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
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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.
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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
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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.
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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.
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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.
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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
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