ORD 2013-28 - Development Code removal-addition ORDINANCE 2013-28
AN ORDINANCE OF THE CITY OF HUNTSVILLE AMENDING CHAPTER 24
LAND DEVELOPMENT OF THE HUNTSVILLE, TEXAS MUNICIPAL CODE OF
ORDINANCES BY REMOVING FROM CHAPTER FIVE OF THE
DEVELOPMENT CODE, SPECIFICALLY SECTION 501.6; REQUIRING THE
PUBLICATION OF THIS ORDINANCE; PROVIDING FOR A SEVERABILITY
CLAUSE; REPEALING ORDINANCES IN CONFLICT WITH THIS ORDINANCE;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission of the City of Huntsville at their meeting on
May 2, 2013 held a public hearing prior to consideration of the removal of Section 501.6 Gas
and oil well, from Chapter 5 of the Huntsville Development Code;
WHEREAS, the Planning and Zoning Commission recommended the removal of Section 501.6
Gas and oil well, from Chapter 5 of the Huntsville Development Code; and
WHEREAS, the City Council held a public hearing at their meetings on June 4, 2013 and June
18, 2013 prior to consideration of amending the Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, COUNTY OF WALKER, STATE OF TEXAS:
I. FINDINGS OF FACT
All of the above premises are hereby found to be true and correct legislative and factual findings
of the City of Huntsville, Texas, and are hereby approved and incorporated into the body of this
Ordinance as if copied in their entirety.
II. AMENDMENT
The Huntsville Code of Ordinances, Chapter 24, Land Development, is amended by removing
Section 501.6 Gas and oil wells from Chapter 5 of the current Development Code.
III. REPEALER
All ordinances or parts of ordinances in force when the provisions of this Ordinance becomes
effective which are inconsistent or in conflict with the terms and provisions contained in this
Ordinance are hereby repealed only to the extent of any such conflict.
IV. SEVERABILITY
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,
paragraphs and sections of this ordinance be 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 jurisdiction, such unconstitutionality shall not affect any of
Agenda Item #4&6c Page 4
ARTICLE III. -GAS AND OIL WELLS
Sec. 14-80. - Statement of purpose ,
The purpose of this article is to prohibit the drilling of oil and gas wells or proposed
disposal wells in certain specified areas, being deemed necessary because of the inherent
risks and the unusual damages attendant upon the extremely combustible nature of these
products and in their development, and to promote the health, safety and welfare of the
citizens of the city. This article also finds that the regulation of drilling of wells within the city
limits for the exploration of oil, gas, or liquid hydrocarbons, or well bores for disposal of salt
water or other oil and gas waste promotes the health, safety, and general welfare of its
people.
(Code 1981, § 15.01.01; Ord. of 12-14-1971, § 1: Or No. 2011-34, §2. 5-17-2011)
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Sec. 14-81. - Drilling prohibited upon certain lands.`,
(a)
It shall be unlawful for any person to drill oil or gas wells on any lands within the
densely populated portion of the city.
(b)
It shall be unlawful for any person to drill oil or gas wells on any lands situated within
500 feet of any dwelling for use by one or more families within the city limits.
(c)
It shall be unlawful for any person to drill oil or gas wells upon lands dedicated to
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public use within the area bounded by State Highway 19, Interstate Highway 45,
State Highway 75 North from Interstate Highway 45 and Farm to Market Road 2821,
and Farm to Market Road 2821.
(Code 1981. § 15.01.02; Ord. of 12-14-1971, §§2-4: Ord. No. 2011-34, §2. 5-17-2011)
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Sec. 14-82. - Penalty for violation.,
Any person violating the provisions of this article shall, upon conviction, be deemed
guilty of a misdemeanor and shall be punished as provided in section 1-11.
(Code 1981, § 15.01.03: Ord of 12-14-1971, § 5; Ord, No. 2011-34, §2, 5-17-2011)
' XI
Sec. 14-83. - Variances.
Should any person desire to conduct oil and gas well operations at a location
prohibited under section 14-81, the person shall file application with the city manager. The
city manager shall then forward the application to the city council within 30 days of its receipt.
The city council may grant the variance for drilling on certain lands provided they make
findings that the proposed location meets the purposes outlined in section 14-80.
a (Ord. No. 2011-34. §3, 5-17-2011)
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Agenda Itern #4&6c Page 3
CITY COUNCIL AGENDA
6/18/2013
Agenda Item: 4&6c
Item/Subject: Public Hearing&Second Reading: Consider Ordinance 2013-28 concerning the removal
of Section 501.6 Gas and Oil Wells from Chapter 5 of the Huntsville Development Code.
Initiating Department/Presenter:Community& Economic Development
Presenter:Aron Kulhavy,AICP, Director of Community& Economic Development
Recommended Motion: Move to adopt Ordinance 2013-28 to remove^ section 501.6,Gas and Oil
Wells from Chapter 5 of the Huntsville Development Code.
Strategic Initiative:Strategic Initiative#2- Huntsville is an economically diverse and developing
community.
Discussion: A conflict exists between the City of Huntsville Development Code and the Code of
Ordinances concerning oil and gas wells. The below discussion form outlines in detail the conflicts
between the ordinances.
The number of requests for information about the regulations of oil and gas drilling within the city limits
of Huntsville have increased significantly within the past year. This results in the need for the City to
provide clear information about the requirements to perform such activities in the city limits. With
differing language in the Code of Ordinances and the Development Code, clarity does not exist and the
chances for confusion are high.
The Planning and Zoning Commission held a public hearing on the removal of this section of the Code in
May 2013. After completion of the hearing, the Commission unanimously recommended approving
removal of this section with a request to the Council that the Planning Commission be tasked with
reviewing the oil and gas drilling ordinance in its entirety.
Previous Council Action: None; however,the Council did revise the section covering oil and gas wells in
Chapter 14 of the Code of Ordinances in May of 2011. First reading was June 4, 2013.
Financial Implications:
®There is no financial impact associated with this item.
❑Item is budgeted: - In the amount of$
El Item is not budgeted:
El Item is estimated to generate additional revenue:
Approvals: NCity Attorney El Director of Finance ®City Manager
Associated Information:
• Original Planning and Zoning Commission Discussion Form (p. 2)
• Code of Ordinances Chapter(p. 3)
• Ordinance 2013-28(pp.4-5)
Agenda Item #4&6c Page 1
PP
PLANNING AND ZONING COMMISSION
AGENDA ITEM DISCUSSION FORM
Prepared by: Aron Kulhavy, AICP, City Planner Rose Kader, Planner
SUBJECT: Development Code—Section 501.6 Gas and Oil Wells
MEETING DATE: May 2, 2013
TYPE OF REVIEW: Administrative
FACTS, CODE REQUIREMENTS AND CONDITIONS
During preliminary review of the Development Code with our consultants, staff discovered a
section of the code that is in direct conflict with the Code of Ordinances of the City.
Section 501.6 Gas and Oil Wells of the Huntsville Development Code states:
No person shall drill a gas or well within two hundred (200) feet of any dwelling.
Additionally, no person shall drill a gas and oil well upon lands dedicated to public use
within the city limits.
Chapter 14, Article III of the Code of Ordinances prohibits oil and gas wells situated within 500'
of any dwelling and places limitations on drilling for lands dedicated for public use. This
ordinance was adopted by the Council in May of 2011. The full text of this ordinance is attached
to this report.
Because of the conflict of this section of the Development Code with the Code of Ordinances of
the City of Huntsville and the recent review and approval of the chapter in the Code of
Ordinances, the conflict can be easily remedied by removing this section of the Development
Code in its entirety.
STAFF RECOMMENDATION:
Approve the removal of Section 501.6 Gas and oil wells from the Huntsville
Development Code.
ATTACHMENT:
Code of Ordinances, Part 11,Chapter 14,Article III—Gas and Oil Wells
Agenda Item#4&6c Page 2
the remaining phrases, clauses, sentences or sections of this ordinance, and the remainder of this
Ordinance shall be enforced as written.
V. EFFECTIVE DATE
This Ordinance shall take effect on June 18, 2013. The City Secretary shall publish the caption
of this Ordinance in the official City newspaper at least twice within ten (10) days of its passage.
VI. PROPER NOTICE AND MEETING
It is hereby officially found and determined that the meeting at which this Ordinance was passed
was open to the public and that public notice of the time, place and purpose of said meeting was
given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code.
Notice was also provided as required by Chapter 1 of the City of Huntsville Development Code.
I" Reading—June 4, 2013
PASSED AND APPROVED on this the 18`h day of June, 2013.
THE CITY OF HUNTSVILLE, TEXAS
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Mac Woodward,Mayor
AT ST:
Le W odwar , ity Secretary
APP)t0. D AS TO FORM:
o and Schneider, City Attorney