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Item 7C (3)City of Southlake, Texas M E M O R A N D U M September 12, 2007 TO: Shana Yelverton, City Manager FROM: Ken Baker, AICP, Planning & Development Services Director st SUBJECT:Ordinance 480-RRR – 1 Reading to Amend to the Comprehensive Zoning Ordinance No. 480, as amended as it pertains to Oil & Gas Drilling ___________________________________________________________________________ Action Requested: Conduct a First Reading on Ordinance 480-RRR Background: The city revised the Zoning Ordinance in 2005 to require oil and gas drilling and production activities to receive a Specific Use Permit (SUP) prior to the commencement of any gas & oil drilling and production. This amendment allowed drilling only in the I-2 “Heavy Industrial”. Also, this the amendment outlined specific regulations for oil and gas drilling Staff is recommending changing regulations in the (SUP) regarding oil and gas drilling and production to better balance market demand with environmental resource protection. In an effort to provide flexibility to city decision-makers on evaluating requests for gas drilling and production, staff is recommending the following changes: 1.Allowing gas drilling and production in all non-residential zoning districts with a Specific Use permit; and 2.Additional performance regulations for the approval of SUP’s for gas drilling and production. This item will be consider in conjunction with ordinance 880-A, Amendment of the Southlake City Code regarding Oil & Gas production and Resolution No. 07-056, Amendment of the City’s Master Plan as it pertains to Oil and Gas Drilling and Production (second reading only). Board Review: Planning & Zoning Commission held a public hearing on the proposed amendment on August 23, 2007 and approved (6-0) subject to adding language providing a minimum 600’ distance from all structures; permit in all zoning districts; provide more information/ recommendations regarding distance criteria. Legal Review: Yes Supporting Documents: Attached with this memorandum are the sections of the zoning ordinance being amended. 2 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 published 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 Amend the Specific Use Permit Table item 42 under Section 45, Specific Use Permits as follows: SPECIFIC USEDISTRICT WHERE PERMITTED CS, AG, O-1, O-2, C-1, C-2, C-3, C-4, B-1, B-2, I-1, I-2, HC, DT**, 42. Gas & oil well drilling and production, subject to the requirements of Section NRPUD, S-P-1**, S-P-2**, TZD** 45.15 , ECZ** SITE PLAN REQUIRED SECTION 2 Amend Section 45.15 to read as follows: 45.15 SPECIFIC REGULATIONS FOR GAS AND OIL WELL DRILLING & PRODUCTION (AMENDED BY ORD. 480-YY AND 480-RRR) The purpose of this section to establish reasonable and uniform standards for the review of applications for the location and development of gas and oil well drilling and production. Gas and oil well drilling & production activity shall be approved by City Council through the Specific Use Permit process, however, other city regulations that establish technical, safety, and environmental standards shall also apply. a. A site plan is required with the Specific Use Permit application for gas and oil well drilling and production and must include all information required by Section 40, Site Plans and the following additional information: 1.The total number of wells to be drilled. 2.The location of the drill site and a layout of the site showing all related facilities, including, but not limited to, drilling rig, pipe rack, water and sanitary sewer facilities, electrical supply, camper/office trailers, reserve pit, fracturing pits and any existing and future easements on the site. 3.The location of the operation site and a layout of the site showing all related facilities, including but not limited to pumps, wellheads, separators, dehydrators, tank batteries, compressors, and metering stations. 4.Size, location and purpose of any shared facilities, including, but not limited to, centralized tank batteries or fracturing pits for multiple wells or drill sites. 5.The design, location, and arrangement of all access roads into the site. 6.Method and design details of screening of operations and facilities. ** Shall apply only to non-residential lots in the DT, S-P-1, S-P-2, TZD, and ECZ Districts 4 7.A map of the public streets to be used by truck traffic to the drill site. City Council shall review and approve truck routes into and out of the operation site. Truck routes proposed shall meet the requirements of the city’s Truck Route ordinance, as amended. To the extent possible, entrances to a drill site shall be off state or federal highways (S.H. 114, S.H 26, etc.). 8.The location of any floodplain, drainage, or flowage easements. 9.A pipeline easement map indicating the location of the nearest gathering station and the alignment of the pipeline(s) connecting the operation site to the gathering station. 10.Map(s) clearly showing the area pooled and/or leased for mineral extraction. b.In addition to the standards established in Section 40, a site plan application for gas and oil well drilling and production shall meet the following standards: 1.Provision for adequate public facilities, as determined by the Director of Public Works including water supply, access roads, drainage, erosion control and other necessary supporting facilities identified on site plan. 2.The design, location, and arrangement of all driveways and parking spaces shall provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments/properties. 3.All operations shall be visually unobtrusive and limit noise, vibrations, and odors. 4.A tree survey as required by the Landscape Administrator for compliance with the City’s Tree Preservation Ordinance. 5.Pooling and unitization that bring together smaller tracts and joint operation of all or some portion of a producing reservoir shall be encouraged to the extent possible to prevent the drilling of unnecessary and uneconomic wells. 6.Fencing requirements- Throughout the entire exploration, drilling, and production process, there shall be screening improvements (fences, walls, berms, and landscaping) required during each phase of the process. a.The applicant shall submit fencing, landscaping, and other exhibits that comply with the standards for site design as established in Appendix C-1 of the city’s Land Use Plan. c.Each application for an SUP for gas and oil well drilling and production shall adequately demonstrate that it meets: 1.The technical standards for a Gas and Oil Well Permit as established by other city ordinance(s). 2.The intent of the guidelines provided in the Consolidated Land Use Plan, Appendix C, Policy on Natural Resource Extraction Activities. 5 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. 6 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 zoning yard regulations 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 publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) 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 caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. 7 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 ___________, 2007. ______________________________ MAYOR ATTEST: ______________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2007. ______________________________ MAYOR ATTEST: ______________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY 8