Item 7A
ORDINANCE NO. 480-RRR
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; REVISING SECTION 45 “SPECIFIC USE
PERMITS” REGARDING OIL & GAS DRILLING AND OPERATIONS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION
IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE
.
WHEREAS
, the City of Southlake, Texas 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 Local Government Code; and
WHEREAS,
the City has adopted Ordinance No. 480, as amended, as the
Comprehensive Zoning Ordinance for the City; and
WHEREAS,
the City Council has determined that it is appropriate and in the best
interest of the City to promote the public health, safety, and general welfare of its residents by
amending Ordinance No. 480 as provided herein; and
WHEREAS
, the City Council has given notice and held public hearings with respect to
the amendment of the Zoning Ordinance as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1
That item 42 of Section 45, “Specific Use Permits,” of the Zoning Ordinance of the City
of Southlake, Texas, is hereby amended to read as follows:
SPECIFIC USEDISTRICT WHERE
PERMITTED
ALL–SITE PLAN REQUIRED.
42. Gas & oil well drilling and production, subject to the requirements of Section
45.15
SECTION 2
That Section 45.15, “Specific Use Permits,” of the Zoning Ordinance of the City of
Southlake, Texas, is hereby amended to read as follows:
45.15 SPECIFIC REGULATIONS FOR GAS AND OIL WELL DRILLING & PRODUCTION
(AMENDED BY ORD. 480-YY AND 480-RRR)
Gas and oil well drilling & production activity must be approved by City Council through the
Specific Use Permit (“SUP”) process. Notwithstanding the foregoing, all other applicable
city, state and federal regulations governing the technical, safety, and environmental aspects
of the operation must additionally be met prior to conducting the activities detailed herein.
No application for an SUP for gas and oil well drilling and production shall be considered
unless it is accompanied and supported by at least one administratively complete application
for a well permit and a pipeline permit as defined by and set forth in Article IV,Chapter 9.5,
of the City of Southlake Code, as it may be amended. An application for an SUP may be
submitted for an entire pad site, as that phrase is defined in Article IV,Chapter 9.5, of the
City of Southlake Code, provided that sufficient detail is included regarding the maximum
number and location of each well proposed for the pad site. No more than one pad site may
be considered under an application for an SUP.
An applicant operating under approved well and pipeline permits seeking to amend an SUP
must resubmit the approved well and pipeline permit applications as supporting material for
the SUP amendment; or, where required by Article IV,Chapter 9.5, of the City of Southlake
Code to amend the permits, must submit an administratively complete application to amend
the well and pipeline permits.
The Planning and Zoning Commission and/or City Council may require any additional
information from the applicant regarding the applicant’s proposed activities, which the
Commission or Council deems pertinent. In addition, each application for an SUP or
amendment to an SUP must be found to be in accordance with the intent of the guidelines set
forth in the Consolidated Land Use Plan, Appendix C, Policy on Natural Resource Extraction
Activities.
The approval of an SUP or an amendment thereof shall not constitute the approval of a new
or amended well or pipeline permit.
SECTION 3
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such ordinances are
hereby repealed.
SECTION 4
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 5
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 6
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
oil, gas and hydrocarbon drilling, production, development, and transportation which have
accrued at the time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 7
The City Secretary of the City of Southlake is hereby authorized to publish this ordinance
in book or pamphlet form for general distribution among the public, and the operative provisions
of this ordinance as so published shall be admissible in evidence in all courts without further
proof than the production thereof.
SECTION 8
The City Secretary of the City of Southlake is hereby directed to post the proposed
ordinance in its entirety on the City website together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the second reading of this ordinance,
and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any
violation of any of its provisions, then the City Secretary shall additionally publish this ordinance
or its preamble and penalty in the official City newspaper, or website if permitted by law, one
time within ten (10) days after final passage of this ordinance, as required by Section 3.13 of the
Charter of the City of Southlake.
SECTION 9
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the _____ day of ___________, 2008.
______________________________
MAYOR
ATTEST:
______________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2008.
______________________________
MAYOR
ATTEST:
______________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY