HomeMy WebLinkAboutOrdinance 20927-09-2013 ORDINANCE NUMBER: 20927-09-2013
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
FORT WORTH, AS AMENDED, BY FURTHER AMENDING CHAPTER 15
"GAS" ARTICLE If "GAS DRILLING AND PRODUCTION" BY AMENDING
SECTION 15-31, ADDING DEFINITIONS FOR THE TERMS LINE
COMPRESSOR OPERATOR AND LINE COMPRESSOR SITE; AMENDING
SECTION 15-34, SUBSECTION P.1 TO REQUIRE ALL APPLICATION'S FOR A
GAS LINE COMPRESSOR REQUIRING REZONING TO A PLANNED
DEVELOPMENT TO BE REVIEWED BY THE GAS DRILLING REVIEW
COMMITTEE (GDRC); AMENDING SUBSECTIONS P3 AND P7, TO PROVIDE
NOTICE REQUIREMENTS AND REVIEW BY THE GDRC FOR LINE
COMPRESSORS; AMENDING SECTION 15-42, SUBSECTION B2.e.
REGARDING GAS WELL NOISE LEVELS; AMENDING SECTION 15-42,
SUBSECTION D.Lb, REGARDING AMBIENT NOISE OF GAS COMPRESSORS;
AMENDING SECTION 15-42, SUBSECTION D.3, BY IMPLEMENTING LINE
COMPRESSOR SITE PERMIT APPLICATION REQUIREMENTS AND
REMOVING "AG" AGRICULTURAL AS ALLOWABLE ZONING FOR THE
PERMITTING OF LINE COMPRESSORS AND REQUIRING PLANNED
DEVELOPMENT OR INDUSTRIAL ZONING, SETBACK AND OTHER
TECHINICAL REQUIREMENTS FOR LINE COMPRESSORS; AND
AMENDING SECTION 15-42, BY ADDING SUBSECTION 4 DESCRIBING THE
SETBACK WAIVER PROCESS AND SUBSECTION 5 PROVIDING FOR A
GRANDFATHERING PROCESS FOR EXISTING LINE COMPRESSOR SITES;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING
FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 11, 2001, the City Council adopted Ordinance Number
14880 regulating gas drilling within the city limits of Fart Worth which has been amended
in 2006,2008 and 2009; and
WHEREAS, the City Council adopted standards governing the installation of
compressors to protect the aesthetics of surrounding uses, reduce associated noise and
maintain property values by minimizing the impact of compressor stations on the citizens
of Fort Worth; and
WHEREAS, the City Council has restricted the allowance of natural gas Line
Compressors in "AG" Agricultural, "I" Light Industrial, "J" Medium Industrial, and "K"
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Heavy Industrial zoning districts by right and in all other zoning districts by a special
exception granted by the Zoning Board of Adjustment; and
WHEREAS, the City Council wishes to exercise its police powers of zoning and
land use planning to promote orderly growth by ensuring a convenient, attractive and
functional community by regulating the aesthetics, setbacks and noise levels of gas line
compressors} and
WHEREAS, the City Council recognizes that the Pipeline Safety Act has sole
jurisdiction over safety regulations related to Line Compressors; and
WHEREAS, the City Council finds that it is in the best interests of the City to
remove the "AG" Agricultural zoning classification as a district where gas Line
Compressors are allowed by right, remove the allowance of gas Line Compressors in all
other zoning districts by a special exception, and to restrict gas Line Compressors in the
city to"PD" Planned Development and industrial zoning districts.
SECTION 1.
Section 15-31 "Definitions",of Article 11, "Gas Drilling and Production"of Chapter 15
"Gas", is hereby amended by adding the definition of"Line Compressor Operator"and
"Line Compressor Site" as follows:
KK.1 Line Compressor Operator means any Person issued a permit for a Line
Compressor Site, and/or who owns, operates, maintains or is responsible for operating a
Line Compressor.
KK.2 Line Corepressor Site means a land area, as defined and submitted to the City by the
Line Compressor Operator, for the purpose of transporting gas through a pipeline by one
(1)or more Line Compressors and all associated operational activities and equipment.
SECTION 2.
Paragraph P, subsection 1 of"Gas Drilling Review Committee(GDRC)",in Section 15-34
"Gas Well Permit Required", of Article II,"Gas Drilling and Production"of Chapter 15
"Gas", is hereby amended as follows:
1. All applications where a city council waiver is required, all applications that involve
non-commercial truck routes, all applications for gas Pipelines or gas Pipeline facilities
located in a Private Residential Area and all applications for Line Compressor Sites
requiring rezoning to a "PD" Planned Development District shall be reviewed by the Gas
Drilling Review Committee (GDRC) prior to that application being presented to the
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Zoning Commission, the city council or administratively issued by the city staff, where
applicable.
SECTION 3.
Paragraph P, subsections 3a. and 3b. of"Gas Drilling Review Committee (GDRC)", in
Section 15-34 "Gas Well Permit Required", of Article I1, "Gas Drilling and Production"
of Chapter 15 "Gas", is hereby amended as follows:
3. Notice of GDRC meeting shall be mailed ten(10)days after receipt of the application
to:
a. All neighborhood associations within:
i. `/2 mile of drill site; or
ii. `/Z mile of a Line Compressor Site.
b. All property owners within one thousand (1,000) feet of the proposed well
or a Line Compressor Site;
SECTION 4.
Paragraph P, subsection 7 of"Gas Drilling Review Committee(GDRC)", in Section 15-34
"Gas Well Permit Required", of Article I1, "Gas Drilling and Production" of Chapter 15
"Gas", is hereby amended as follows:
7. The GDRC shall submit a written report with the Mayor and Council Communication
permit request on all applications involving Gas Wells or Multiple Well Site Permit
without waivers and Pipelines within the City's Rights-of-way. The GDRC shall also
submit a written report to the toning Commission for a Line Compressor Site requiring
rezoning to a "PD" Planned Development district. The report shall include the staff and
citizen concerns and any unresolved issues. The GDRC shall submit a recommendation to
the gas well division on all applications that involve non- commercial truck routes and all
applications for Pipelines or Pipeline facilities located in a Private Residential Area.
SECTION 5.
Paragraph B2.e of"Noise—Gas Wells" in Section 15-42 "Technical Regulations", of Article II,
"Gas Drilling and Production"of Chapter 15 "Gas", is hereby amended to read as follows:
e. Creates low-frequency outdoor noise levels that exceed the following dB
levels:
15 Hz octave band: 65 dB
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31.5 Hz octave band: 65 dB
64 Hz octave band: 65 dB
SECTION b.
Paragraph D1. b. of "Compressor stations - natural gas facilities" in Section 15-42
"Technical regulations"of Article 11,"Gas Drilling and Production" of Chapter 15 "Gas",
is hereby amended to read as follows:
b. Line Compressor Operators shall be allowed to demonstrate that the current
actual ambient is greater than allowed which will become the new ambient for that
location (measured at the property line of the noise creator).
SECTION 7.
Paragraph D. 3 of"Gas Line Compressors" in Section 15-42,"Technical Regulations"of
Article 1I,"Gas Drilling and Production"of Chapter IS "Gas", is hereby amended to read
as follows:
3. Line Compressor Sites.
a. Line Compressor Site Permit Application Requirements. A Person wanting
to engage in and operate a Line Compressor shall first apply for and obtain a Line
Compressor Site permit as required under this article.
The requirements below are for the purpose of evaluating and processing an
application for a Line Compressor Site and are not meant to supersede any other
part of the City Code pertaining to development or building standards.
1. Every application for a Line Compressor Site issued pursuant to this
article shall be in writing signed by the Line Compressor Operator, or a
person duly authorized to sign on behalf of the Line Compressor Operator,
and filed with the Inspector.
2. Each application shall be accompanied by a fee as set forth in the City
Code for gas drilling and production fees.
3. The application shall include the following information:
a. The date of the application.
b. A legal description of the property. The property must be platted and
referenced by subdivision, block and lot numbers.
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j. Noise management plan demonstrating compliance with subsection
D.La. above.
k. A request for waiver as outlined in Section DA, if applicable.
b. Line Compressor Sites shall be permitted only in "PD" Planned
Development zoning districts, "I" Light Industrial, "Y Medium Industrial and "K"
Heavy Industrial zoning districts and shall meet the following setbacks:
i. "I" Light Industrial, "J" Medium Industrial and "K" Heavy Industrial
zoning districts setback. The boundary of all Line Compressor Sites in "I"
Light Industrial, "J" Medium Industrial and "K" Heavy Industrial zoning
districts shall be set back a minimum of six hundred (600) feet from any
Protected Use. The setback from Protected Uses may be reduced to three
hundred (300) feet from the boundary of the Line Compressor Site
provided the Line Compressor(s) located within the Line Compressor Site
are fully enclosed.
ii "PD" Planned Development zoning district setback. The boundary of all
Line Compressor Sites in "PD" zoning districts shall be set back a
minimum of one thousand (1,000) feet from a Protected Use. The distance
may be reduced to six hundred (600) feet when written waivers are
obtained from one hundred percent (100%) of the Protected Use Property
Owners within such distance by the applicant or by the granting of a waiver
from the City Council.
iii. All zoning districts. The boundary of all Line Compressor Sites shall be
setback a minimum of three-hundred (300) feet from a Public Building or a
Habitable Structure.
C. Equipment and Buildings not part of the operation of the Line Compressor
Site shall be set back a minimum of two hundred(200) feet from the Protected Use, Public
Building or Habitable Structure or one hundred (100) feet from the property line,
whichever is greater..
d. Setback Measurement. The measurement of the setback distance shall be
trade from the boundary of the Line Compressor Site, in a straight line, without regard to
intervening structures or objects, to the closest exterior point of the closest Protected Use
or boundary line of a Public Park or property line of a School. The Line Compressor
Operator shall designate the area within the Line Compressor Site where one or more Line
Compressors may be located. The Line Compressor Site will be defined as an area on the
site plan by coordinates and setback distance will be measured from the defined area.
e. Line Compressor Sites shall be required to meet the following standards:
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i. Line Compressor Sites shall meet the applicable noise standards for that
zoning classification as set out in subsection La. above. Landscaping, buffering or
acoustical structures shall be required as required by this section and as required by the
zoning regulations for the applicable zoning district.
ii. No sound blankets shall be allowed.
iii. All acoustical structures must be constructed of permanent material
constructed of metal, masonry or other structurally sound material as approved by the
director of planning and development that significantly screens the equipment is a non-
contrasting soft earth tone color to match the nearby surroundings as nearly as possible
and meets all applicable Building and fire codes.
iv. All facilities shall be inspected by the Inspector prior to operation of the
compressor.
V. Exhaust from any internal combustion engine or compressor, stationary
or mounted on wheels shall not be discharged into the open air unless it is equipped with
an exhaust muffler, or mufflers or an exhaust muffler box constructed of noncombustible
materials sufficient to suppress noise and disruptive vibrations.
f All Line Compressor Sites and associated equipment and Buildings shall be
enclosed by a six (6) foot security fence constructed per section 15-43 "Fences and
Landscaping" of this article.
g. One (1) three (3) inch caliper tree shall be planted every forty (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 allow 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, except for the tree preservation and/or
planting percentage requirements in Section 15-43.
h. All equipment, that is located in or within six hundred (600) feet of a
Residence or from the public Right-of-way shall be screened from public view by
appropriate landscaping, berming, structure or wall constructed of metal,masonry or other
structurally sound material as approved by the director of planning and development 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.
i. Secondary containment shall be required around all Line Compressors and
within the Line Compressor Site. All secondary containment must meet the requirements
of subsection 32 of Section 15-42, "Technical Regulations."
j. In addition to the regulations set out above, Line Compressor Sites located
adjacent to residential zoning shall be required to meet the following standards:
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i. The six (G) foot security fence constructed per section 15-43 "Fences and
Landscaping" shall be set back a minimum of ten (10) feet from the property line of the
Residence and a minimum of twenty(20)feet from the public Right-of-way.
ii. A ten (10) foot landscaped bufferyard along the entire length of the
boundary line between any Line Compressor Site and the residential zoning shall be
required and maintained. The bufferyard shall consist of an open space of grass and other
landscaping that screens or blocks vision, noise pollutants and other negative by products.
The bufferyard shall be required even when an alley is located between the Line
Compressor Site and the residential zoning.
iii. A minimum twenty (20) foot landscaped bufferyard shall be required
along all street frontages across the street from residential zoning to screen the view of the
property from the public Rights-of-way.
iv. A minimum of one(1) three-inch caliper large canopy tree, as defined in
Chapter 6 of the zoning article, with a mature height of twenty-five (25) feet shall be
required every forty(40) feet and screening shall be provided using hedges, berms or mass
planting to a height of not less than twenty-four(24)inches with live groundcover.
V. The bufferyard is intended to serve as a buffer between the compressor
station and the residential zoned property. Structures and equipment or any type of storage
shall not be permitted in the bufferyard.
SECTION 8.
Section 15-42, "Technical Regulations" of Article II, "Gas Drilling and Production" of
Chapter 15 "Gas", is hereby amended to add Paragraph D. 4 "Gas Line Compressors in
PD Zoning Districts- Setback Waiver Process"to read as follows:
4. Gas Line Compressor Site in PD Zoning Districts--Setback Waiver Process
A. A request for a setback waiver for a Line Compressor Site within one thousand
(1,000) feet of Protected Use shall be submitted to the director of planning and
development gas well division.
B. A Line Compressor Site shall not be allowed within one thousand (1,000) feet
of a Protected Use in a PD zoning district without a:
1. Waiver granted by the City Council;or
2. Written notarized waivers granted by one hundred percent (100%) of the
Protected Use Property Owners within a one thousand (1,000) foot radius around
the proposed Line Compressor Site pursuant to this section. All waivers trust
identify the property address, block and lot number, subdivision name (if
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applicable) and plat volume and page and be filed, at the expense of the Line
Compressor Operator, in the applicable county records prior to the application of a
Line Compressor Site.
3. This setback distance may be reduced, but never less than six hundred (600)
feet from a Protected Use.
4. This provision applies to any existing Protected Use or where a building
permit has been issued or applied for a Protected Use on the date the application for
a Line Compressor Site is filed with the Inspector.
C. Permitting procedure for request of a waiver by the city council.
1. After a Line Compressor Site permit application and waiver request are
submitted for a Line Compressor Site within one thousand (1,000) feet of a
Protected Use, the Inspector shall schedule a review of the permit by the GDRC.
Notice provisions for the GDRC and its reporting requirements are provided for
under section 15-34, ParaWaph P.
2. At least twenty (20) days, and no more than thirty(30) days prior to the date
of the public hearing before the city council for a waiver to allow the issuance of a
Line Compressor Site within one thousand (1,000) feet of a Protected Use, the City
shall notify, at Line Compressor Operator's expense, each surface owner of
property, as shown by the current City of Fort Worth Fire Department address
systema and the current tax rolls within one thousand (1,000) feet of the proposed
Line Compressor Site of the hearing date and time. The notice shall contain an
internet link for information on gas drilling, and contact telephone numbers for
City staff and the Line Compressor Operator/app Iicant. Such notice shall be
deposited properly addressed and postage paid, in the United States mail. Notice
shall be sent by the City to all registered neighborhood associations within one-
half(112)mile of the proposed Line Compressor Site.
3. At least fifteen (15) days, and no more than twenty (20) days,prior to the date
of the public hearing before city council to allow the issuance of a Line
Compressor Site permit within one thousand (1,000) feet of a Protected Use under
this article, the Line Compressor Operator shall publish a notice at Line
Compressor Operator's expense, in one (1) issue of the local section of a
newspaper of general circulation in the city, for ten (10) consecutive days. An
affidavit by the printer or publisher of the newspaper indicating publication of the
notice shall be filed with the application and will be prima facie evidence of such
publication. All notices shall follow a format required by the City.
4. At least twenty (20) days prior to the date of the public hearing before city
council to allow the issuance of a Line Compressor Site permit within one
thousand (1,000) feet of a Protected Use under this article the Line Compressor
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Operator shall, at the Line Compressor Operator's expense, erect at least one (1)
sign, as approved by the inspector, no less than three (3) feet by three (3) feet,
upon the premises upon which a Line Compressor Site waiver within one
thousand (1,000) feet of a Protected Use has been requested. Where possible, the
sign or signs shall be located in a conspicuous place or places upon the property at
a point or points nearest to any Right-of-way, Street, roadway or public
thoroughfare adjacent to such property. The Inspector may require additional
signage if the premise fronts on more than one (1) Right-of-way, Street, roadway,
or public thoroughfare.
a. The sign(s) shall substantially indicate that a Line Compressor Site
waiver to allow issuance of a Line Compressor Site within one thousand
(1,000) feet of a Protected Use has been requested and state the date, time and
place of the public hearing, and shall further set forth that additional
information can be acquired by telephoning the Line Compressor
Operator/applicant at the number indicated on the sign.
b. The Continued maintenance of any such sign(s) shall not be deemed a
condition precedent to the holding of any public hearing or to any other
official action concerning this article.
C. Any sign(s) shall be removed as soon as possible subsequent to final
action by the Inspector or the city council.
S. All notice provisions contained herein shall be deemed sufficient upon
substantial compliance with this section.
6. Before the city council considers the waiver request, the Line Compressor
Operator/applicant shall provide evidence of a certificate of publication
establishing timely publication of the notice of the hearing, and that the Line
Compressor Operator/applicant has otherwise complied with or satisfied all other
requirements of this article, including full and complete compliance with the
insurance and security requirements.
7. The burden of proof on all matters, except notice, considered in the hearing
shall be upon the Line Compressor Operator/applicant.
8. The city council shall review the application and any other related
information. The city council shall consider the following in deciding whether to
grant a waiver and authorize the issuance of a Line Compressor Site permit within
one thousand (1,000) feet of a Protected Use:
a. Whether the operations proposed are reasonable under the circumstances
and conditions prevailing in the area considering the particular location and
the character of the improvements located thereon;
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b. Whether the Line Compressor Site would conflict with the orderly
growth and development of the City;
C. Whether there are other alternative Line Compressor Site locations
available;
e. Whether there is approved access for the City fire personnel and fire
fighting equipment;
f. Whether there is reasonable access to the Line Compressor Site that
minimizes the impact to residential properties if the use of non-designated
commercial or truck routes are required;and
g. The recommendations of the Inspector and zoning commission.
9. The city council may require an increase up to one-thousand (1,000) feet in
the Line Compressor Operator/applicant's proposed distance that the Line
Compressor Site is to be set back from any Protected Use or require any change in
operation, plan, design, layout or any change in the on-site and technical
regulations in sections 15-42 and 15-43 of this article, including fencing,
screening, lighting, delivery times, noise levels, tank height, or any other matters
reasonably required by public interest.
10. The city council may accept, reject or modify the application in the interest
of securing compliance with this article and the City Code.
D. Permitting procedure for a waiver from Protected Use property owners
tinder section 15-42, Paragraph A4.B.2.
1. No application for a Line Compressor Site within one thousand (1,000) feet of
a Protected Use shall be accepted unless the written notarized waivers are obtained
from one hundred percent (100%) of the Protected Use Property Owners within
one thousand (1,000) feet of the proposed Line Compressor Site.
2. Waivers must be in a format approved by the City and shall include an aerial
exhibit attached clearly depicting the area of a proposed Line Compressor Site
with the closest dimension to the Protected Use for which the waiver is being
requested. Signatures are required on both the form and exhibit. The waiver form
will be double sided and printed in both Spanish and English allowing the Property
Owner to execute the waiver in their language of choice.
3. Written notarized waivers granted by the all the Protected Use Property Owners
within a one thousand (1,000) foot radius around the proposed Line Compressor
Site must be filed, at the expense of the Line Compressor Operator, in the
applicable county records. All waivers must identify the property address, block
and lot number, subdivision name and plat volume and page number. Copies of
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filed Protected Use Property Owner waivers must be submitted with the filing of a
completed application for a Line Compressor Site waiver within one thousand
(1,000) feet of a Protected Use.
SECTION 9.
Section 15-42, "Technical Regulations" of Article It, "Gas Drilling and Production" of
Chapter 15 "Gas", is hereby amended to add Paragraph D. 5 "Existing Line Compressor
Sites—Grandfathering Process"to read as follows:
5. Existing Line Compressor Sates—Grandfathering Process.
A. Existing Line Compressor Sates within City Limits. Line Compressor
operators shall notify the Inspector of existing Line Compressor Sites within. forty-
five (45) days of the effective date of the ordinance adopting this regulation in
order to designate those sites as "grandfathered" to prior ordinance requirements.
Notification shall include a surveyed site plan that clearly describes the boundary
of the Line Compressor Site and location of equipment and Buildings within the
Site. All Protected Uses within six-hundred(600) feet of the Site perimeter shall be
shown and dimensioned from the site boundary. Setbacks to a Protected Use of
six-hundred (600) feet from the site boundary must be met.
1. Line Compressor Sites permitted or built prior to February 3, 2009 shall submit
a noise management plan that demonstrates compliance with noise requirements
for industrial zoning. Line Compressor Operators shall be allowed to demonstrate
that the current actual ambient is greater than allowed which will become the new
ambient (requirement) for that location (measured at the property line of the noise
creator).
2. Line Compressor Sites permitted or built on or after February 3, 2009 shall
verify that a noise management plan that is in compliance with section 15-42, as
amended, is on file with the Inspector.
B. Annexed Sites. Compressor operators shall notify the Inspector of existing
Line Compressor Sites within forty five (45) days of annexation. Notification shall
include a surveyed site plan that clearly describes the boundary of the Line
Compressor Site and location of equipment and Buildings within the Site. All
Protected Uses within six hundred (600) feet of the site perimeter shall be shown
and dimensioned from the site boundary. Sites shall adhere to the noise
requirements for industrial zoning districts. Line Compressor Operators shall be
allowed to demonstrate that the current actual ambient is greater than allowed
which will become the new ambient (requirement) for that location (measured at
the property line of the noise creator).
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SECTION 10..
That this ordinance shall be cumulative of all other ordinances of the City of Fort Worth
and shall not repeal any of the provisions of such ordinances, except in those instances
where provisions of such ordinances are in direct conflict with the provisions of this
ordinance.
SECTION 11.
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the City Code, or any amendments thereto that have accrued at the
time of the effective date of this ordinance; and as to such accrued violations, and all
pending litigation, both civil or criminal, same shall not be affected by this ordinance but
may be prosecuted until final disposition by the courts.
SECTION 12.
That 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 void,
ineffective or unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs or 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 phrase, clause, sentence, paragraph or
section.
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SECTION 13.
That 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 (52000.00) for each offense. Each
day that a violation exists shall constitute a separate offense.
SECTION 14.
That the City Secretary of the City of Fort Worth,Texas is hereby directed to publish this
ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as
authorized by V.T.C.A. Local Government Code Subsection 52.013.
SECTION 15.
This ordinance shall take effect after adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
N/W
Christa R. Reynolds ,Mary Kays
Sr. Assistant City Attorney City Secretary
Adopted: September 10, 2013
Effective:
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Page 14 of 14
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 911012013 - Ordinance No. 20927-09-2013
DATE: Tuesday, September 10, 2013 REFERENCE NO.: G-17965(Revised)
LOG NAME: 062040 GAS LINE COMPRESSORS-R
SUBJECT:
Adopt Ordinance Amending Chapter 15 "Gas Drilling", Article II "Gas Drilling and Production"of the City
Code, Section 15-31 to Add Certain Definitions, Section 15-34 to Clarify the Technical Regulations Related
to Line Compressor Noise and Section 15-42 to Allow Gas Line Compressors in Planned Development and
Industrial Zoning Districts and to Establish Setback, Waiver and Grandfathering Requirements (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 15 "Gas Drilling",
Article 11 "Gas Drilling and Production", Section 15-31 to add certain definitions, Section 15-34 to clarify the
technical regulations related to the line compressor noise and Section 15-42 to allow gas line compressors
in "PD" Planned Development and industrial zoning districts and require setback, waiver and
grandfathering requirements.
DISCUSSION:
On December 9, 2008 and December 16, 2008, the City Council amended the City Code Chapter 15
which contains the regulations for the drilling, production and re-drilling of gas so that these activities may
be conducted in a manner that protects the public health and welfare of the citizens of Fort Worth and to
minimize the potential impact of surface property and mineral rights owners(Ordinance Numbers 18399
and 18412), On February 3, 2009, the City Council adopted Ordinance Number 18449 to combine the two
ordinances.
Currently, the regulations in Chapter 15 of the City Code restrict gas line compressors to "AG"Agricultural,
"I" Light Industrial, "J" Medium Industrial and "K" Heavy Industrial Districts. Line compressors may be
allowed in all other zoning districts but only by a special exception granted by the Zoning Board of
Adjustment.
After hearing concerns from certain neighborhood leaders and residents, the City Council directed staff to
reconsider the allowance of gas line compressors by right in AG zoning districts. Staff then presented a
text amendment (ZC-13-034) to the Zoning Commission on February 13, 2013 to amend the Zoning
Ordinance to allow gas line compressors in AG zoning districts only with a special exception granted by
the Board of Adjustment. The Zoning Commission recommended approval of the ordinance by a vote of
five to one, with one member abstaining.
On March 5, 2013, the zoning amendment was placed on the City Council agenda for
consideration. However, on that date, City Council requested Staff draft an ordinance for gas line
compressors that would require significant setbacks in non-industrial zoning districts rather than requiring
a special exception in AG zoning districts. On April 10, 2013 the Zoning Commission approved Staffs
withdrawal of the zoning amendment recommended for approval on February 13, 2013. Additionally, the
City Council approved a moratorium on the acceptance of applications for gas line compressors until
Logname: 062040 GAS LINE COMPRESSORS-R Page I of 2
August 6, 2013 on May 7, 2013 (M&C G-17883, Ordinance No, 20737-05-2013). On August 6, however,
City Council continued M&C G-17965 which provided for the adoption of an ordinance to allow gas line
compressors in "PD" Planned Development and industrial zoning districts and require setback and waiver
requirements and instructed staff to continue its discussions with neighborhood and industry leaders on a
proposed amendment to the City's regulations on gas line compressors. The City Council also extended
the moratorium until October 15 by the adoption of City Secretary Ordinance No. 20853-08-2013 (M&C G-
17966).
During the moratorium, Staff has worked with neighborhood and industry leaders on a proposed
Amendment to the City's regulations on gas line compressors. Based on public comments, Staff is now
recommending to the City Council that it adopt the attached ordinance to allow line compressors only in
"PD" Planned Development Districts as approved through Zoning Commission and the City Council and in
all industrial zoning districts. The ordinance would now require a 1,000 foot setback for all gas line
compressors in non-industrial districts. A reduction to 600 feet may be obtained with waivers from all
protected use property owners in the boundary, or by the City Council. The setback maybe further
reduced to 300 feet if fully enclosed for non-residential protected uses with waivers by property owners or
City Council. The ordinance provides for procedures for obtaining the waivers and/or City Council
approval, including notice provisions. The ordinance would also require that the Gas Drilling Review
Committee review the requests for gas line compressors requiring rezoning to a `PD"district, including
those that require City Council approval for a setback waiver. A grandfathering process for existing line
compressor sites is now outlined and required under the proposed attached ordinance.
In addition, Staff is recommending that Chapter 15 of the City Code be amended to add the definitions of
"Line Compressor Operator" and "Line Compressor Site" in Section 15-31, and to clarify the noise
standards specified in Sections 15-34 and 15-42. The amendment now allows operators to demonstrate
actual ambient levels and requires all gas line compressors to meet noise standards and other standards
such as landscaping as required by the City Code.
If City Council adopts this ordinance, then Staff will present a text amendment to the Zoning Commission
and then to the City Council to require "PD" Planned Development zoning for all gas line compressors in
non-industrial zoning districts.
FISCAL INFORMATION I CERTIFICATION:
The f=inancial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/AccountlCenters FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City_Manager"s Office by: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Rick Trice (7959)
Logname; 062040 GAS LINE COMPRESSORS-R Page 2 of 2