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HomeMy WebLinkAboutOrdinance 14703ORDINANCE NO. ~~ P'~' AN ORDINANCE ESTABLISHING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR PLANNED DEVELOPMENT ZONING FOR DRILLING AND PRODUCTION OF OIL AND GAS PENDING CONSIDERATION OF THE ADOPTION OF OIL AND GAS DRILLING AND PRODUCTION REGULATIONS, PROVIDING AN APPEAL PROCEDURE, PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, recently there has been increased interest m oil and/or gas dnllmg activity wrthm the City of Fort Worth and other area cities, WHEREAS, the City of Fort Worth currently requires Planned Development zoning for oil and gas drilling and production, but does not have comprehensive regulations concerning dnllmg and production of oil and gas, WHEREAS, it is advisable to study the effects of oil and gas dulling and production and to establish regulations governing such activities wrthm the city hmrts of Fort Worth, WHEREAS, the City Council anticipates that the Development Department will present proposed regulations on dulling and production of oil and gas to the City Council for consideration, 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 temporauly, except as otherwise provided herein, the acceptance of applications for Planned Development zoning for dnllmg and production of oil and gas m order to maintain the status quo pending consideration of the adoption of regulations relating to dulling and production of oil and gas. It is recognized that there is a need to establish such regulations m order to balance the City's interest m the protection of the public health, safety and welfare with the rights of mineral owners. B The intent of this ordinance is to promote the orderly development of the City of Fort Worth, to protect the public health, safety and 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 C Further, it is the intent of the City to address issues relating to drilling and production of oil and gas m the City m an expeditious manner and with due regard for the legal rights of the owners of mineral rights and owners of adjacent properties. SECTION 2. Definitions A. "Planned Development" means a zoning designation pursuant to Chapter 4, Article 3 of Ordinance No 13896, as amended, the zoning ordinance of the City of Fort Worth. B "Application" means an application for rezoning of property 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 application for Planned Development zoning for drilling and production of oil and gas. B The Development Director, building official, or other city official responsible under city regulations for reviewing an application, as defined herein, shall determine whether the apphcahon is subject to the moratorium. Acceptance of an application for the limited 2 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 Crty Council, this ordinance shall continue m effect until September 11, 2001, at 11 59 p.m., or until the City Council terminates the moratorium, whichever occurs first. SECTION 5. Appeals A. If the 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 m writing and shall be transmitted to the Office of the Crty Attorney wrthm ten days after receipt of notification that the application will not be accepted for filing. B The appeal shall be considered by the Crty 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 Council shall not release the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the Crty Council can reasonably conclude application of this ordinance to the applicant would be likely to deprave the applicant of rights protected by law 3 C The City Council may take the following actions on an appeal. (1) deny the appeal, in which case the application shall not be accepted, or (2) grant the appeal, and direct the Development Director to accept the application for filing and processing. D In no event shall acceptance of an application guarantee that the City will approve the Planned Development zoning request. SECTION 6. Not Applicable to Pending Applications This ordinance does not apply to applications that have been accepted by the City before the enactment of this ordinance Such applications shall be processed iri accordance with applicable policies and procedures and shall not be affected by the enactment of this ordinance. SECTION 7. Cumulative Effect 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 such conflicting provisions of such ordinances and. Code are hereby suspended for the period during which this ordinance is m 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 phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or 4 unconstitutional by the valid judgment or final decree of a court of competent ~unsdiction, 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 phrase, clause, sentence, paragraph or section. SECTION 9. Effective Date This ordinance shall take effect upon adoption. AP OVED A T ORM AND LEGALITY: ~ .~il'c l,.cJc Assistant Crt ttorney ADOPTED ~~ 7 ~o~ -~ EFFECTIVE ~/~ ~ ~ a ! 5 • City of Fort Worth, Texas ~1-~A~a~ And Caunc~l Caminun~cA~ian DATE REFERENCE NUMBER LOG NAME PAGE 7/17/01 G-13315 12DRILL 1 of 1 SUBJECT ADOPTION OF ORDINANCE ESTABLISHING A 90-DAY MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR PLANNED DEVELOPMENT ZONING FOR THE DRILLING AND PRODUCTION OF OIL AND GAS RECOMMENDATION --- ~ .r It is recommended that the City Council adopt the attached ordinance enacting a=d y moratorium on the acceptance of applications for Planned Development zoning for the drilling and production of oil and gas DISCUSSION The current City Code does not provide comprehensive regulations for oil and gas drilling and production On July 11, 2001, two applications for Planned Development zoning to permit the drilling and production of oil and gas were heard by the Zoning Commission at their regularly scheduled meeting The Commission voted to continue both cases until October 10, 2001, to allow the City Council time to consider the adoption of comprehensive regulations relating to oil and gas drilling within the city limits ofd Fort Worth It is anticipated that other applications requesting Planned Development zoning for oil and gas drilling and production will be filed with the Development Department. Adoption of the moratorium will maintain the status quo while staff prepares and presents to the City Council a proposed ordinance regulating oil and gas drilling and production within the city limits of Fort Worth The moratorium applies only to applications for Planned Development zoning requests for oil and gas drilling and production FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds. MG k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) PPROVED A Mike Groomer 6,40 Y COUNC CST Originating Department Head: " v~%a~ ~ GZy~ Q i /y ,~ JUL 17 2001 Bob Riley 8901 (from) Additional Information Contact: ~^~"'' "-`'u`~'`J Citq Secretary of th+a 't~~:ra Citgaf For:`f3arl2t Bob Riley 8901 , AclQpte~ Qrdinar~t,~ No. !~'f3"