Item 7Dr
City of Southlake
Department of Planning
MEMORANDUM
September 1, 2004
TO: Honorable Mayor and City Council
FROM: Ken Baker, AICP, Interim Planning Director
SUBJECT: Ordinance No. 480 -YY — Amendments to Section 4 and Section 45 pertaining to petroleum
operations, oil & natural gas drilling and production.
REQUESTED ACTION: Conduct public hearing. Consider approval of second reading on Ordinance
No. 480 -YY.
BACKGROUND: Of late, interest in natural gas exploration, drilling, and production has
increased and several adjoining cities are recognizing the need to regulate
such activities. To this end, the city of Southlake does not specifically
identify oil or natural gas drilling and production as a use in any zoning
district. While the uses permitted under "petroleum operations" include some
flexibility, it is mainly intended for storage and distribution of petroleum.
This proposed amendment:
1. Clarifies the definitions of petroleum operation, gas drilling and
production and oil drilling and production;
2. Proposes "gas and oil drilling and production" as a use permitted
with a specific use permit (SUP) in the I -2 Industrial district; and
3. Adds standards for review and approval of such SUP requests under
Section 45.
This zoning ordinance amendment (480 -YY) addresses location of the gas
and oil well drilling and production use and its secondary impacts. A separate
amendment to the City Code that addresses the technical operation and
maintenance standards (such as insurance, security, periodic reporting, and
on -site operations) under a "gas and oil well permit" requirement is currently
under legal review.
FINANCIAL
CONSIDERATIONS: None
LEGAL REVIEW: Currently under review by the City Attorney.
SUPPORTING
DOCUMENTS: Attachment A -Draft Ordinance No. 480 -YY.
P &Z ACTION: July 22, 2004; Approved (4 -0) amending 45.15.b.4. to read "A tree survey
will be required by the Landscape Administrator in compliance with the
City's Tree Preservation Ordinance."
COUNCIL ACTION: August 3, 2004; Approved the first reading (5 -0).
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ORDINANCE NO. 480 -YY
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; REVISING SECTION 4 DEFINITIONS AND SECTION 45 SPECIFIC USE
PERMITS REGARDING PETROLEUM OPERATIONS, AND 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 X1, 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.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1
Add the following under Section 4.2 Definitions:
Petroleum Operations means and includes all activities in connection with the storage, pipeline transfer,
distribution, blending, loading and off - loading of petroleum products in a non - retail setting. This
definition shall not include oil or natural gas well drilling and operations.
Gas Well Drilling and Production Any digging or boring of a well to extract and /or for the production of
natural gas from the earth as classified by the Texas Railroad Commission or the Texas Natural Resources
Code. Drilling also means and includes the re -entry of an abandoned well. This definition does not include
oil well drilling and production.
Oil Well Drilling and Production Any digging or boring of a well to extract and /or for the production of oil
or petroleum from the earth as classified by the Texas Railroad Commission or the Texas Natural Resources
Code. Drilling also means and includes the re -entry of an abandoned well. This definition does not include
gas well drilling and production.
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SECTION 2
Delete the text under Section 45.1 (25), subsection 5 and add subsection 25. (c) as follows:
SPECIFIC USE
DISTRICT WHERE
SPECIFIC USE
PERMITTED
25. Petroleum Operations The City Council may grant this use as a specific use permit,
I -2
subject to compliance with the following provisions:
SITE PLAN
43. Gas & oil well drilling and production, subject to the requirements of Section 45.15
REQUIRED
a. In granting or denying a use in this category, the City Council must bear in mind that
REQUIRED
these sites are not to be located contiguous to residentially zoned properties and
should be located in such a manner as to preclude the necessity to travel through
residentially zoned areas to reach these sites. Petroleum operations should never be
placed in an environmentally sensitive area and should be allocated only to those
areas appropriately supported by public utility infrastructure and major arterial
thoroughfares. Environmental impacts of this use should be carefully considered in
determining whether to grant or deny an application.
b. The City Council may permit the following uses within this category.
(1) On -site storage of petroleum products.
(2) Pipe line transfer or servicing operations relating to the delivery of petroleum
based products.
(3) Petroleum distribution points of a wholesale nature designed to allow the
loading or off - loading of truck facilities in a non - retail setting.
(4) Petroleum blending operations.
( 5) n„ - + uses .. l, E;h 41 the o n,
all other pe4@!ettm o p i4 o+i of
c. Petroleum operations shall not include oil or gas drilling and production.
ed. No specific use permit shall be granted unless a site plan as set forth in Section 27.8
is submitted to, and approved by, the City Council. (As amended by Ordinance
No.480 -M.)
Add the following under Section 45.1 (43):
DISTRICT WHERE
SPECIFIC USE
PERMITTED
I -2
43. Gas & oil well drilling and production, subject to the requirements of Section 45.15
SITE PLAN
REQUIRED
Add the following as Section 45.15:
45.15 SPECIFIC REGULATIONS FOR GAS AND OIL WELL DRILLING & PRODUCTION
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, and fracturing pits.
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
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.
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 affectingthe
general public or adjacent developments /properties.
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.
c. Each application for an SUP for gas and oil well drilling and production shall adequately demonstrate
that it meets the technical standards for a Gas and Oil Well Permit as established by other citv
ordinance(s).
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 3
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 4
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 5
All rights and remedies of the City of Southlake are expressly saved as to any and all violations ofthe
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 6
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 7
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.
SECTION 8
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 3rd day of August, 2004.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2004.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY