HomeMy WebLinkAboutOrdinance 20737-05-2013 ORDINANCE NO. 20737-05-2013
AN ORDINANCE EXTENDING THE MORATORIUM ON THE
ACCEPTANCE OF APPLICATIONS FOR GAS LINE COMPRESSORS IN
AGRICULTURAL ZONING DISTRICTS ("AG") PENDING
CONSIDERATION OF REVISED REGULATIONS IN THE CURRENT
GAS DRILLING ORDINANCE OF CHAPTER 15 OF THE CITY CODE;
PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Article 11 of Chapter 15 of the City Code currently allows for gas line
compressors within the city limits by right in "AG" Agricultural, "I" Light Industrial, "J"
Medium Industrial, and "K"Heavy Industrial zoning districts; and
WHEREAS, after hearing concerns from affected citizens, the City Council directed
staff to reconsider allowing gas line compressors by right in AG zoning districts; and
WHEREAS, on February 13, 2013, the Zoning Commission recommended approval of a
text amendment to the zoning ordinance to allow gas line compressors in AG zoning districts
only with a special exception granted by the Board of Adjustment (ZC-13-034); and
WHEREAS, on March 5, 2013, the City Council remanded the case to the Zoning
Commission to consider alternatives to the proposed amendment and directed staff not to accept
applications for gas line compressors in Agricultural Zoning Districts ("AG:") until May 7, 2013
when the matter was scheduled to be heard by the City Council ; and
WHEREAS, at the April 23, 2013 Pre-Council Meeting, following communication with
neighborhood leaders and industry, staff presented proposed amendments to the Gas Ordinance
to allow gas line compressors in non-industrial zoning districts with a thousand foot (1,000')
setback and an allowable reduction to six hundred feet (600') with waivers from protected
property owners or the City Council; and
WHEREAS, staff also presented a request by neighborhood leaders for a ninety (90) day
continuance for the consideration of the proposed amendments and extension of the moratorium;
and
WHEREAS, the City Council granted the continuance for the consideration of the
proposed amendments and directed staff to prepare this ordinance to extend their direction not to
accept application for gas line compressors in Agricultural Zoning Districts (AG); and
WHEREAS, the City Council further instructed staff to coordinate with concerned
citizens during the ninety (90) day continuance and to prepare alternatives for the allowance of
gas line compressors for the City Council's consideration.
Ordinance No. 20737-05-2013
Page 1. of 6
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH,TEXAS,AS FOLLOWS:
SECTION 1.
Intent
A. It is the intent of this ordinance to limit temporarily, except as otherwise provided herein,
the acceptance of applications for gas line compressor stations in Agricultural Zoning
Districts (AG) in order to maintain the status quo pending consideration of proposed
revisions to the current regulations.
B. It is recognized that there is a need to establish regulations addressing the density and
location of gas line compressor stations in Agricultural Zoning Districts (AG) due to the
concerns raised by citizens related to impacts on surrounding uses.
C. The intent of this ordinance is to promote the orderly development of the City of Fort
Worth, to protect the general welfare of the citizens of the City of Fort Worth and to
maintain the status quo pending adoption of such regulations. It is not the intent of this
ordinance to deny development rights protected by law.
D. Further, it is the intent of the City to address the location and density of gas line
compression stations in Agricultural Zoning Districts (AG) in the City in an expeditious
manner and with due regard for the legal rights of the owners of mineral rights in Fort
Worth.
Ordinance No. 20737-05-2013
Page 2 of 6
SECTION 2.
Definitions
A. "Agricultural Zoning District ("AG") means those certain designated areas of the City
approved by the City Council as Agricultural zoning.
B. "Application" means a concept plan, preliminary plat, site plan, application for rezoning,
application for building permit and application for other development pernlit.
SECTION 3.
