production Site shall be
1111
located at least 24 feet from the outer boundary of the site.
1112
7. Storage Tanks and Separators
1113
a. An Operator is allowed to construct, use, and operate such storage equipment
1114
and separation equipment as shown on the approved Gas Well Development Site Plan,
1115
except that permanent storage equipment and separation equipment may not exceed
1116
eight (8) feet in height.
1117
b. The use of centralized tank batteries is permitted if shown and approved by the
1118
applicable Gas Well Development Site Plan.
1119
8. Trash Removal
Exhibit B —Subchapter 6 Amendments
1120 Any rubbish or debris that might constitute a fire hazard shall be promptly removed from the
1121 Drilling and Production Site.
1122 9. Debris
1123 The Drilling and Production Site and site access road shall at all times be kept free of debris,
1124 pools of water or other liquids, contaminated soil, weeds, brush, trash or other waste material.
1125 C. Site Development Standards
1126 1. Water Conservation Plan
1127 In cases where the City activates its drought contingency plan, each Operator must submit to
1128 the City a water conservation plan for uses of water. The plan must provide information in
1129 response to each of the following elements.
1130 a. A description of the use of the water in the production process, including how
1131 the water is diverted and transported from the source(s) of supply, how the water is
1132 utilized in the production process, and the estimated quantity of water consumed in the
1133 production process and therefore unavailable for reuse, discharge, or other means of
1134 disposal;
1135 b. If long-term, five to 10 years, water storage is anticipated, quantified five-year
1136 and 10 -year targets for water savings and the basis for the development of such goals;
1137 C. A description of the device(s) and/or method(s) within an accuracy of plus or
1138 minus five percent to be used in order to measure and account for the amount of water
1139 diverted from the source of supply;
1140 d. Leak -detection, repair, and accounting for water loss in the water distribution
1141 system;
1142 e. Application of state-of-the-art equipment and/or process modifications to
1143 improve water use efficiency; and
1144 f. Any other water conservation practice, method, or technique which the user
1145 shows to be appropriate for achieving the stated goal or goals of the water conservation
1146 plan.
1147 2. Erosion and Sediment Controls
1148 Erosion and sediment control practices shall be conducted for all gas wells. The Operator shall
1149 comply with the Erosion and Sediment Control Plan as approved by the City.
1150 3. Site Access Restriction
1151 Access to a Drilling and Production Site shall not be taken from Neighborhood Streets.
1152 D. Operations and Equipment Standards
1153 The following requirements apply only within City limits.
Exhibit B —Subchapter 6 Amendments
1154 1. Compliance with Federal and State Laws, Rules and Regulations
1155 The Operator shall at all times comply with the applicable federal and state laws, rules and
1156 regulations, and Field Rules, including but not limited to those addressing the following subjects:
1157
a. Vapor recovery equipment;
1158
b. Venting and flaring;
1159
C. Soil sampling;
1160
d. Pit design and use;
1161
e. Hydraulic fracturing;
1162
f. Plugging and abandonment of gas wells;
1163
g. Reclamation of Drilling and Production Sites;
1164
h. U.S. Army Corps of Engineers setback requirements from water bodies; and
1165
i. Surface casing procedures.
1166
2. Time of Fracturing
1167
Fracturing operations shall be scheduled to occur during daytime unless the Operator has
1168
notified the Gas Well Administrator that fracing will occur before or after daytime to meet
1169
safety requirements.
1170
3. Clean-up After Completion
1171
After the well has been completed the Operator shall clean and repair all damage to public
1172
property caused by such operations within 30 days.
1173
4. Plugged and Abandoned Wells
1174
All wells shall be plugged and abandoned in accordance with the rules of the RRC. In addition,
1175
the Operator shall:
1176
a. Submit a copy of its RRC Form W -3A (Notice of Intention to Plug and Abandon)
1177
and Form W-3 (Plugging Record) to the Inspector within two business days of filing with
1178
the RRC;
1179
b. Notify the Gas Well Administrator of the intention to plug and abandon a well at
1180
least 24 hours prior to commencing activities; and
1181
C. Submit to the Gas Well Administrator the surface hole locations in an
1182
acceptable Geographic Information System (GIS) format to accurately map and track
1183
well locations. The GIS data may be submitted with an initial Gas Well Permit application
1184
or with the annual administrative report. Submission of GIS location data is only
1185
required once.
1186 E. Fire Safety and Emergency Response Requirements
Exhibit B —Subchapter 6 Amendments
1187 The provisions of this section shall apply within the corporate limits of the City of Denton.
1188 1. State, Federal, and Local Compliance
1189 The drilling and production of gas and accessing the Drilling and Production Site shall be in
1190 compliance with all state, federal and local safety regulations.
1191
2. Gathering Lines
1192
a. Each Operator shall place a pipeline marker sign at each point where a flow line
1193
or gathering line crosses a public street or road.
1194
b. Each Operator shall place a warning sign for lines carrying H2S (Hydrogen
1195
Sulfide) gas as required by the Railroad Commission.
1196
C. All flow lines and gathering lines within the corporate limits of the City
1197
(excluding City utility lines and franchise distribution systems) that are used to transport
1198
oil, gas, and/or water shall be limited to the maximum allowable operating pressure
1199
applicable to the pipes installed and shall be installed with at least the minimum cover
1200
or backfill specified by the American National Safety Institute Code, as amended.
1201
3. Operating Pressure
1202
Each well shall be equipped with an automated valve that closes the well in the event of an
1203
abnormal change in operating pressure. All wellheads shall contain an emergency shut off valve
1204
to the well distribution line.
1205
4. Control Device
1206
Each storage tank shall be equipped with a level control device that will automatically activate a
1207
valve to close the well in the event of excess liquid accumulation in the tank.
1208
5. Storage Tanks
1209
Each storage tank requires a permit by the Fire Department and shall meet the requirements of
1210
the Fire Code.
1211
6. Outdoor Storage Areas
1212 Outside storage areas shall be equipped with a secondary containment system designed to
1213 contain a spill from the largest individual vessel. If the area is open to rainfall, secondary
1214 containment shall be designed to include the volume of a 24-hour rainfall as determined by a
1215 25 -year storm and provisions shall be made to drain accumulations of ground water and rainfall.
1216 7. Lightning System
1217 Drilling and Production Sites shall be equipped with a lightning protection system, in accordance
1218 with the City's Fire Code and the National Fire Association's NFPA-780. In addition, tank battery
1219 facilities shall be equipped with a lightning arrestor system.
1220 8. Remote Foam Line
Exhibit B —Subchapter 6 Amendments
1221 Drilling and Production Sites shall be equipped with a remote foam line that meets the
1222 requirements of NFPA-11.
1223
9. Hazardous Materials Management Plan
1224
An Operator shall prepare and provide to the Fire Marshal a Hazardous Materials Management
1225
Plan. Any updates or changes to this plan shall be provided to the Fire Marshal within three
1226
business days of the change. All chemicals and/or hazardous materials shall be stored in such a
1227
manner as to prevent, contain, and facilitate rapid remediation and cleanup of any accidental
1228
spill, leak, or discharge of a hazardous material. Operator shall have all material safety data
1229
sheets (MSDSs) for all hazardous materials on-site. All applicable federal and state regulatory
1230
requirements for the proper labeling of containers shall be followed. Appropriate pollution
1231
prevention actions shall be required and include, but are not limited to, chemical and materials
1232
raised from the ground (e.g., wooden pallets), bulk storage, installation and maintenance of
1233
secondary containment systems, and protection from stormwater and weather elements.
1234
10. Emergency Response Plan
1235
An Operator shall prepare and provide to the Fire Marshal an Emergency Response Plan which
1236
includes the following information: (i) a detailed site plan showing the location of the access
1237
road, all buildings and structures, well head, tank batteries, above ground pipe and underground
1238
transmission pipe; (ii) a list of all on-site safety features, equipment and its location; (iii) the
1239
name, address and a twenty -four-hour, in-person response, phone number of the Operator to
1240
be notified in case of emergency; and (iv) the name, phone number and address of the surface
1241
property owner. The Emergency Response Plan should describe the personnel, procedures and
1242
equipment that the Operator has available for responding to any irregular release or a
1243
threatened release of materials on the site. The Emergency Response Plan may be included in
1244
the Hazardous Materials Management Plan.
1245
11. Testing/Record Keeping
1246
Operator shall perform periodic testing to verify that all equipment is operating properly.
