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2001-342 ORDINANCE NO d00/- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR THE DRILLING, INSTALLATION AND THE OPERATION OF WELLS FOR THE EXTRACTION OF NATURAL GAS ON APPROXIMATELY 239 ACRES OF LAND GENERALLY LOCATED SOUTH OF HIGHWAY 380, EAST OF S NAIL ROAD AND NORTH OF JIM CHRISTAL ROAD, WITHIN AN AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-01-0025) WHEREAS, AGF Ranch, has applied for a specific use permit for the dnllmg, installation and the operation of wells for the extraction of natural gas on approximately 239 acres of land generally located south of Highway 380, east ofS Nml Road and north of bm Christal Road, wltlun an agncultural (A) zoning district classification and use designation, and WHEREAS, on August 8, 2001, the Planning and Zoning Commission recommended approval of a Specific Use Permit for the dnlhng, installation and the operation of wells for the extraction of natural gas, and WHEREAS, the City Council finds that the Specific Use Permit is consistent with the Denton Plan Policies, and WHEREAS, in accordance with Article III, Division 4, of Chapter 35 of the Code of Ordinances of the City of Denton, Texas, the City Council finds that all of the following conditions exist The clnllmg, installation and the operation of wells for extraction of natural gas will be compatible with and not inJUriOUS to the use and enjoyment of other property nor will it significantly diminish or lmpmr property values within the immediate vicinity, The establishment of the drllhng, installation and operation of wells for the extraction of natural gas will not impede the normal and orderly development and improvement of surrounding property, Adequate utilities, access roads, drainage, and other necessary supporting faclhtles have been or will be provided, The design, location, and arrangement o fall driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments, Adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, PAGE 1 Directional hghtlng will be provided so as not to disturb or adversely affect nelghbonng properties, and There is sufficient landscapang and screenmg to ensure harmony and compatibility with adjacent property, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 A specffi¢ use permit is hereby approved for the dnlhng, installation and operation of wells for the extraction of natural gas on approximately 239 acres of land described in the development plat attached hereto and ~neorporated herein as Exhibit "A" and generally located south of Highway 380, east of S Nail Road and north of Jim Christal Road, within an Agricultural (A) zonmg district elassffieatlon and use designation, subject to the following condmons 1 Noise reduction measures shall be utahzed to minimize the Impact to adjacent single-family properties 2 Dust prevention measures shall be utilized to mlmmlze the impact to adjacent single-family properties 3 Directional hghtmg, d~rected away from adjacent single-family residences shall be utilized 4 No well shall be located closer than five hundred (500') feet from an adjacent existing residence 5 The dnlhng, installation and operation of wells shall comply with the reqmrements and condmons of the Development Plat submitted with this proposal 6 All dnlhng permits required by the Fire Code shall be obtmned 7 A road mmntanance agreement shall be executed with the City of Denton SECTION 2 The C~ty's official zoning map is amended to show the change in zomng district classfficatlon SECTION 3 Any person vlolatmg any provision o fthls ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION 4 This ordinance shall become effective fourteen (14) days 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-Chromcle, a dmly newspaper pubhshed ~n the C~ty of Denton, Texas, wltlun ten (10) days of the date of~ts passage PASSED AND APPROVED this the ~ ~'~_ day of ~2~:~, 2001 EULINE BROCK, MAYOR PAGE 2 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM PAGE 3 EXHIBIT A I~ '""'""' I~/,, S NAIL RD DEVELOPMENT PLAT NOTES WELL srrE LOCATIONS Pmllmlca~/wellalto Incatlous am Identified on thls Demlopment Plat. The~e Iocatious are sub~ect to chan~e at the d'~,,au~ ~ the landova~r Walb will not be ;u.:~.;I ck~or than IO(Y from maldsu~l ~ nor clnsa'than S00'tmm a public ~,mt~y, wblk: Institatiou. or ~;,%~I and mli meet all otbet I~Ovlslous for ~ wells In the C~ of Denton tim Cede. The rncowy of gel from AG F Ranch has ~sen de~i~r4~l th ~ the thtum deml~ment of the smfsue. Naltber the pmssut a~flcult~ml use nor any lucre msinestial or commen:tal us~ dA~F Ranch ~ be Impalr~ by the Ix~3posed gel develspmsut. The p~,~i,~ ~as dev~opment wlti focus primarily on ttm Bamclt Shale, batwsen 7.000 and 8.~00 feet. I~dlmina~y Welie~ Incaflous have been eslecfed to oc~Jpy a minimum afire ~uffaca arsa. mtolmlza tim effect ou the sun'sue, and a~old the t~xxlplsln Multiple Welin will be drilled from these wall site locations ufll~ng d1.~.~.