HomeMy WebLinkAboutOrdinance 20853-08-2013 ORDINANCE NO. 20853-08-2013
AN ORDINANCE EXTENDING THE MORATORIUM ON THE
ACCEPTANCE OF APPLICATIONS FOR GAS LINE COMPRESSORS
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 tl of Chapter 15 of the City Code currently allows for gas line
compressors within the city lit-nits by fight 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 night 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-1 3-034); and
WHEREAS, on March 5, 2013, the City Council remanded the case to the Zoning
Commission to consider alternatives to the proposed amendment and approved a moratorium on
the acceptance of applications for gas line compressors until May 7; and
WHEREAS, on April 10, the Zoning Commission approved staffs withdrawal of the
zoning ordinance recommended for approval on February 13; and
WHEREAS, at the April 23 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 for the extension of the
moratorium; and
Ordinance No. 20853-08-201.3
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WHEREAS, the City Council further instructed staff to coordinate with the 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; and
WHEREAS, on May 7, 2013, the City Council adopted Ordinance No. 20737-05-2013
extending the moratorium until August 6, 2013, on the acceptance of applications for gas line
compressors in Agricultural. Districts ("AG") as regulated by the Gas Drilling ordinance to allow
staff time to draft proposed regulations for gas line compressors that would require significant
setbacks in non-residential zoning districts rather than requiring a special exception in "AG"
zoning, and to continue the dialogue with neighborhood and industry leaders; and
WHEREAS, staff conducted public meetings on April 25, July 25 and August 2 of 2013
to present the issue, as well as staff's proposed ordinance to allow gas line compressors in
Planned Development "PD" districts and all industrial zoning districts with setback requirements
of one thousand (1,000) feet or six hundred (600) feet with a waiver or approval by Council; and
WHEREAS, the proposed ordinance would also impose waiver procedures and notice
requirement and require all applications gas line compressors to be located in "PD"districts to be
reviewed by the Gas Drilling Review Committee; and
WHEREAS, the City Council considered such proposed ordinance at its public meeting
on August 6, 2013 and either continued the consideration of the ordinance or denied its
enactment; and
WHEREAS, because the current moratorium expires on August 6, 2013, the City
Council wishes to extend the moratorium to continue to address the concerns of citizens on gas
line compressors in Agricultural "AG"zoning districts; and
WHEREAS, all findings in Ordinance No. 20737-05-2013 are affirmed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH,TEXAS,AS FOLLOWS:
SECTION 1.
The expiration of the moratorium on acceptance of applications for gas line compressors,
enacted by the City Council on March 5, 2013 and extended by Ordinance No. 20737-05-2013,
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is hereby further extended from August 6, 2013 to October 15, 2013 at 11:59 p.m. or until dx:
City Council terminates the moratorium, whichever occurs OrnL
SECTION 2.
All provisions ofOrdinance No. 20737'05-20|3, with the exception oftile expiration date
extended by Section l of this Ordinance, ubuU remain in full force and effect.
SECTION 3.
It is hereby declared to he the intention of the City Cnnooi) that the scodooa, paragraphs,
sentences, clauses and ybruso* of this Ordinance are severable, uud` if any phrase, 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, iuoffeobvoueuu or unconstitutionality nhuU not affect any of the rornnioiog phrases,
clauses, sentences, paragraphs and sections ofthis Ordinance, since the aumo would have been
enacted hy the City Council without the incorporation herein of any such void, ineffective or
nuoouo1iMuhoou\ phrase, o)ouno, sentence, paragraph or section.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY: -` —
/b�A'
City Attorney Ma y J. K'#
ADOPTED and EFFECTIVE: August 6, 2013
3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION. Approved on 8/6/2013 - Ordinance No 20853-08-2013
DATE: Tuesday, August 06, 2013 REFERENCE NO.: G-17966
LOG NAME: 12GLCMOREXTEND2
SUBJECT:
Adopt Ordinance Extending the Moratorium on the Acceptance of Applications for Gas Line Compressors
in Agricultural Zoning Districts, as Regulated by Article il, Chapter 15, of the City Code, Regarding Gas
Drilling and Production Until October 15, 2013 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached extending the moratorium to October 15, 2013
for the 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 feet setback for gas
line compressors in non-industrial zoning districts with an allowable reduction to 600 feet with waivers by
protected use property owners or the City Council, and review of applications for gas line compressors by
Logname: 12GLCMOREXTEND2 Page 1 of 2
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 nf gas line compressors in the City. City Council then directed toStaff to delay
the consideration of the proposed amendment to the gas drilling ordinance for gas line compressors and
to prepare the attached ordinance for the extension of the moratorium on the acceptance of applications
for gas line compressors for 90 days, or until the City Council terminates the moratorium, whichever
occurs first. C>n May 7. 2O13. the City Council adopted Ordinance No. 20737-O5-2013 establishing the
moratorium on the acceptance Of application for gas line compressors in agricultural zoning districts uDU)
August 0. 2013.
During the moratorium, Staff worked with neighborhood leaders and industry to develop proposed
amendments to the City's regulations nn gas line compressors. (]n August 6. 2O13. Staff proposed an
ordinance which would allow gas line compressors in Planned Development "PD" districts as well as all
other industrial zoning districts. The ordinance would require a setback of 1.000 fna\ from protect uses,
with an ability by the applicant to seek waivers or City Council approval for a setback of 600 feet. The
ordinance provided for waiver and notice provisions as well as require that all gas line compressors which
needed to be rezoned to "PD" be reviewed by the Gas Drilling Review Committee. The City Council
considered such recommendation onAugust 6. but instructed Staff to continue its dialogue with the
interested community. Therefona, it is necessary to continue this moratorium to o||uvv Staff to continue to
address the concerns related to gas line compressors in ''AG" zoning districts. Adoption of this ordinance
would extend the moratorium until October 15. 2013.
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/AccounVCenters
CERTIFICATIONS:Submitted for Ci!y Manager's Office by:
Fernando Costa (8470)
SarahFuUenvvder (7000)
Originating Department Head: Dana Burghdoff (8018)
Chhsb* Ravnn|ds (8084)
Additional Information Contact: Melinda Ramos (7031)
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