1247
Maintenance and testing shall be under the supervision of a responsible person who shall
1248
ensure that such maintenance and testing are conducted in accordance with the manufacture's
1249
specifications. Test and inspection records must be available to the Fire Marshal or Gas Well
1250
Administrator for review upon request.
1251
12. Access by Emergency Vehicles
1252
All Drilling and Production Sites will be designed to provide road access for emergency vehicles
1253
in accordance with the provisions of the Fire Code. All access roads for fire apparatus must be
1254
unobstructed and be at least 20 feet in width, or shall have a design determined by the Fire
1255
Marshall as functionally equivalent to this standard. In addition, all access roads shall have an
1256
all-weather surface as provided for in the Fire Code. All dead ends and turning radii shall meet
1257
adopted Fire Code standards.
1258
13. Pit Fencing
Exhibit B —Subchapter 6 Amendments
1259 For safety reasons, fencing shall be installed to restrict access to a reserve pit or other type of
1260 open pit containing a synthetic liner and used in gas well drilling operation at a Drilling and
1261 Production Site within the corporate limits of the City.
1262 14. Catchment Basins
1263 Drip pans, catchment basins and other secondary containment devices or oil absorbing
1264 materials shall be placed or installed underneath all tanks, containers, pumps, lubricating oil
1265 systems, engines, fuel and chemical storage tanks, system valves, connections, and any other
1266 areas or structures that could potentially leak, discharge, or otherwise spill hazardous or solid
1267 materials.
1268 15. Clean-up Operations
1269 After any spill, leak or discharge, the Operator shall remove or cause to be removed all
1270 contamination and associated waste materials. Clean-up operations shall begin immediately.
1271
16. Immediate Notification
1272
Upon the occurrence of a fire, blowout, release of hazardous materials, injury or other incident
1273
outside normal operating events, the Operator will immediately notify the Fire Department and
1274
a representative of the Operator will be on-site within 60 minutes to assist the City's Emergency
1275
Response Team and provide any information necessary regarding the site. The Operator shall
1276
also, at its own expense, contact and deploy any well containment specialists or other specialists
1277
necessary to contain and suppress the emergency situation.
1278
17. Storage
1279
No pit shall be used or maintained for storage of oil or oil products or oil field fluids, or for
1280
storage or disposal of oil and gas wastes.
1281 F.
Nuisance Prevention and Impact Mitigation Standards
1282
1. Nuisances
1283
Adequate nuisance prevention measures shall be taken to prevent or control offensive odor,
1284
fumes, dust and vibration. All drilling and production operations shall be conducted in such a
1285
manner as to minimize, so far as practicable, dust, vibration or noxious odors, and shall be in
1286
accordance with the best accepted practices incident to drilling for the production of gas and
1287
other hydrocarbon substances in urban areas. All equipment used shall be constructed and
1288
operated so that vibrations, dust, odor or other harmful or annoying substances or effects are
1289
minimized by the operations carried on at any drilling or production site or from anything
1290
incident thereto to avoid injury to or annoyance of persons living in the vicinity. The site or
1291
structures shall not be permitted to become dilapidated, unsightly or unsafe. Proven
1292
technological improvements in industry standards of drilling and production in this area shall be
1293
adopted as they become available if capable of reducing factors of dust, vibration and odor.
1294
2. Sound Mitigation
Exhibit B —Subchapter 6 Amendments
1295
a. A noise management plan, prepared by a professional qualified in the area of
1296
noise mitigation, and approved by the Gas Well Administrator, detailing how the
1297
equipment used in the drilling, completion, transportation or production of a well
1298
complies with the maximum permissible noise levels of this section will be submitted
1299
with the Gas Well Site Plan Application. The noise management plan must:
1300
i. Identify operation noise impacts;
1301
ii. Provide documentation establishing the ambient noise level prior to
1302
construction of any wellhead, compressor or compression facility; and
1303 iii. Detail how the impacts will be mitigated. In determining noise
1304 mitigation, specific site characteristics shall be considered, including but not
1305 limited to the following:
1306
a. Nature and proximity of adjacent development, location and
1307
type;
1308
b. Seasonal and prevailing weather patterns, including wind
1309
directions;
1310
C. Vegetative cover on or adjacent to the site; and
1311
d. Topography.
1312
iv. The Operator shall be responsible for verifying compliance with this
1313
section and the noise management plan after the installation of the noise
1314
mitigation equipment.
1315
b. No well shall be drilled, re -drilled or any equipment operated at any location
1316
within the City in such a manner so as to create any noise, including low -frequency
1317
outdoor noise levels, which causes the exterior noise level when measured at the
1318
Protected Use receiver's/receptor's property line or from the closest exterior point of
1319
the Protected Use structure or inside the Protected Use structure if access to the
1320
property is granted by the receiver/receptor, that:
1321
i. Exceeds the ambient noise level by more than five decibels during
1322
daytime hours and more than three decibels during nighttime hours;
1323 ii. Exceeds the ambient noise level by more than 10 decibels over the
1324 daytime average ambient noise level during fracturing operations during
1325 daytime hours;
1326 iii. Exceeds the ambient noise level by more than three decibels during
1327 flowback operations during nighttime hours;
1328 iv. Creates pure tones where one-third octave band sound -pressure level in
1329 the band with the tone exceeds the arithmetic average of the sound -pressure
1330 levels of two contiguous one-third octave bands by five dB for center
1331 frequencies of 500 Hertz and above, and by eight dB for center frequencies
Exhibit B —Subchapter 6 Amendments
1332 between 160 and 400 Hertz, and by 15 dB for center frequencies less than or
1333 equal to 125 Hertz.
1334
C. The Operator shall be responsible for establishing and reporting to the City a
1335
continuous 72 -hour pre -drilling ambient noise level prior to the issuance of a Gas Well
1336
Permit. The 72 -hour time span shall include at least one 24-hour reading during either a
1337
Saturday or Sunday. The Operator shall use the prior established ambient noise level for
1338
the installation of any new noise generation equipment unless the Operator can
1339
demonstrate that the increase in the ambient noise level is not associated with drilling
1340
and production activities located either on or off-site.
1341
d. Adjustments to the noise standards as set forth above in subsections b(i), b(ii)
1342
and b(iii) of this section may be permitted intermittently in accordance with the
1343
following:
1344
Table 6.3 A: Adjustments to Noise Standards
Permitted Increase (dBa) Duration of Increase (minutes) [1]
10 5
15 5
20 Less than one
Notes:
[1] Cumulative minutes during any one hour.
1345
1346
e. All workover operations shall be restricted to daytime hours.
1347
f. The exterior noise level generated by the drilling, redrilling or other operations
1348
of all gas wells located within the applicable Drilling and Production Site Setback as set
1349
forth in Subsection 6.2.2 shall be continuously monitored, to ensure compliance. The
1350
cost of such monitoring shall be borne by the Operator. If a complaint is received by
1351
either the Operator or the gas inspector from any Protected Use the Operator shall,
1352
within 24 hours of notice of the complaint, continuously monitor for a 72 -hour period
1353
the exterior noise level generated by the drilling, redrilling or other operations to ensure
1354
compliance. At the request of the Gas Well Administrator, the Operator shall monitor
1355
the exterior noise level at the source of the complaint.
1356
g. Acoustical blankets, sound walls, mufflers or other alternative methods as
1357
approved by the Gas Well Administrator may be used to ensure compliance. All
1358
soundproofing shall comply with accepted industry standards.
1359
h. The sound level meter used in conducting noise evaluations shall meet the
1360
American National Standard Institute's Standard for sound meters or an instrument and
1361
the associated recording and analyzing equipment which will provide equivalent data.
1362
i. A citation may be immediately issued for failure to comply with the provisions
1363
of this section. However, if the Operator is in compliance with the approved noise
Exhibit B —Subchapter 6 Amendments
1364
management plan, and a violation still occurs, the Operator will be given 24 hours from
1365
notice of noncompliance to correct the violation from an identified source before a
1366
citation is issued. Additional extensions of the 24-hour period may be granted in the
1367
event that the source of the violation cannot be identified after reasonable diligence by
1368
the Operator.
1369
3. Lighting
1370
No Operator shall permit any lights located on any site to be directed in such a manner so that
1371
they shine directly on public roads, adjacent property or property in the general vicinity of the
1372
site. To the extent practicable, and taking into account safety considerations, site lighting shall
1373
be directed downward and internally so as to avoid glare on public roads and adjacent dwellings
1374
and buildings within 300 feet.
1375 G.
Enhanced Nuisance Mitigation Standards
1376
1. Enhanced Standards for Operators
1377 When an Operator, either by waiver procedure or variance, receives a reduction to the set -back
1378 requirements of Subsection 6.2.2 for a Drilling and Production Site, the Operator shall comply
1379 with the following Enhanced Nuisance Mitigation Standards for that site:
1380
a. Sound Mitigation
1381
The Drilling and Production Site shall be surrounded on all four sides with sound wall
1382
noise barriers that comply with accepted industry standards and are at least 30 feet in
1383
height during all Drilling Activities and Completion Operations and shall be removed by
1384
the Operator no later than 60 days after concluding the respective activity. In the
1385
alternative, if the Operator's noise management plan provides equally effective sound
1386
mitigation to the Protected Uses within 1,000 feet of the Drilling and Production Site
1387
boundary, then the Operator may follow the recommendations set forth in the noise
1388
management plan. If the Operator chooses the alternative, the Operator shall provide
1389
notice of its intent together with its Notice of Activities as required by Subsection
1390
6.3.7C.1.
1391
b. Production Monitoring
1392 Periodic evaluations will be conducted by the City for the Drilling and Production Site
1393 during production to determine if equipment is functioning as designed or may be
1394 producing fugitive emissions.
1395
i. A third party contractor may be retained by the City to perform such
1396
inspections, and cost of services and charges assessed by the third party
1397
contractor shall be borne by the Operator. Any third party contractor shall act at
1398
the City's direction and report directly to the City, and shall have the same
1399
authority as the Gas Well Administrator for purposes of inspections under this
1400
Section.
Exhibit B —Subchapter 6 Amendments
1401 ii. The City shall notify the Operator in writing, as well as to the state and
1402 federal regulatory agencies having jurisdictional authority, of any
1403 malfunctioning equipment producing fugitive emissions.
1404 iii. Quarterly reporting of the monitoring results to the City's Gas Well
1405 Administrator is required with all laboratory data sheets, field logs, data
1406 summaries, and actions taken in the previous quarter.
1407 iv. Upon showing documented compliance for a period of 12 months, the
1408 Operator shall thereafter employ best management practices to eliminate any
1409 emissions in violation of state and federal regulations.
1410 C. An Operator is exempt from the inspection requirements included in Subsection
1411 b. above, and any associated fees, on any well site equipped with an equivalent
1412 automated system that meets the following requirements and is approved by the
1413 Inspector.
1414 i. Any such alternative must include a screening for the presence of leaks,
1415 releases, or emissions, and other conditions that could identify potential
1416 malfunctions in the efficient operation of on-site equipment, such as the
1417 monitoring of line pressures and storage tank levels.
1418
ii. The automated system alternative shall include:
1419
a. A 24-hour remote alert system designed to notify appropriate
1420
personnel of excess storage tank levels or abnormal changes in line
1421
pressure; and
1422
b. An emergency automated shutdown of the well(s) when
1423
monitoring indicates irregular storage tank levels and functioning of
1424
valves. All emergency situations shall be immediately reported to the
1425
City via 911.
1426
iii. If malfunctions are identified, the point of concern shall be noted and a
1427
repair confirmation provided to the Gas Well Administrator. The repair
1428
confirmation shall include a statement indicating that the component is working
1429
within manufacturer and regulatory requirements.
1430
iv. Data shall be compiled over the life of the well(s) and available to the
1431
Gas Well Administrator for review.
1432 6.3.3 Indemnification and Insurance
1433 A. Indemnification and Express Negligence Provisions
1434 Each Gas Well Permit issued by the City shall include the following language:
1435
Exhibit B —Subchapter 6 Amendments
1436 OPERATOR DOES HEREBY EXPRESSLY RELEASE AND DISCHARGE ALL CLAIMS, DEMANDS, ACTIONS,
1437 JUDGMENTS, AND EXECUTIONS WHICH IT EVER HAD, OR NOW HAS OR MAY HAVE, OR ASSIGNS MAY
1438 HAVE, OR CLAIM TO HAVE, AGAINST THE CITY OF DENTON, AND/OR ITS DEPARTMENTS, AGENTS,
1439 OFFICERS, SERVANTS, SUCCESSORS, ASSIGNS, SPONSORS, VOLUNTEERS, OR EMPLOYEES (COLLECTIVELY
1440 REFERRED TO AS THE "INDEMNIFIED PARTIES"), RELATING TO OR ARISING OUT OF BODILY INJURY,
1441 KNOWN OR UNKNOWN, AND INJURY TO PROPERTY, REAL OR PERSONAL, OR IN ANY WAY INCIDENTAL
1442 TO OR IN CONNECTION WITH THE PERFORMANCE OF THE WORK PERFORMED BY THE OPERATOR
1443 UNDER A GAS WELL PERMIT. TO THE FULLEST EXTENT PERMITTED BY LAW, OPERATOR SHALL DEFEND,
1444 PROTECT, INDEMNIFY, AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST EACH
1445 AND EVERY CLAIM, DEMAND, OR CAUSE OF ACTION AND ANY AND ALL LIABILITY, DAMAGES,
1446 OBLIGATIONS, JUDGMENTS, LOSSES, FINES, PENALTIES, COSTS, FEES, AND EXPENSES INCURRED IN
1447 DEFENSE OF THE INDEMNIFIED PARTIES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY AND
1448 DEATH IN CONNECTION THEREWITH WHICH MAY BE MADE OR ASSERTED BY OPERATOR, ITS AGENTS,
1449 ASSIGNS, OR ANY THIRD PARTIES ON ACCOUNT OF, ARISING OUT OF, OR IN ANY WAY INCIDENTAL TO
1450 OR IN CONNECTION WITH THE PERFORMANCE OF THE WORK PERFORMED BY THE OPERATOR UNDER A
1451 GAS WELL PERMIT. THE OPERATOR AGREES TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED
1452 PARTIES FROM ANY LIABILITIES OR DAMAGES SUFFERED AS A RESULT OF CLAIMS, DEMANDS, COSTS, OR
1453 JUDGMENTS AGAINST THE INDEMNIFIED PARTIES RELATING TO OR ARISING OUT OF THE ACTS OR
1454 OMISSIONS OF THE INDEMNIFIED PARTIES OCCURRING ON THE DRILLING AND PRODUCTION SITE OR
1455 OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE GAS WELLS
1456 INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE
1457 SOLE NEGLIGENCE OF THE INDEMNIFIED PARTIES OCCURRING ON THE DRILLING AND PRODUCTION SITE
1458 IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE GAS WELLS. IT IS UNDERSTOOD AND
1459 AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE
1460 OPERATOR TO INDEMNIFY AND PROTECT THE INDEMNIFIED PARTIES FROM THE CONSEQUENCES OF
1461 THE NEGLIGENCE OF THE INDEMNIFIED PARTIES, WHETHER THAT NEGLIGENCE IS THE SOLE CAUSE OF
1462 THE RESULTANT INJURY, DEATH, AND/OR DAMAGE. LIABILITY FOR THE SOLE NEGLIGENCE OF THE CITY
1463 IN THE COURSE AND SCOPE OF ITS DUTY TO INSPECT AND PERMIT THE GAS WELL IS LIMITED TO THE
1464 MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT.
1465 B. Insurance
1466 1. General Requirements
1467 a. The Operator shall provide or cause to be provided the insurance described below for each well
1468 for which a Gas Well Permit is issued, and shall maintain such insurance until the well is abandoned and
1469 the site restored, except as otherwise required in this Section. The Operator may provide the required
1470 coverage for multiple wells on a "blanket basis." Such coverage shall be approved by the Risk Manager
1471 for the City of Denton.
1472 b. Prior to issuance of the Gas Well Permit, the Operator shall furnish the City with a certificate(s)
1473 of insurance, executed by a duly authorized representative of each insurer, showing compliance with the
1474 insurance requirements set forth in this Section. A copy of the endorsements or other policy provisions
1475 adding the City as an additional insured to the insurance policies, endorsements providing the City 30
1476 days' written notice of cancellation or material change in coverage, and all waivers of subrogation shall
1477 be attached to the certificate(s) of insurance. Upon request, certified copies of the insurance policies
Exhibit B —Subchapter 6 Amendments
1478 shall be furnished to the City. The City's acceptance of documents that do not reflect the required
1479 insurance, or the City's failure to request the required insurance documents, shall not constitute a
1480 waiver of the insurance requirements set forth in this Section.
1481 c. In the event any insurance required by this Section is cancelled, the Gas Well Permit shall be
1482 suspended on the date of cancellation and the Operator's right to operate under the Gas Well Permit
1483 shall immediately cease until the Operator obtains the required insurance.
1484 d. The Operator shall provide the City 30 days' written notice of any cancellation, non -renewal, or
1485 material change in policy terms or coverage, and the policies shall be endorsed to provide the City such
1486 notice.
1487 e. All insurance policies shall be written by an insurer authorized to do business in Texas and with
1488 companies with A: VIII or better rating in accordance with the current Best's Key Rating Guide, or with
1489 such other financially sound insurance carriers approved by the City.
1490 f. All insurance policies, with the exception of the workers compensation policy, shall be endorsed
1491 to name the City, its officials, employees, agents and volunteers as additional insureds on the policies.
1492 The additional insured coverage shall apply as primary insurance with respect to any other insurance or
1493 self-insurance programs maintained by the City, its officials, employees, agents and volunteers. A copy
1494 of each endorsement shall be provided to the City as evidence of coverage.
1495 g. All insurance policies shall be endorsed with a waiver of subrogation in favor of the City, its
1496 officials, employees, agents and volunteers. A copy of each endorsement shall be provided to the City.
1497 h. All insurance policies shall be written on an occurrence basis where commercially available.
1498 i. During the term of the Gas Well Permit, the Operator shall report, in a timely manner, to the
1499 Gas Well Division any known loss or occurrence which has caused, or may in the future cause, bodily
1500 injury or property damage.
1501 2. Required Insurance Coverages
1502 a. Commercial General Liability Insurance
1503 Operator shall maintain commercial general liability (CGL) insurance with a limit of not less than
1504 $1,000,000 each occurrence with a $2,000,000 aggregate. This insurance shall cover liability including,
1505 but not limited to, liability arising from premises, operations, blowout or explosion, products -completed
1506 operations, contractual liability, underground property damage, broad form property damage, and
1507 independent contractors. This insurance shall also include coverage for underground resources and
1508 equipment hazard damage. In addition to the additional insured requirements set forth above, the
1509 additional insured coverage provided to the City, its officials, employees, agents and volunteers shall
1510 include coverage for products -completed operations.
1511 b. Environmental Impairment (or Pollution Liability) Insurance
1512 Operator shall maintain environmental impairment or pollution liability insurance with a limit of not less
1513 than $5,000,000. Such coverage shall not exclude damage to the lease site. If coverage is written on a
1514 claims -made basis, the Operator shall maintain continuous coverage or purchase tail coverage for four
Exhibit B —Subchapter 6 Amendments
1515 years following the expiration or suspension of the Gas Well Permit, and the retroactive date(s)
1516 applicable to such coverage shall precede the date of issuance of the Gas Well Permit. Coverage shall
1517 apply to sudden and accidental pollution conditions resulting from the escape or release of smoke,
1518 vapors, fumes, acids, alkalis, chemicals, liquids or gases, waste material or other irritants, contaminants
1519 or pollutants. Where commercially available, Operator shall also maintain such coverage for gradual
1520 pollution incidents.
1521 c. Automobile Liability Insurance
1522 Operator shall maintain automobile liability insurance with a limit of not less than $1,000,000 each
1523 accident. Such insurance shall cover liability arising out of any auto (including owned, non -owned, and
1524 hired autos).
1525 d. Worker's Compensation Insurance
1526 Operator shall maintain workers compensation and employers liability insurance. The workers
1527 compensation limits shall be as required by statute and employers liability limits shall not be less than
1528 $1,000,000 each accident for bodily injury by accident and $1,000,000 each employee for bodily injury
1529 by disease.
1530 e. Excess (or Umbrella) Liability Insurance
1531 Operator shall maintain excess (or umbrella) liability insurance with a limit of not less than $24,000,000
1532 per occurrence with a $24,000,000 aggregate. Such insurance shall be excess of the commercial general
1533 liability insurance, automobile liability insurance and employers liability insurance as specified above.
1534 f. Control of Well Insurance
1535 Operator shall maintain control of well insurance with a limit of not less than $5,000,000 per
1536 occurrence. The policy shall provide coverage for the cost of controlling a well that is out of control, re -
1537 drilling or restoration expenses, seepage and pollution damage. A $500,000 sub -limit endorsement may
1538 be added for damage to property for which the Operator has care, custody, and control.
1539 6.3.4 Security
1540 A. Generally
1541 Prior to the issuance of a Gas Well Permit the Operator shall provide the Gas Well Administrator with a
1542 security instrument in the form of a bond or an irrevocable letter of credit in accordance with
1543 Subsection 6.3.413 below. Evidence of the execution of a letter of credit shall be submitted to the Gas
1544 Well Administrator by submitting an original signed letter of credit from the banking institution, with a
1545 copy of the same provided to the City Secretary.
1546 1. During Initial Drilling Activities
1547 An Operator drilling between one and five wells in the City at any time shall provide a blanket
1548 bond or letter of credit that meets the requirements with Subsection 6.3.413 below in the
1549 principal minimum amount of $150,000. Such blanket bond or letter of credit shall be increased
1550 by $50,000 for the sixth and each additional well being drilled in the City.
Exhibit B —Subchapter 6 Amendments
1551
2. During Completion and Production Activities
1552
An Operator with wells that are producing and for which all drilling operations have ceased shall
1553
provide a blanket bond or letter of credit that meets the requirements with Subsection 6.3.413
1554
below in the principal minimum amounts as follows:
1555
a. Up to 75 wells: $100,000;
1556
b. Between 76 and 150 wells: $150,000; and
1557
C. More than 150 wells: $250,000.
1558 B.
Drawing of a Bond or Letter of Credit
1559
1. The City shall be authorized to draw upon such bond or letter of credit to:
1560
a. Recover any fines or penalties assessed under this Section 6.3: Gas Well Drilling
1561
and Production or Section 6.2: Gas Well Development; or
1562
b. To pay the City for the cost of doing any work required to remedy any default by
1563
the Operator under any provision of this Section 6.3: Gas Well Drilling and Production or
1564
Section 6.2: Gas Well Development.
1565
2. If the City determines that a default has occurred in the performance of any
1566
requirement or condition imposed by this Section 6.3: Gas Well Drilling and Production or
1567
Section 6.2: Gas Well Development, a written notice shall be given to the Operator. Such notice
1568
shall specify the work to be done, the estimated cost and the period of time deemed to be
1569
reasonably necessary for the completion of such work. After receipt of such notice, the Operator
1570
shall, within the time therein specified, either cause or require the work to be performed, or
1571
failing to do so, shall pay over to the City 125 percent of the estimated cost of doing the work as
1572
set forth in the notice. In no event, however, shall the Cure Period be less than 10 days unless
1573
the failure presents a risk of imminent destruction of property or injury to persons or unless the
1574
failure involves the Operator's failure to provide periodic reports as required by this Section 6.3:
1575
Gas Well Drilling and Production or Section 6.2: Gas Well Development.
1576
3. The City shall be authorized to draw against the bond or letter of credit provided
1577
hereunder to recover such amount due from the Operator. Upon receipt of such moneys, the
1578
City shall proceed by such mode as deemed convenient and necessary to cause the required
1579
work to be performed and completed, but no liability shall be incurred other than for the
1580
expenditure of said sum in hand. In the event that the well has not been properly abandoned
1581
under the regulations of the commission, such additional money may be demanded from the
1582
Operator as is necessary to properly plug and abandon the well and restore the drill site in
1583
conformity with the regulations of this Section 6.3: Gas Well Drilling and Production or Section
1584
6.2: Gas Well Development. In the event the Operator does not cause the work to be performed
1585
and fails or refuses to pay over to the City the estimated cost of the work to be done as set forth
1586
in the notice, or the issuer of the security instrument refuses to honor any draft by the City
1587
against the applicable irrevocable letter of credit or bond the City may proceed to obtain
Exhibit B —Subchapter 6 Amendments
1588 compliance and abate the default by way of civil action against the Operator, or by criminal
1589 action against the Operator, or by both such methods.