~l drilling techniques to fu~tha- mlnlmlse the amaunt of luCca ama required forths prol~ ~ns develepmest. l~plcel limits ofctearin~ and ~mdin~ for each wellalte l~caflou wIIIbe a SOO'by SOO'pad al~ Ems?on cont~lwlll c~n~ply w~ a~loccl, state, and federal n~qulre~out~ LOCATION OF DISTRIBUTION UNES AND ACCESSORY STRUCTURES Exls~ns ~as plpallnse and other aa.meats em Idenflfind ou thls Deveinpmest Plat. Accessory usns for tbe pr-~fx,~d gel daveinpmant v~ lacluda Internal e__,~__~ madso,plpallnse, maters, st~ tanks, separation f~cltitlns, and cfh~' u~s nccesnsq and msfumaw th ~as development. Mat~ ~torage thn~. sep~raflou tottl]lflsu and flow lines will ~ensrally be located within the SOO' by SCa' pad site provided for the sl~ffllcabla Well(s) f~ bi'cai Well site k~atl drawing f~'detalls) Each t~131cel Well era Incatinn wllllnclude approximately 5 ac~s. No gel storage facllltlns located on AGF Ranch. Temcora~/dlnselfucltonks uttilzed fordrilling operations wlllbe located within the ~O~'by SOO'pad site. DEV~.LOPMENT PHASING The Initial ~ daveinpmout mil be the driIll~ of a wellon ouch of the well site locations 'l~e numt~r of wella a~ order In whlch thee am ddlled wlil be dabendent uppn the sucsese of the development end the avallsbllliy of a gel mari~t. Demlol~nent updates that ~ the e~act Iocatk~ cf each well and accnssuty uses such se plbelinca, access made end ether ac~_~:~ stoma will be provided to the City cf Denton after each va~ Is pen~lttod with the Tm Railroad ~nmbaInn. AIIwells that am nnt I~nduc~e wlil be plu~ad atthe time ofsuch datam~malfon. Nlpnxlucln~ v.'~ls ~lbe plumed at the end of thclt eouncmin life Atipin~in~ wlllbe In ancontance v~th appllceble Texas Railroad C~mlnsk~ VEHICULAE ACCEl8 TO THE WEU. SITE LOCATIONS V~l~lar[--:£~=: to AGF Ranch may be from S Nail and Jim ChrMal Roads Them will be no wel~s Within 75'cf any public s~ais, hte~#ays or the rs~b nt.a~Y~ ppatatin~ railway Wall~te locations wlllbe noc~ by ~vate roads constructed with an allvmather mad material. "~o prlvaIn ma(la wlllprovlde a a~nlzod ontrsuce auto the lY, lblle ~ Rm access wttl be I~vldnd In accordance with all local, state and federal requirements (Tacludl~ labelln~ -tim lsna' WATER CONSUMPTION Once v~ti para'dis have bean obtained fmnl~ the T~m Railroad Comml~lon and rands have bean extended to the welilocetious, drilllr~ c~n commence Tile ddllil~ Of each well will raqtdm approx~nataly 8000 barrels of ~ over a two to ~ week pednd. This webs', ff a~aliuT~e and ~ the ~rmls~lor of the ~ own~, will be pumped from a ncalby pond or a~sem to minlmbe the amount of f~cldng mqufmd Once a wellhas been drilled end determined to hove the poinntialfor comma~clalprnduCllsn~the completion ~ vdllbe~n In ofdarfur the Eamett ~hale to be commerclall~ pmductl~ tt must be frac~re ~mulaind, l~b involves pumping a large amount of ~ at high prs~ure Into the fo~at~ to amate a frsutum In the rock. A smaltamount of send is mlxed with the water to hold the fracture open once the procedure In c~eted Thla pem~ the ge~ to fi0w mom ea~ll~ from the rock Into the Wellbem. Each fracture ~mulat~on requires approxlmate/y ffuckud to the Icoat/ou In a pedud of ab~t two days and ctored In ~rlsble tanks Once the waist Is In plesa, tho acthalstimulaUon ~ wllltaku eppmJdmatoty eight hour. This pmsess may be ~epseted once ewy five to ten years dependin~ on the pmdud~ of the Well WASTE CONTROL Water end driIIl~ mud utlllsed during the drillins of the Weliwlllbe In,ally ~)rnd in a resenm pltlocatad ed[ansntto the wall Ullimaf~y, the water and dlfllln~ ruud vdlibe ~ by t~ch and dlapcaed of In asCOldance with the mqulmmenis ofthe Texas Eallmad Comm~akm. ~ rsse~ve pit vdli be dewab~ed Within appm~dmatcly 30 days end beddllled within ~20 days (esb[ect to weather) of the c~m~laflou cf the wed In c~xnpllance with the raqulmmou~ of tbs Texas Rallrcad Wnstewat~'and couden~to ~ ~s pred~cflou WIIIbe ~md In a 300 ban~altonk within the wetistte location. Thu tank winb~ located within a ~sende~' o~clnmant ril~ with a non.-pa~m~able llnc~ capable of beldln~ one end oua-half tlmns the capacity cf the tank. The ta~k equlppnd with e sendn~ dsulca that will ~hut off the wall(s) d~ould the tank become full The conta~l~ cf the tank will be umpired by a commemlsl ppelMor and dlspnsnd of In accoldance with the requlmmen~ ofthe Texas Railroad Comml~len DRAINAGE No matam,~ora~ tonka, ~eparatisn tocllltins, or other ebeva~mund facllltins shallbe pluce In the 10U-year f~3dl~uln A nsparate and mom datallsd ~lto drainage plan dlalibe ~ubmtitod I~'sech wellulta bcalio~ 'l~e drsinage plan ~halllnclude Ute wcll~tt~ location and any I,~y s'm~ctoms thnt ~ca Ute dfllIIng or prndu~lou of ~es The ~.O0-ye~r ticedplsln shall also be sho~l on or~ croak not Idsutifled by FEMA and ~ 100-yser floodplain ENV]RONME3~I'AL IMPACT~ Tbs pmp~nd ~ae davelopmout will be In compliance with all ~ and fedmal envlmnmestal m~ul~oce end v~l not advarscly affec~ the 1~3dplaln, upland habltot~ drainage pattam~, am~inn, wata~ qualll~, or currant or futura ~Jn~ce ~ Them may be wells ~ target ti e. bettom-be~} lsca~on~ em under the flondplain, bet these wells w~llbe d~lind dlmatioual]y ~ a Inc~ou ouislda the tio3dpla~. Damage to public thomugMama ad]su~t to AGF Ranch directly seused by the pmpcaed ~as development will be restorsd to the u~rnsd upou count/end/or clt~ ~andan~ ns applicable.