Limitation on Acceptance of Applications
A. Except as otherwise provided herein, after the effective date of, and extending for the
duration of this ordinance, no employee, officer, agent, department or commission of the
City shall accept for filing any of the following related to one or more gas line
compressor stations in Agricultural Zoning Districts (AG)
(1) Application for zoning change from Agricultural zoning to another zoning
classification;
(2) Application for zoning change from Agricultural zoning to Planned
Development ("PD") District;
(3) Planned Development site plan;
(4) Application for building permit;
(5) Application for other development permit; or
(6) Application for gas line compressor(s) permit to be located in Agricultural
zoning(AG).
Ordinance No. 20737-05-2013
Page 3 of 6
(7) Application for Certificate of Occupancy.
B. Applications for Agricultural zoning(AG) or Planned Development (PD) unrelated to gas
line compressor stations are not subject to the moratorium,
C. The Planning and Development Director, Building Official or other city official
responsible under city regulations for reviewing an application, as defined herein, for the
Property shall determine whether the application is subject to the moratorium.
Acceptance of an application for the limited purpose of such review shall not constitute
filing or acceptance of the application. In the event the official determines an application
is subject to the moratorium, the official shall take no further action on the application
and shall return the application, together with any proffered application fee, to the
applicant with the notification that the application will. not be accepted for filing or
further processing for the duration of this ordinance and any extension thereof.
SECTION 4.
Term of Ordinance
Unless extended by the City Council, this ordinance shall continue in effect until August
6, 2013, at 11:59 p.m., or until the City Council terminates the moratorium, whichever occurs
first.
SECTION 5.
Appeals
A. If the Planning and Development Director, Building Official, or other city official refuses
to accept an application, the applicant may appeal the decision to the City Council. The
appeal shall be in writing and shall be transmitted to the Office of the City Attorney
within ten days after receipt of notification that the application will not be accepted for
Ordinance No. 20737-05-2013
Page 4 of 6
filing.
B. The appeal shall be considered by the City Council within 20 days after the appeal is
received in the Office of the City Attorney, unless the applicant requests a later hearing.
The City CnnocJ\ mba|| not release the applicant from the requirements of this ordinance,
unless the applicant first presents credible evidence from which the City Council ouo
reasonably conclude application of this ordinance to the upyUount would he |d/cy to
deprive the applicant of rights protected hylaw.
C. The City Council may take the following actions ooan appeal:
(|) deny the appeal, iu which case the application shall not be accepted; or
Cn grant the appeal, and direct the Planning and Development Director maccept
the application for filing and processing.
D. In no event shall acceptance of an upp|icuduo guarantee that the City will issue the
it, unless the upp|iouboo is in coogp|iuuoo with all applicable codes, laws and
regulations.
SECTION 6.
Not Applicable to Pendinp,Applications
This ordinance does not apply toapplications that have been accepted by the City before
the enactment of this ordinance. Such upp|iouh000 sbo } be processed in accordance with
applicable policies and procedures and shall not be affected by the enactment of this ordinance.
SECTION 7'
Cumulative Effect
This ordinance nbaU be conou|ubvo of all provisions of ordinances and of the Code of the
City of Fort VVodb" 7`oxuu (1986), as amended, except where the provisions of this ordinance are
in direct conflict with the provisions of such ordinances and such Code, in p/biob event such
Ordinance No. 2O737-05-20\3
Page 5nf6
conflicting provisions of such ordinances and Code are hereby suspended for the period during
which this ordinance is in effect.
SECTION 8.
Severability
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and, if any ph-rase, clause,
sentence, paragraph or section of this ordinance shall be declared void, ineffective or
unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such
voidness, ineffectiveness or 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 herein of any such void, ineffective or
unconstitutional ph-rase, clause, sentence, paragraph or section.
SECTION 9.