1590 C. Requirements for Bonds
1591 A bond shall be executed by a reliable bonding or insurance institution authorized to do business in
1592 Texas, acceptable to the City. The bond shall become effective on or before the date the Gas Well
1593 Permit is issued and shall remain in force and effect for at least a period of six months after the
1594 expiration of the Gas Well Permit term or until the well is plugged and abandoned and the site is
1595 restored, whichever occurs first. The Operator shall be listed as principal and the instrument shall run to
1596 the City, as obligee, and shall be conditioned that the Operator will comply with the terms and
1597 regulations of this Section 6.3: Gas Well Drilling and Production or Section 6.2: Gas Well Development,
1598 and the City. The original bond shall be submitted to the Gas Well Administrator with a copy of the same
1599 provided to the City Secretary.
1600 D. Requirements for Letters of Credit
1601 A letter of credit shall be issued by a reliable bank authorized to do business in Texas and shall become
1602 effective on or before the date the Gas Well Permit is issued. The letter of credit shall remain in force
1603 and effect for at least a period of six months after the expiration of the Gas Well Permit term. If the
1604 letter of credit is for a time period less than the life of the well as required by this Section 6.3: Gas Well
1605 Drilling and Production or Section 6.2: Gas Well Development, the Operator must agree to either renew
1606 the letter of credit or replace the letter of credit with a bond in the amount required by this Section 6.3:
1607 Gas Well Drilling and Production or Section 6.2: Gas Well Development, on or before 60 days prior to the
1608 expiration date of the letter of credit. If the Operator fails to deliver to the City either the renewal letter
1609 of credit or replacement bond in the appropriate amount on or before 60 days prior to the expiration
1610 date of the letter of credit, the City may draw the entire face amount of the attached letter of credit to
1611 be held by the City of Denton as security for Operator's performance of its obligations under this Section
1612 6.3: Gas Well Drilling and Production or Section 6.2: Gas Well Development.
1613 E. Abandoned Wells
1614 When the well or wells covered by said irrevocable letters of credit or bond have been properly
1615 abandoned in conformity with all regulations of this Section 6.3: Gas Well Drilling and Production or
1616 Section 6.2: Gas Well Development, and in conformity with all regulations of the commission and notice
1617 to that effect has been received by the City, or upon receipt of a satisfactory substitute, the irrevocable
1618 letter of credit or bond issued in compliance with these regulations shall be terminated and cancelled.
1619 6.3.5 Inspection
1620 A. In accordance with federal and state law, the Gas Well Administrator and Fire Marshal shall
1621 have the authority to enter and inspect any premises covered by the provisions of this Section 6.3: Gas
1622 Well Drilling and Production; and Section 6.2: Gas Well Development, and Gas Well Permit, to determine
1623 compliance with its provisions, and all applicable laws, rules, regulations, standards, or directives of any
1624 local, state or federal authority.
1625 B. Pursuant to inspection authority granted by this Subchapter 6: Gas Wells, the Fire Code, the
1626 Texas Clean Air Act, and the Texas Water Code, the Gas Well Administrator and the Fire Marshal shall
Exhibit B —Subchapter 6 Amendments
1627 conduct periodic inspections of all Drilling and Production Sites, Gas Wells and well -related equipment
1628 permitted under this Section 6.3: Gas Well Drilling and Production and Section 6.2: Gas Well
1629 Development.
1630 C. Inspections will also include an evaluation of the Operator's conformance with their Hazardous
1631 Materials Management Plan and other applicable requirements to their site. Any deviations from, or
1632 violations of, the Hazardous Materials Management Plan shall be referred to the Fire Marshal for further
1633 inspection and enforcement in accordance with the Fire Code.
1634 D. Inspection fees will be assessed for all inspections in an amount set by separate ordinance.
1635 Failure to timely remit payment for inspection fees is a violation of this Section 6.3: Gas Well Drilling and
1636 Production and Section 6.2: Gas Well Development; however, nothing herein shall be deemed to limit
1637 the City's remedies in equity or law in the collection of any past due fees.
1638 6.3.6 Periodic Reports
1639 A. The Operator shall notify the Gas Well Administrator and the Fire Marshal of any changes to the
1640 following information within one business day after the change occurs.
1641 1. The name, address, and phone number of the Operator;
1642 2. The name, address, and twenty -four-hour, in-person response, phone number of the
1643 person(s) with supervisory authority on behalf of the Operator over the Drilling and Production
1644 Site;
1645 3. The name, address, and phone number of the person designated to receive notices from
1646 the City, which person shall be a resident of Texas that can be served in person or by registered
1647 or certified mail; and
1648 4. The Operator's Emergency Action Plan if required to file one pursuant to federal or state
1649 law.
1650 B. The Operator shall, upon request of the Gas Well Administrator, promptly make available a copy
1651 of any "incident reports" or written complaints submitted to the RRC or any other state or federal
1652 agency.
1653 C. Beginning a year after a well is spud, and thereafter until the Operator notifies the Gas Well
1654 Administrator that the well has been plugged and abandoned and the Drilling and Production Site
1655 restored, the Operator shall prepare a written report to the Gas Well Administrator identifying any
1656 changes to the information that was included in the application for the applicable Gas Well Permit that
1657 have not been previously reported to the City provided that changes have been made.
1658 D. The Operator must provide a copy to the Gas Well Administrator of all reports otherwise filed
1659 with the TCEQ in connection with an installed vapor recovery unit as described in this Section 6.3: Gas
1660 Well Drilling and Production or Section 6.2: Gas Well Development. The Operator shall also provide the
1661 City with copies of any responses provided by TCEQ. Such reports and responses shall be kept on the
1662 Drilling and Production Site and shall be available for inspection when requested by the Gas Well
1663 Administrator.
Exhibit B —Subchapter 6 Amendments
1664 E. The Operator shall provide the City with copies filed with the RRC of the respective reports for
1665 setting surface casing, blowout preventer (BOP) pressure testing, bridge plug testing, pressure relief
1666 valve testing, and level control testing. The Operator shall also provide the City with copies of any
1667 responses provided by the RRC. Copies of such reports and responses shall be kept on the Drilling and
1668 Production Site and shall be available for inspection when requested by the Gas Well Administrator.
1669 F. In addition to the records listed in this chapter, the Operator shall provide the City with a copy
1670 of all records filed with the RRC and TCEQ by the Operator or by third parties. Copies of such records
1671 shall be kept on the Drilling and Production Site and shall be available for inspection when requested by
1672 the Gas Well Administrator.
1673 6.3.7 Notice of Activities
1674 A. Notice Applicable to Setback Waivers and Variances
1675 1. An Operator who seeks to reduce Drilling and Production Site Setbacks for a proposed
1676 Drilling and Production Site below those prescribed in Subsection 6.2.2, pursuant to the
1677 procedures in Subsection 6.2.6, shall give the notice prescribed by this subsection to each owner
1678 of surface property within the Drilling and Production Site Setback and to all registered
1679 neighborhood associations within one-half mile of the proposed Drilling and Production site at
1680 least 20 days prior to filing an application for approval of a Gas Well Development Site Plan for
1681 the proposed Drilling and Production Site. The notice shall describe which procedure(s) under
1682 Subsection 6.2.6 will be utilized by the Operator to obtain a reduction in the setback and the
1683 date of any hearing scheduled before the Board of Adjustment on a variance request. Such
1684 notice shall be in addition to any notices required for Board of Adjustment proceedings.
1685 2. The notice shall identify the Operator and give the address and phone number of the
1686 Operator's representative, an internet link for information on the proposed request for
1687 reduction of setbacks, and contact telephone numbers for the City staff. The notice shall be
1688 accompanied by an aerial photograph containing the information in paragraph 6.2.6A.1.a.
1689 3. Notices required by this subsection shall be by depositing the same, properly addressed
1690 and postage paid, in the United States mail.
1691 B. Notice Applicable to Applications for Gas Well Development Site Plans
1692
1. At least 20 days prior to the date of filing of an application for approval of an original or
1693
amended Gas Well Development Site Plan with the Gas Well Administrator, the Operator shall
1694
notify, at the expense of the Operator, each surface owner of property within 1,000 feet of the
1695
proposed Drilling and Production Site. Such notice, as outlined below, shall be by depositing the
1696
same, properly addressed and postage paid, in the United States mail.
1697
2. The notice shall expressly state whether waivers or variances from the Drilling and
1698
Production Site Setback have been granted pursuant to Subsection 6.2.6. The notice shall
1699
identify the Operator and give the address and phone number of the Operator's representative,
1700
an internet link for information on the proposed request for reduction of setbacks, and contact
1701
telephone numbers for the City staff. The notice shall be accompanied by an aerial photograph
1702
containing the information in paragraph 6.2.6A.1.a.
