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HomeMy WebLinkAboutOrdinance 18504-03-2009ORDINANCE NO 18504-03-2009 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO 13896, AS AMENDED, CODIFIED AS APPENDIX A OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING CHAPTER 5 `SUPPLEMENTAL USE STANDARDS TO AMEND SECTION 5.140 `NATURAL GAS COMPRESSOR STATIONS TO REFLECT THE REVISIONS IN THE GAS DRILLING ORDINANCE AND ADD ANEW SECTION 5.144 ENTITLED `FRESH WATER FRACTURE PONDS AMEND SECTIONS 4.603 `RESIDENTAL DISTRICT USE TABLE AND 4.803 `NONRESIDENTIAL DISTRICT USE TABLE" OF CHAPTER 4, `DISTRICT REGULATIONS TO CLARIFY THAT LIFT COMPRESSORS AND GAS DRILLING AND PRODUCTION ARE PERMITTED IN ALL ZONING DISTRICTS AND TO PERMIT LINE COMPRESSOR FACILITIES AND FRACTURE PONDS BY RIGHT IN CERTAIN ZONING DISTRICTS, AMEND CHAPTER 9 'DEFINTIONS TO ADD DEFINTIONS FOR LIFT AND LINE COMPRESSORS AND FRESH WATER FRACTURE PONDS AMEND SECTION 4.1000 `LIGHT INDUSTRIAL ("I") DISTRICTS'TO PROVIDE AN HORSEPOWER EXEMPTION FOR LINE COMPRESSORS PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY CLAUSE PROVIDING A SAVINGS CLAUSE PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE WHEREAS, on December 9 and 16 2008 the City Council amended the gas drilling ordinance for the dnlhng, production and re-drilling of gas so that these activities may be conducted m a manner that protects the public health and welfare of the citizens of Fort Worth, conforms with established codes and regulations while mimmizmg the potential impact of surface property and mineral nghts owners (Ordinance Numbers 18399 and 18412) and, WHEREAS, on February 3 2009 the Crty Council adopted Ordinance Number 18449- 02 2009 combining the two ordinance provisions into one ordinance; and WHEREAS, the City Council adopted standards governing the installation and maintenance of pipelines and pipeline facilities m these permitted areas to ensure the compatibility of pipelines and compressor stations to the surrounding uses, reduce associated 1 noise, maintain property values, and protect the quality of life by minimizing the impact of pipelines and related facilities on the citizens of Fort Worth, and WHEREAS, the adopted gas drillmg revisions place regulations unrelated to safety on gas compressor stations and restrict line compressor stations to AG" Agricultural, `I" Light Industrial, `J" Medium Industrial and `K Heavy Industrial Distracts and m all other zoning districts only by a special exception granted by the Zoning Board of Adjustment; and WHEREAS, the revised gas drallmg ordinance requires that all fracture ponds located on a tract of land not adjacent to a gas drallmg pad site be located m AG" Agricultural, `I" Light Industraal, J" Medium Industrial and `K" Heavy Industraal zoning districts, and. WHEREAS, rt is desirable to adopt revisions to the zoning ordinance to reflect the revisions of the newly adopted gas drillmg ordinance; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1. Chapter 5 Article 1 `Supplemental Use Standards, Standards for Selected Uses" of Ordinance No 13896 the Zoning Ordinance of the City of Fort Worth, Section 5 140 `Utility Transmission Tower or Distribution Lme; Natural Gas Compressor Stations" is hereby amended to amend subsection 2 `Natural Gas Compressor Stations" to revise the regulations for natural gas compressor stations in its entirety to read as follows 2. Natural Gas Compressor Stations A. Unless otherwise specifically stated, variances to the compressor regulations may not be granted by the Board of Adjustment 2 B. Lift Compressors. 1 Lift Compressors shall be allowed in all zoning districts, but shall be restricted to the gas drilling pad site. 2 One three inch caliper tree shall be planted every 40 linear feet along the property line abutting a public right-of way No heavy equipment, including but not limited to trucks, tractors, trailers, bulldozers, bobcat tractors, trenchers, compressors and hoists shall be allowed inside the critical root zone of any protected tree on any compressor site without the specific approval of the city forester This requirement shall supersede other landscaping requirements. 3 All equipment or buildings associated with the operation of the compressor located in or within 600 feet of residentially used property or from the public right-of way shall be screened from pubhc view by landscaping, bermmg, structure or wall constructed of metal, masonry or other structurally sound material as approved by the Director of Planning and Development or his/her designee that significantly screens the equipment and is painted in a non- contrasting soft earth tone color to match the nearby surroundings as nearly as possible. This requirement shall supersede other landscaping requirements. C. Line Compressors. 1 Lme Compressors shall be permitted only m AG" Agricultural District, `I" Light Industrial, J" Medium Industrial and `K" Heavy Industrial zoning districts. 2. Line Compressors shall be permitted in all other zoning districts only by a special exception granted by the Zoning Board of Adjustment. In order for the Zoning Board of Adjustment to grant a special exception, the Line Compressor must meet the minimum standards of `I" Light Industrial District as provided m Article II of Chapter 15 `Gas" of the Gas Code and a site plan must be submitted and approved by the Board. The Zoning Board of Adjustment shall grant the application only when the Board determines that the location of the compressor is clearly defined on the site plan by the applicant; and the exception will be compatible with the existing uses and the development of adjacent properties either as filed, or subject to such requirements as the Board finds necessary to protect and maintain the stability of adjacent properties. 3 One three-inch caliper tree shall be planted every 40 linear feet along the property line abutting a public right-of way No heavy equipment, including but not limited to trucks, tractors, trailers, bulldozers, bobcat tractors, trenchers, compressors and hoists shall be allowed inside the critical root zone of any protected tree on any compressor site without the specific approval of the city forester This requirement shall supersede other landscaping requirements. 