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Item 3BCity of Southlake, Texas MEMORANDUM September 26, 2007 TO: Shana Yelverton, City Manager FROM: Ken Baker, AICP, Planning & Development Services Director SUBJECT: Resolution No. 07-056 - Proposed amendments to the Consolidated Land Use Plan to establish policies for natural resource extraction (CP07-005) Action Requested: None — Work Session Item Background: The city revised the Zoning Ordinance and the city codes in 2004 to address oil and gas drilling and production activities as follows: 1. SUP requirement in the 1-2 zoning district and 2. Gas and oil well permit required to meet the technical standards In conjunction with the changes to the SUP regulations under zoning and technical standards under the city code, staff is recommending the establishment of overarching policies on natural resource extraction within the framework of the city' Comprehensive Plan including standards for screening and fencing. Council Member Carolyn Morris has provided staff recommended edits to these documents which are included in your packet. The following documents are attached: • Attachment A — Proposed Appendix C (Amended to the Land Use Plan -Policy on the Natural Resource Extraction Activities) as presented in City Council's September 18th packet. • Attachment B- Proposed Appendix C-1 (Amended to the Land Use Plan -Site Design Standards for Oil & Gas Drilling & Production Pad Sites) as presented in City Council's September 18th packet. • Attachment C- Council Member Carolyn Morris' proposed changes to Attachment A (Amended to the Land Use Plan -Policy on the Natural Resource Extraction Activities) as presented in City Council's September 18th packet. • Attachment D- Council Member Carolyn Morris' proposed changes to Attachment B (Amended to the Land Use Plan -Site Design Standards for Oil & Gas Drilling & Production Pad Sites) as presented in City Council's September 18th packet. Please feel free to contact me (817-748-8067) if you have questions about the proposed amendments. P&Z Action: September 6, 2007; Approved (6-0) City Council Action: September, 18th 2007; Item tabled to October 2, 2007. ATTACHMENT A APPENDIX C POLICY ON NATURAL RESOURCE EXTRACTION ACTIVITIES The city of Southlake places a significant emphasis on the protection of the natural environment, including tree preservation, protection of ground water resources and air quality. The city recognizes that the preservation of the natural environment provides a significant protection of the quality of life our citizens enjoy. Increased market demand and the availability of vast natural gas reserves in the form of the Barnett Shale have created tremendous economic opportunities for area residents in terms of royalties and bonus payments. In order to balance the economic upside with environmental protection, the city has established the following policies to guide regulatory and approval decisions regarding natural resource extraction activities within the city. Any natural resource extraction activity should demonstrate that the street or highway facilities providing access to the activity are adequate in functional classification, width and structural capacity to meet the requirements of the proposed activity. 2. Natural resource extraction activities should occur in such a manner as to minimize its impact on surrounding properties, specifically residential uses and reduce conflicts between mineral development and current and future surface uses. All extraction activity should be buffered adequately from adjoining uses, including securing and other fencing to minimize the nuisance impacts of the extraction activity. 4. Any gas drilling activity should minimize impact on the city's natural environment, specifically identified on the city's Environmental Resource Protection Map. The city should consider the following in approving any natural resource extraction activity: o Minimal disturbance of existing vegetation; o Top soil should be saved and utilized in site reclamation; o All reasonable and practical measures should be taken to protect any wildlife habitats and ground water resources; o Operation should comply with federal, state, and local environmental regulations. The City should encourage cooperation, coordination, and communication between the surface owner and the mineral owner/operator with respect to any developments of either the surface or mineral estate. 6 New developments (residential and commercial) should be planned to take into account current and future gas drilling activity to the extent it can be reasonably anticipated and vice versa. 7. Gas drilling and production should be conducted in a manner which minimizes interference with existing surface use and mitigates the impact on future land uses, including the location of any easements for distribution lines. 