Exhibit B —Subchapter 6 Amendments
1703
3. At least 20 days prior to the date of filing of an application for an original or amended
1704
Gas Well Development Site Plan with the Gas Well Administrator, the Operator shall publish a
1705
notice containing the information in paragraph (13)(2) above, at the expense of the Operator, in
1706
one issue of the local section of a newspaper of general circulation in the City for 10 consecutive
1707
days. An affidavit by the printer or publisher of the newspaper indicating publication of the
1708
notice shall be filed with the application and will be prima facie evidence of such publication. All
1709
notices shall follow a format required by the City.
1710
4. No later than five days after filing of an application for an original or amended Gas Well
1711
Development Site Plan with the Gas Well Administrator, the Operator, at Operator's expense,
1712
shall erect at least one sign, as approved by the Gas Well Administrator, no less than three feet
1713
by three feet, upon the premises upon which a Gas Well Development Site Plan has been
1714
proposed. The sign or signs shall be located in a conspicuous place or places upon the property
1715
at a point or points nearest right-of-way, street, roadway or public thoroughfare adjacent to
1716
such property. The Gas Well Administrator may require additional signage if the premises fronts
1717
on more than one right-of-way, street, roadway or public thoroughfare. The sign(s) shall state
1718
that a Gas Well Development Site Plan has been requested, which if approved, would authorize
1719
the drilling of multiple gas wells for the site. The sign shall further set forth that additional
1720
information can be acquired by telephoning the Operator at the number indicated on the sign.
1721
The sign shall remain posted at the Drilling and Production Site for the duration of the Gas Well
1722
Development Site Plan.
1723 C. Notice Applicable to Activities
1724
1. Any Operator who intends to perform the following activities: (1) Drilling Activities; (2)
1725
Workover Operations; (3) perform Completion or Re -Completion Operations; (4) plug and
1726
abandon a well; (5) perform any other maintenance activities that involve removal of the well
1727
head at a Drilling and Production Site; or (6) conduct seismic exploration not involving explosive
1728
charges; shall give written notice to the City no sooner than 30 days and no later than 10 days
1729
before the activities begin, except in instances where immediate Operator response is
1730
necessary, provided that the Operator has first obtained all necessary authorizations required
1731
by this Subchapter 6: Gas Wells, and the Fire Code. Road Damage Remediation Fees shall be
1732
paid to the City and submitted with the Notice of Activities.
1733
2. Except in instances where immediate Operator response is necessary, all dwellings
1734
within 1,000 feet from the boundary of a Drilling and Production Site shall be notified no sooner
1735
than 30 days and no later than 10 days prior to the activities listed in Subsection C(1) above,
1736
excluding Workover Operations. Such notice shall be by depositing the same, properly
1737
addressed and postage paid, in the United States mail.
1738
a. The notice shall identify where the activities will be conducted and shall
1739
describe the activities in reasonable detail, including but not limited to the duration of
1740
the activities and the time of day they will be conducted.
1741
b. The notice shall also provide the address and the 24 hour, in-person response,
1742
phone number of the Operator responsible for the well concerning the activities.
Exhibit B —Subchapter 6 Amendments
1743 3. The Operator responsible for the activities shall post a sign at the entrance of the
1744 Drilling and Production Site giving the public notice of the activities, including the date and time
1745 the activities will begin, and the name, address, and 24-hour, in-person response, phone
1746 number of the Operator conducting the activities.
1747 4. If upon receipt of the notice the City determines that an inspection by the Gas Well
1748 Administrator is necessary, the Operator will pay the City's fee for the inspection as set forth in
1749 amount as established by separate ordinance.
1750 5. The Operator shall notify the Gas Well Administrator within 24 hours of setting surface
1751 casing.
1752 6.3.8 Remedies, Enforcements and Right of Entry
1753 A. The Fire Marshal and the Gas Well Administrator are authorized and directed to enforce this
1754 Section 6.3: Gas Well Drilling and Production; Section 6.2: Gas Well Development; and the provisions of
1755 any Gas Well Permit. Whenever necessary to enforce any provision of this Section 6.3: Gas Well Drilling
1756 and Production; Section 6.2: Gas Well Development; or a Gas Well Permit, or whenever there is
1757 reasonable cause to believe there has been a violation of this Section 6.3: Gas Well Drilling and
1758 Production; Section 6.2: Gas Well Development; or a Gas Well Permit, the Fire Marshal or Gas Well
1759 Administrator, may, consistent with federal and state law, enter upon any property covered by this
1760 Section 6.3: Gas Well Drilling and Production; Section 6.2: Gas Well Development; or a Gas Well Permit
1761 at any reasonable time to inspect or perform any duty imposed by this Subchapter 6: Gas Wells. If entry
1762 is refused, the City shall have recourse to every remedy provided by law and equity to gain entry.
1763 B. It shall be unlawful and an offense for any person to do the following:
1764 1. Engage in any activity not permitted by the terms of a Gas Well Permit issued under this
1765 Section 6.3: Gas Well Drilling and Production or Section 6.2: Gas Well Development;
1766 2. Fail to comply with any conditions set forth in a Gas Well Permit issued under this
1767 Section 6.3: Gas Well Drilling and Production or Section 6.2: Gas Well Development; or
1768 3. Violate any provision or requirement set forth under this Section 6.3: Gas Well Drilling
1769 and Production or Section 6.2: Gas Well Development.
1770 C. The enforcement and penalty provision under Section 1.6, Enforcement, shall apply to a
1771 violation of this Section 6.3: Gas Well Drilling and Production or Section 6.2: Gas Well Development.
1772 D. The Gas Well Administrator is authorized to issue citations into municipal court for violations of
1773 this Section 6.3: Gas Well Drilling and Production; Section 6.2: Gas Well Development; or Gas Well
1774 Permit.
1775 E. The City may also notify the EPA, TCEQ, RRC or other applicable federal or state agency in
1776 connection with violations of this Section 6.3: Gas Well Drilling and Production or Section 6.2: Gas Well
1777 Development.
1778 F. Permit Suspension or Revocation
Exhibit B —Subchapter 6 Amendments
1779
1. If an Operator (or its officers, employees, agents, contractors, subcontractors or
1780
representatives) fails to comply with any requirement of any Gas Well Permit issued by the City
1781
in connection with any Gas Well Drilling and Production activity, the Fire Marshal or Gas Well
1782
Administrator may give written notice to the Operator specifying the nature of the alleged
1783
failure and giving the Operator a reasonable time to cure, taking into consideration the nature
1784
and extent of the alleged failure, the extent of the efforts required to remedy the failure, and
1785
the potential impact on the health, safety, and welfare of the community. The Operator shall
1786
notify the Gas Well Administrator within 48 hours indicating how the violation(s) shall be
1787
remedied. Unless otherwise provided by this Section 6.3: Gas Well Drilling and Production or
1788
Section 6.2: Gas Well Development, in no event, however, shall the Cure Period be less than 10
1789
days unless the alleged failure presents a risk of imminent destruction of property or injury to
1790
person. The Fire Marshal may issue a Stop Work Order under the Fire Code.
1791
2. If the Operator does not cure the alleged failure within the time specified by the Fire
1792
Marshal and/or Gas Well Administrator, the Fire Marshal and/or Gas Well Administrator may
1793
notify the appropriate state or federal agency with jurisdiction over the alleged violation and
1794
request that the state or federal agency take appropriate action (with a copy of such notice
1795
provided to the Operator), and the City may pursue any other remedy available.
1796
3. If the Operator does not cure the alleged failure within the time specified by the Fire
1797
Marshal and/or Gas Well Administrator, the Gas Well Administrator may recommend to the
1798
Board of Adjustment:
1799
a. That the Gas Well Permit at issue shall be suspended until the alleged failure is
1800
cured; or,
1801
b. If the Gas Well Permit at issue was under suspension at any time during the
1802
prior two-year period, that the Permit at issue shall be revoked.
1803
4. The decision of the Fire Marshal and/or Gas Well Administrator to recommend
1804
suspension or revocation of a Gas Well Permit shall be provided to the Operator in writing at
1805
least 10 days before the hearing to be held by the Board of Adjustment.
1806
5. If a Gas Well Permit is revoked, the Operator may submit information to the Gas Well
1807
Administrator evidencing that the alleged failure resulting in the revocation of the Gas Well
1808
Permit has been corrected, and an application for a new Gas Well Permit may be submitted for
1809
the same well.
1810 6.3.9 Watershed Permits for Gas Well Developments
1811 A. Applicability
1812
1. A Watershed Protection Permit shall be approved prior to approval of any Gas Well
1813
Development Site Plan, Gas Well Development Plat, or Gas Well Permit that includes land in any
1814
flood fringe area or ESA within the corporate limits or ETJ of the City, and for any proposed site
1815
that is within 1,200 feet of the flood pool elevation of Lake Ray Roberts or Lake Lewisville.
1816
Approval of a Watershed Protection Permit authorizes the processing of a complete application
1817
for a Gas Well Development Site Plan or Gas Well Development Plat, as the case may be, that
Exhibit B —Subchapter 6 Amendments
1818 includes land in a flood fringe area or ESA, or for a site that is within 1,200 feet of the flood pool
1819 elevation of Lake Ray Roberts or Lake Lewisville. No gas well development is allowed in the
1820 floodway, including the area of an ESA located in a floodway.
1821 2. Inside the City limits, a Watershed Protection Permit for gas well development can be
1822 approved only if the City Council authorizes a Specific Use Permit. In making a recommendation
1823 for the SUP, the Director shall apply those standards set forth in Subsection 6.3.9D below. In the
1824 City's ETJ, a Watershed Protection Permit may be approved by the Director of Environmental
1825 Services, or designee pursuant to the procedures in Subsection 6.3.9C below.
1826 3. A Watershed Protection Permit application may be submitted simultaneously with an
1827 application for a Specific Use Permit.
1828 B. Application Requirements and Processing
1829 A Watershed Protection Permit shall be processed in accordance with the following:
1830 1. An application for a Watershed Protection Permit shall contain the following
1831 information and such information as may be required by the Development Review Committee
1832 and the Environmental Services Department, which is reasonably necessary to review and
1833 determine whether the proposed development and required facilities meet the requirements of
1834 this Section 6.3: Gas Well Drilling and Production; Section 6.2: Gas Well Development; and as
1835 required by the Application Criteria Manual. In addition the information shall include the
1836 following:
1837 a. A Tree Inventory Plan shall show the location of ESAs on any proposed Drilling
1838 and Production Site.
1839 b. Show location of ESAs on proposed Drilling and Production Sites.
1840 2. All applications for Watershed Protection Permits shall be filed with the Development
1841 Services Department, who shall immediately forward all applications to the DRC for review.
1842 Incomplete applications shall be returned to the applicant, in which case the City shall provide a
1843 written explanation of the deficiencies. The City shall retain a processing fee determined by the
1844 City Council. The City may return any application as incomplete if there is a dispute pending
1845 before the Railroad Commission regarding the determination of the Operator. No application
1846 shall be deemed accepted for filing until the application is complete.
1847 C. Procedures
1848 1. Each application for a Watershed Protection Permit for gas well development in the ETJ shall be
1849 approved or denied by the Director of Environmental Services or designee following DRC review.
1850 2. Criteria for Approval for Watershed Protection Permit for Gas Well Development in the City
1851 limits. In reviewing the application for a Watershed Protection Permit, the Director shall apply those
1852 standards set forth in Subsection 6.3.9D below. The Director may attach such conditions to approval of a
1853 Watershed Protection Permit as are necessary to assure that the requirements of Subsection 6.3.9D
1854 below and any other applicable requirements contained in this Section 6.3: Gas Well Drilling and
1855 Production and Section 6.2: Gas Well Development, are met.
Exhibit B —Subchapter 6 Amendments
1856 3. Criteria for Approval for Watershed Protection Permits for gas well developments within the
1857 ETJ. In deciding the application for a Watershed Protection Permit, the Director shall apply those
1858 standards set forth in paragraph 6.3.9D.1; paragraph 6.3.9D.2 for riparian buffers within floodplains; and
1859 paragraph 6.3.9D.5. The Director may attach such conditions to approval of a Watershed Protection
1860 Permit as are necessary to assure that the requirements of these components of Subsection 6.3.9D
1861 below and any other applicable requirements in this Section 6.3: Gas Well Drilling and Production and
1862 Section 6.2: Gas Well Development, are met.
1863 4. Each Watershed Protection Permit shall:
1864 a. Identify each well subject to the Permit;
1865 b. Specify the date on which the Permit was issued;
1866 C. Incorporate by reference all applicable standards of approval; and
1867 d. Incorporate by reference all applicable conditions of approval.
1868 5. The applicant may appeal the Director's denial or conditional approval of a Watershed
1869 Protection Permit in the ETJ on grounds pertaining to the standards in Subsection 6.3.9C.3 below to the
1870 City Council within 10 calendar days of the decision by the Director. The Council shall decide the petition
1871 based upon the criteria in Subsection 6.3.9C.3 below and any other applicable requirements contained
1872 in this Section 6.3: Gas Well Drilling and Production and Section 6.2: Gas Well Development.
1873 D. Watershed Protection Permit Standards
1874 The standards in this Subchapter 6: Gas Wells, are adopted pursuant to the authority granted by TLGC,
1875 Section 551.002 and Chapter 211 and are intended to minimize adverse impacts on areas within the
1876 Flood Fringe or ESA, reduce flood damage, and lessen the potential for contaminating surface water or
1877 any water supply.
1878 1. Location of Sites
1879 Drilling and Production Sites shall be located outside floodplains and other ESAs whenever
1880 practicable to minimize adverse impacts on these areas, reduce flood damage, and lessen the
1881 potential for contaminating surface water or any water supply.
1882 2. Riparian Buffers
1883 For all ESAs constituting or containing riparian buffers prior to the approval of a Gas Well
1884 Development Site Plan:
1885 a. If a riparian buffer is designated as "fair" to "excellent" ESA, the designated
1886 protective stream buffer width as specified in Section 7.4, Environmentally Sensitive
1887 Areas of this DDC shall apply, and no encroachments shall be allowed.
1888 b. Within all areas except unstudied floodplains, if the stream is designated as a
1889 "poor" ESA, the designated width of the protective stream buffer'shall be decreased by
1890 either 50 percent or to the limits of the floodway whichever is greater, but in no
Exhibit B —Subchapter 6 Amendments
1891 instance shall the protective stream buffer width be decreased below 25 feet measured
1892 each direction from the centerline of the existing channel.
1893
3. Tree Mitigation
1894
In the event of a conflict between this Subchapter 6: Gas Wells, and 7.7.4, Tree Preservation,
1895
this Subchapter 6: Gas Wells, shall control. Tree mitigation for gas wells located in an ESA shall
1896
be required and shall be calculated on a one to one replacement value for 100 percent of the
1897
diameter breast height ("dbh") of trees removed from the Drilling and Production Site. Tree
1898
mitigation shall be accomplished by planting replacement trees, within a floodplain, on-site or
1899
off-site with similar tree species or by payment into a Tree Mitigation Fund. Tree Mitigation
1900
Funds that are specific to ESAs will be kept separate from other Tree Mitigation Funds and will
1901
only be used to either acquire wooded floodplain or riparian property that remains in a
1902
naturalistic state in perpetuity, or to purchase conservation easements within riparian or
1903
floodplain areas. Funds may be used to purchase, plant, and maintain trees on public property,
1904
as long as the public property is within a riparian area or floodplain.
1905
4. Tree Removal
1906 Any request to remove tree(s) shall be accompanied by a letter from a certified geologist or
1907 engineer that indicates why the well site cannot be located to avoid the trees. If Operator has
1908 chosen to pay into the Tree Mitigation Fund, such funds shall be paid prior to approval of a Final
1909 Gas Well Development Site Plan or Gas Well Development Plat for the ESA.
1910 5. Limitation on Well Heads
1911 Only one well head may be placed in the Flood Fringe or other ESA under the following
1912 conditions:
1913
a. Storage tanks or separation facilities shall be constructed at least 18 inches
1914
above the established Base Flood elevation plus the surcharge depth for encroachment
1915
to the limits of the floodway having a one percent chance of being equaled or exceeded
1916
in any year.
1917
b. A hydrologic and hydraulic engineering study shall be performed by a Registered
1918
Professional Engineer. The study shall be submitted to the Engineering Department in a
1919
technical report for review by the City Engineer or his designated representative. The
1920
report shall demonstrate that the proposed facilities will have no adverse impacts on
1921
the carrying capacity of the adjacent waterway nor cause any increases to the elevations
1922
established for the floodplain. When the Special Flood Hazard Areas (SFHA) on the
1923
subject site is designated as "Zone A" on the FIRM Panel, or the SFHA is not identified on
1924
the FIRM Panel, the following approximate method may be used to evaluate the impacts
1925
from gas well development. A flow rate shall be calculated using procedures set forth in
1926
the City of Denton Drainage Criteria Manual. Using Manning's Equation with an estimate
1927
of the average slope of the stream, measurements of a single irregular cross-section
1928
geometry at the well site, and the one hundred -year discharge rate, the average velocity
1929
and normal depth may be calculated. Calculations shall be provided for the unaltered
Exhibit B —Subchapter 6 Amendments
1930 existing channel cross-section and for the proposed modified channel cross-section and
1931 submitted to the City for review and approval prior to construction within these areas.
1932 C. No more than 10 percent of the flood fringe, within the limits of the Gas Well
1933 Development Site Plan or Gas Well Development Plat, may be filled.
1934 6. Additional Standards inside City Limits
1935 For land inside the City limits, all conditions imposed by any applicable SUP, MPC District or a PD
1936 District for the land subject to the Watershed Protection Permit, as well as the standards in
1937 Subsection 6.3.9D and any other applicable requirements contained in this Section 6.3: Gas Well
1938 Drilling and Production and Section 6.2: Gas Well Development, shall apply.
1939 E. Post -Approval Procedures
1940
1. If evidence from water quality monitoring efforts indicates that contamination is
1941
occurring from gas wells, the Operator shall remove, cause to be removed, or otherwise
1942
remediate contamination, as required by the Gas Well Administrator including but not limited to
1943
Waste Minimization Practices established by the RRC. Cleanup operations shall begin
1944
immediately. A re -inspection fee shall be charged as established by the City Council and
1945
published in the Application Criteria Manual.
1946
2. An associated Watershed Protection Permit shall expire with the expiration of the Gas
1947
Well Development Site Plan or Gas Well Development Plat and may not be extended prior to
1948
expiration.
1949
1950
Exhibit C —Subchapter 8 Amendments
1 8.3 Subdivision Design
2 8.3.4 Cluster Subdivisions
3 A. Purpose
4 This section provides optional standards for cluster subdivision development to protect sensitive lands
5 and common open space areas and to implement the comprehensive plan and/or adopted area plans. A
6 cluster subdivision is a residential subdivision in which some or all of the lots are allowed to be smaller
7 in area and width, thus allowing flexibility in development density in those areas in exchange for
8 permanent protection of common open space.
9 B. Applicability
10 1. The cluster subdivision option is available in all residential districts as identified in Table
11 3.1-A: Zoning District Designations.
12 2. The minimum parcel size for a cluster subdivision shall be at least five acres.
13 i. This minimum parcel size does not apply for sites affected by Gas Well Reverse
14 Setbacks as provided for in Subsection 6.2.6C.2.
15 3. All other standards in the DDC shall apply to cluster subdivisions unless modified by the
16 cluster subdivision standards in this Subsection 8.3.4.
17 4. In the case of conflict between the provisions of Table 8.A: Cluster Subdivisions, and any
18 other portion of this DDC, the provisions of this Table 8.A: Cluster Subdivisions, shall govern.
19
20 C. Review and Approval of Cluster Subdivisions
21 1. Cluster subdivisions require approval of a planned development (PD) and shall be
22 reviewed through the rezone to a planned development (PD) district procedure in Subsection
23 2.7.3: Rezone to a Planned Development (PD) District.
24 a. A PD is not required for cluster subdivision standards to be applied to sites affected b
25 Gas Well Reverse Setbacks as arovided for in Subsection 6.2.6C.2.
26 2. Cluster subdivisions shall be reviewed through the preliminary plat and final plat
27 procedures in Section 2.6, Subdivision Procedures.
28 D. Cluster Subdivision Minimum Standards
29 The minimum standards for cluster subdivision lots are established in Table 8.A: Cluster Subdivisions
30 below. The measurements and exceptions in Section 3.7, shall also apply to cluster subdivision lots
31 unless otherwise stated in Table 8.A: Cluster Subdivisions.
Table 8.A: Cluster Subdivisions
Type of Standard Requirement
Exhibit C —Subchapter 8 Amendments
Project Site Standards
Subdivision size, minimum
Block length, maximum
Common open space, minimum
Individual Lot Standards (minimum)
Lot size
Lot width
Building coverage
Setbacks (minimum)
Front
Side
Rear
5 acres
600 feet
30 percent of total site area
2,500 square feet
20 feet
Per underlying zoning district
5 feet if accommodation of at least two off-
street parking spaces can be demonstrated.
Otherwise, pursuant to the underlying zoning
district.
5 feet, except side yards adjacent to a public
right-of-way shall be 6 feet.
5 feet for alley -loaded dwellings or dwellings
developed with an auto court. Otherwise,
pursuant to underlying zoning district.
Notes:
[1] Building envelopes shall be established on the final plat with any cluster subdivision.
32
33
34 E. Common Open Space
35 1. Minimum Required
36 A minimum of 30 percent of the total site area of the cluster subdivision shall be set aside as
37 common open space for the use of the site's residents and visitors.
38 2. Identification and Maintenance
39 a. Common open space shall be identified on the final plat for a cluster
40 subdivision, with a notation that indicates that those lands shall not be used for future
41 development.
42 b. Common open space shall be identified on-site with appropriate permanent
43 signage markers in order to distinguish these areas from private property.
Exhibit C —Subchapter 8 Amendments
44 C. Common open space shall be permanently maintained and preserved as:
45 i. Open space lots with deed restrictions; or
46 ii. Protected through a conservation easement; or
47 iii. Land dedicated and accepted to the city, at the city's sole discretion.
48 d. For any land not dedicated to the city, the developer shall provide a permanent
49 mechanism acceptable to the City Attorney for the primary purpose of conservation,
50 preservation, and management of protected/conserved lands.
51 e. There shall be no further subdivision of land in an area approved for cluster
52 subdivision; however, dedication of easements for public utilities may be permitted.
53 3. Use of Common Open Space
54 a. Common open space shall be used for low -intensity recreation, agriculture,
55 buffers, critical wildlife habitat, or other passive park or open space purposes. A pond
56 may also count towards the minimum common open space requirement.
57 b. The use of common open space may be further limited or controlled at the time
58 of final approval where necessary to protect adjacent properties.
59 4. Design of Open Space
60 Land set aside for common open space shall meet the following design criteria, as relevant:
61 a. The lands shall be contiguous unless the land shall be used as a continuation of
62 an existing trail, or specific topographic features require a different configuration. An
63 example of such topographic features would be the provision of a trail or private open
64 area along a riparian corridor.
65 b. Where open space areas, trails, parks, or other public spaces exist adjacent to
66 the tract to be subdivided or developed, the common open space shall, to the maximum
67 extent feasible, be located to adjoin, extend, and enlarge the existing trail, park, or
68 other open area land.
69 C. In larger projects, open space should flow through the site linking recreation
70 facilities to dwellings with uninterrupted green belts.
71 d. If an ESA is preserved to meet the open space requirement, the land shall be left
72 in an undisturbed natural state. Other open space shall be landscaped pursuant to
73 Section 7.7, Landscaping, Screening, Buffering, and Fences.
74 F. Auto Courts
75 Auto courts may be considered as an alternative layout for cluster subdivisions. Up to four single-family
76 units (attached or detached) may share a single driveway access to a public street using an auto court
77 arrangement, provided the layout is approved with a preliminary plat pursuant to Subsection 2.6.3,
78 Preliminary Plat. Additionally, auto courts shall comply with the following:
Exhibit C —Subchapter 8 Amendments
79 1. The surface of the shared driveway in the auto court shall be at least 20 feet wide and
80 shall be surfaced with concrete or other permeable paving approved by the Director.
81 2. Individual driveways leading from the shared driveway to each dwelling unit shall be at
82 least 20 feet long, as measured from the front of the garage or carport to the closest edge of the
83 shared driveway.
84 3. The shared driveway shall be designed to comply with the standards of the
85 Transportation Criteria Manual.
86 4. The auto court design shall comply with the applicable off-street parking requirements.
87 5. Maintenance and repair of auto courts shall be the responsibility of a property owners
88 association or adjacent property owners. The city shall approve provisions for maintenance and
89 repair during the subdivision review process.
90 6. Parking on the shared driveway shall be prohibited and shall be clearly marked as such.
91 7. The auto court access shall be from a standard -width street and the applicant shall
92 demonstrate that there is adequate guest parking available on the street.
93 8. The auto court shall comply with all other city standards including fire and emergency
94 access, and utility provisions.
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