Effective Date
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Susan Fullenwider, City Attorney
ADOPTED & EFFECTIVE: May 7, 201.3
Ordinance No. 20737-05-2013
Page 6 of 6
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION:! Approved on 517/2013 - Ordinance No. 20737-05-2013
DATE. Tuesday, May 07, 2013 REFERENCE NO.. G-17883
LOG NAME: 12GLCMORATORIUMEXT
SUBJECT:.
Adopt an Ordinance Establishing a Moratorium on the Acceptance of Applications for Gas Line
Compressors in Agricultural Zoning Districts, as Regulated by Article II, Chapter 15, of the City Code
Regarding Gas Drilling and Production Until August 6, 2013 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached Ordinance establishing a moratorium to
August 6, 2013 for acceptance of applications for gas line compressors to be located in Agricultural
Zoning Districts, as regulated by Article II, Chapter 15, of the City Code regarding gas drilling and
production.
DISCUSSION:
Under the current regulations for gas line compressors in Article II of Chapter 15 of the City Code, gas line
compressors are allowed by right in "AG" Agricultural, "I" Light Industrial, "J" Medium Industrial, and "K"
Heavy Industrial zoning districts and by special exception in all other zoning districts.
After concerns from certain neighborhood leaders and residents were presented to Staff and the City
Council, City Council directed Staff to reconsider the allowance of gas line compressors by right in "AG"
zoning districts. Staff then presented a text amendment to the zoning ordinance (ZC-13-034) to the
Zoning Commission on February 13, 2013 to allow gas line compressors in the "AG" zoning district with a
special exception granted by the City's Board of Adjustment. The Zoning Commission recommended
approval of the text amendment by a vote of five to one, with one member abstaining.
On March 5, 2013, the zoning ordinance text amendment was placed on the City Council agenda for
consideration. The City Council remanded the zoning case to the Zoning Commission for their
reconsideration directing Staff to consider additional alternatives for the regulations of gas line
compressors in "AG" zoning districts. Additionally, the City Council directed Staff not to accept
applications for gas line compressors in Agricultural Zoning Districts until May 7, 2013 when the matter
was scheduled to be considered by the City Council.
Since March 5, 2013, Staff has coordinated communication with interested neighborhood and industry
leaders and drafted regulations to allow gas line compressors by right in "AG" zoning districts with
significant setbacks from gas line compressors to protected uses in "AG" zoning to be regulated in
Chapter 15, Gas. On April 10, 2013, the Zoning Commission approved Staffs request for withdrawal of
the zoning ordinance text amendment as it had previously been presented to the City Council.
Following the communication with neighborhood leaders and industry, Staff presented proposed
amendments to the City Council at the April 23, 2013 Pre-Council meeting. These proposed amendments
to the Gas Ordinance included the allowance of gas line compressors with a 1,000 foot setback for gas
line compressors in non-industrial zoning districts with an allowable reduction to 600 feet with waivers by
Logname: 12GI,CMORATORIUMEXT Pagel oft
protected use property owners nr the City Council, and review of applications for gas line compressors by
the Gas Drilling Review Committee. Staff also presented the neighborhood leaders' comments and the
request for a 90 day continuance and extension of the moratorium in order to more fully explore the
options for the regulation of gas line compressors in the City. City Council then directed to Staff todelay
the consideration of the proposed amendment to the gas drilling ordinance for gas line compressors and
k> prepare the attached ordinance for the extension of the moratorium on the acceptance ofapplications
for gas line compressors for 90 days, or until the City Council terminates the moratorium, whichever
occurs first.
During the moratorium, which is to last until August 6, 2013, or until the City Council terminates it, Staff will
continue to work with the neighborhood leaders and industry for a proposed amendment to the City's
regulations on gas line compressors.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:Submitted for City Manager's Office by:
Fernando Costa /8476\
Dana Burghdoff (8018)
Originating Department Head: 8aoahFuUenvvder (7600)
Melinda Ramos (7631)
Additional Information Contact: ChhahoRoynNdp (8984)
Lognunzc: 12GLCM(}RA[OKlDMGXT Page Zof2