8. Well sites should be reclaimed and closed by techniques which ensure that the future use of the property is not impaired because of environmental or safety problems or the existed of improperly abandoned or located equipment such as well heads or flowlines. Applicants should specifically address timelines for drilling, production, and reclamation activity during initial application. 9. Gas drilling and production sites shall meet all applicable city regulations and ordinances. ATTACHMENT B APPENDIX C-1 SITE DESIGN STANDARDS FOR OIL & GAS DRILLING & PRODUCTION PAD SITES In addition to meeting all city ordinances and regulations, all pad sites that are in gas drilling production operation within the city shall meet the following standards for fencing and buffering. Definitions: High visibility sites: are sites that are adjacent to or visible from major roadways and/or adjacent development. In addition, these sites have adequate access to water sources for irrigation. Low visibility sites: are sites that are generally not visible from any major roadways and adequately screened from adjoining development. In addition, these areas may have limited access to water sources required for irrigation. 1. Hardscape — surface treatment of the pad: 1. During Drilling — crushed concrete aggregate 2. During Production — o Dust free aggregate of a decomposed granite material o Where site disturbance exceeds the fenced areas of the pad, natural ground cover shall be restored with aggregate of native grass seeding 2. Fencing 1. During Drilling — 8' high chain link fence with all weather fabric in black or dark green; 8' high chain link gate. 2. During production — o High Visibility Areas with available water: Combination masonry and wrought iron fence having an expanse of no greater than 30' between masonry features or a solid masonry fence (Renderings to be presented at Meeting). Fence to be articulated with masonry elements of a minimum of 4' and maximum of 8'. Wrought iron element to be placed over a low wall of a minimum of 2' in height. Gate to be 8' high of wrought iron or architectural metal. o Low visibility areas: 8' high masonry fence with an 8' high gate of wrought iron or architectural metal. 3. Landscaping 1. During Production for high visibility sites— vegetative screening as recommended in figure 1 4. Lighting 1. All pad sites shall be well lit during drilling and production phases with fixtures using high-pressure sodium bulbs. When adjacent to existing neighborhoods, all lighting shall meet the city's lighting ordinance, as amended. Maximum height of fixtures shall be 25'. Light fixtures shall match those of the adjoining neighborhoods or development. 5. Color during production phase 1. All wrought iron fences and gates shall be painted dark green or black 2. All equipment on the pad site shall be painted in earth tones limited to beige, brown, and green. 6. Access roads and driveways 1. During drilling, all access drives shall meet the city's standards for constructions entrances and driveways 2. During production, all access drives shall be of an all weather surface meeting city standards 2C h.e�i dinnainnmll Creeping vines - Crossvine Perennials/ Seasonal Color — Knockout Roses Earthkind Roses Ornamental Grasses Red Yucca 1' - 2' in Height' Screening Shrugs Nellie R. Stevens Eleagnus Needle Point Holly -Yaupon Holly -Viburnum - 4' - 6' in Height' Perennials/ Seasonal Color Knockout Roses Earthkind Roses Ornamental Grasses Red Yucca 1' - 2' in Height' Recommended Screening for High Visibility Areas Evergreens) Deciduous accent Trees Austrian Pine Eastern Red Cedar Crape Myrtle Eves Necklace 10' - 20' in Height' Canopy Trees Live Oak Red Oak Bur Oak Cedar Elm 1 , Lacebark Elm Chinese Pistachio 20' - 80' in Height' I14 .,cam � �ff �' Masonry Fence with Vegetative Screening Creeping vines 'All heights indicated at maturity - Crossvine ATTACHMENT C - COUNCIL MEMBER MORRIS' PROPOSED CHANGES APPENDIX C POLICY ON NATURAL RESOURCE EXTRACTION ACTIVITIES The city of Southlake places a significant emphasis on the protection of the natural environment, including tree preservation, protection of ground water resources and air quality. The city recognizes that the preservation of the natural environment provides a significant protection of the quality of life our citizens enjoy. Increased market demand and possibly the wail bil4y&f vast natural gas reserves in the f rm of from the Barnett Shale have created tremendous economic opportunities for area residents in terms of royalties and bonus payments. In order to balance the economic upside with environmental protection, the city has established the following policies to guide regulatory and approval decisions regarding natural resource extraction activities within the city. 2. Any natural resource extraction activity should demonstrate that the street or highway facilities providing access to the activity are adequate in functional classification, width and structural capacity to meet the requirements of the proposed activity. 2. Natural resource extraction activities should occur in such a manner as to minimize its impact on surrounding properties, specifically residential uses and reduce conflicts between mineral development and current and future surface uses. All extraction activity should be buffered adequately from adjoining uses, including securing and other fencing to minimize the nuisance impacts of the extraction activity. 4. Any oil and gas drilling activity should minimize impact on the city's natural environment, specifically identified on the city's Environmental Resource Protection Map. The city should will consider the following in approving any natural resource extraction activity: o Minimal disturbance of existing vegetation; o Top soil should be saved and utilized in site reclamation; o All reasonable and practical measures should be taken to protect any wildlife habitats and ground water resources; o Operation should comply with federal, state, and local environmental regulations. 5. The City should will encourage cooperation, coordination, and communication between the surface owner and the mineral owner/operator with respect to any developments of either the surface or mineral estate. 6 New developments (residential and commercial) should be planned to take into account current and future oil and gas drilling activity to the extent it can be reasonably anticipated and vice versa. 7. All Gas drilling and production operations should be conducted in a manner which minimizes interference with existing surface use and mitigates the impact on future land uses, including the location of any easements for distribution lines. 8. Well sites should be reclaimed and closed by techniques which ensure that the future use of the property is not impaired because of environmental or safety problems or the existance of improperly abandoned or located equipment such as well heads or flowlines. Applicants should specifically address timelines for drilling, production, and reclamation activity during initial application. 10. All Comas drilling and production sites shall meet all applicable city regulations and ordinances. ATTACHMENT D - COUNCIL MEMBER MORRIS' PROPOSED CHANGES APPENDIX C-1 SITE DESIGN STANDARDS FOR OIL & GAS DRILLING & PRODUCTION PAD SITES In addition to meeting all city ordinances and regulations, all pad sites that are in oil and gas drilling production operation within the city shall meet the following standards for fencing and buffering. Definitions: High visibility sites: are sites that are adjacent to or visible from major roadways and/or adjacent development. In addition, these sites have adequate access to water sources for irrigation. Low visibility sites: are sites that are generally not visible from any major roadways and adequately screened from adjoining development. In addition, these areas may have limited access to water sources required for irrigation. A. Hardscape — surface treatment of the pad: 1. During Drilling — crushed concrete aggregate 2. During Production — o Dust free aggregate of a decomposed granite material o Where site disturbance exceeds the fenced areas of the pad, natural ground cover shall be restored with aggregate of native grass seeding o All entrance roads to the production site shall be concrete B. Fencing 1. During Drilling — 8' high chain link fence with all weather fabric in black or dark green; 8' high chain link gate. 2. During production — o High Visibility Areas with available water: Combination masonry and wrought iron fence having an expanse of no greater than 30' between masonry features or a solid masonry fence (Renderings to be presented at Meeting). Fence to be articulated with masonry elements of a minimum of 4' and maximum of 8'. Wrought iron element to be placed over a low wall of a minimum of 2' in height. Gate to be 8' high of wrought iron or architectural metal. o Low visibility areas: 8' high masonry fence with an 8' high gate of wrought iron or architectural metal. 0 C. Landscaping 1. During Production for high visibility sites— vegetative screening as recommended in figure 1 D. Lighting 1. All pad sites shall be well lit during drilling and production phases with fixtures using high-pressure sodium bulbs. When adjacent to existing neighborhoods, all lighting shall meet the city's lighting ordinance, as amended. Maximum height of fixtures shall be 25'. Light fixtures shall match those of the adjoining neighborhoods or development. E. Color during production phase 1. All wrought iron fences and gates shall be painted dark green or black 2. All equipment on the pad site shall be painted in earth tones limited to beige, brown, and green. F. Access roads and driveways 1. During drilling, all access drives shall meet the city's standards for constructions entrances and driveways 2. During production, all access drives shall be of an all woathef su-f ee concrete roadways meeting city standards