3 SECTION Z Chapter 5 Article 1 `Supplemental Use Standards, Standards for Selected Uses" of Ordinance No 13896 the Zoning Ordinance of the City of Fort Worth, is hereby amended to add a new section, Section 5 144 entitled `Fresh Water Fracture Ponds" to read as follows. 5.144 Fresh Water Fracture Ponds A. Fresh water fracture ponds located on a tract of land not adjacent to a gas drilling pad site shall be permitted by right m AG" Agricultural Distract, `I" Light Industrial, J" Medium Industrial and `K Heavy Industrial zoning distracts. B All fresh water fracture ponds must meet the permitting requirements and regulations as outlined m Article II of Chapter 15 `Gas" entitled `Gas Drilling and Production. SECTION 3. Chapter 4 Article 8 of Ordinance No 13896, the Zoning Ordinance of the Crty of Fort Worth, Section 4 603 `Residenrial Distract Use Table is hereby amended to add a new use under the section `Utilities" entitled `Gas Lift Compressor Stations" to add a `P" m the columns for all districts and to add references m the `Supplemental Standards" column to Section 5 140 and Article II of Chapter 15 `Gas" of the Crty Code. SECTION 4. Chapter 4 Article 8, of Ordinance No 13896 the Zoning Ordinance of the City of Fort Worth, Section 4 603 `Residential Distract Use Table" is hereby amended to add a new use under the section `Other" entitled `Gas Dralhng and Production" to add a `P" m the column under all distracts and to add a reference in the `Supplemental Standards" column to Article II of Chapter 15 `Gas" of the City Code. 4 SECTION 5. Chapter 4 Article 8 of Ordinance No 13896 the Zoning Ordinance of the City of Fort Worth, Section 4 803 `Nonresidential District Use Table" is hereby amended to delete `Gas Compressor Stations" under the heading `Utilities, Utility transmission or distribution line, Gas Compressor Stations" and to add new use under the section `Utilities" entitled `Gas Line Compressor Stations" to add a `P" under `I" `J" `K and AG" nonresidential district columns and a `SE" under all other nonresidential columns, and to add references in the `Supplemental Standards" column to Section 5 140 and Article II of Chapter 15 `Gas" of the City Code. SECTION 6. Chapter 4 Article 8, of Ordinance No 13896, the Zoning Ordinance of the Crty of Fort Worth, Section 4 803 `Nonresidential Distract Use Table" is hereby amended to add a new use under the section `Utilities" entitled `Gas Lift Compressor Stations" to add a `P" m the columns for all distracts and to add a reference in the `Supplemental Standards" column to Section 5 140 and Article II of Chapter 15 `Gas" of the City Code. SECTION 7 Chapter 4 Article 8 of Ordinance No 13896 the Zoning Ordinance of the Crty of Fort Worth, Section 4 803 `Nonresidential Distract Use Table" is hereby amended to add a new use under the section `Other" entitled `Gas Dralhng and Production to add a `P" m the column under all distracts and to add a reference in the `Supplemental Standards" column to Article II of Chapter 15 `Gas" of the City Code. 5 SECTION 8. Chapter 4 Article 8 of Ordinance No 13896 the Zoning Ordinance of the Crty of Fort Worth, Section 4 803 `Nonresidential Distract Use Table" is hereby amended to add a new use under the section `Other" entitled `Fresh Water Fracture Ponds and Production and to add a `P" under `I" `J" `K and AG" nonresidential distract columns and to add references m the `Supplemental Standards" column to Section 5 144 and Article II of Chapter 15 `Gas" of the City Code. SECTION 9 Chapter 9 `Definitions" of Ordinance No 13896, the Zoning Ordinance of the City of Fort Worth, is hereby amended is hereby amended to add new definitions for lift compressor line compressor and fresh water fracture ponds to read as follows Lift Compressor means a device that raises the pressure of a compressible fluid (gas) m order to lift gas from the well. Line Compressor means a device that raises the pressure of a compressible fluid (gas) m order for the gas to be transported through a pipeline. Fresh Water Fracture Ponds means a pit used for the collection and storage of fresh water for the purpose of fracture stimulation of gas wells SECTION 10. Chapter 4 Article 10 of Ordinance No 13896 the Zoning Ordinance of the City of Fort Worth, Section 4 1000 `Light Industrial ("I") Distracts, is hereby amended to amend subsection 4 `Maximum Horsepower" of D `Other Development Standards" to exempt line compressors from the maximum allowable horsepower to read as follows 6 4 1000 Light Industrial (~~I") District D Other Development Standards 4 Maximum Horsepower No use in the `I" Distract shall employ machines that exceed 50 horsepower Line Compressors shall be exempt from this limitation. SECTION 11 This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are m direct conflict with the provisions of such ordinances and such Code, m which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 12. 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 phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent ~urasdiction, 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 m this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 13. 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 7 fined not more than Two Thousand Dollars ($2,000 00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 14. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No 3011 Ordinance No 13896 or any other ordinances affecting zoning 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 m 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 15. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52 013 Texas Local Government Code. SECTION 16. This ordinance shall take effect upon passage and publication as required by law APPROVED AS TO FORM AND LEGALITY c.G~--- Assistant City ttorney ADOPT March 3, 2009 EFFECTIVE h(~TI~~~ 8