Title
Ordinance - Third and Final Reading on an Ordinance to Extend the Time Limit for Gas Well Drilling and Production Activities Under Specific Use Permit Ordinance No. 1709-08 at the Debbie Lane Unit Drill Site; Edge Resources (ZC#08-015R)
Requested Action
To consider the proposed ordinance
Description/History
On September 8, 2008, the City Council approved Specific Use Permit (SUP) Ordinance No. 1709-08 for gas well drilling and production for 36 wells and a line compressor station at the Edge Debbie Lane. One of the conditions of the SUP is that City Council approval is required for additional time for drilling after the end of the initial five year period, which ended on September 9, 2013. Edge Resources is requesting 5 more years to drill the remaining wells, with a subsequent renewal if all of the wells are not drilled within that period.
Staff has worked with Edge to bring the drill site into compliance with the City's current drilling regulations, including new landscaping and screening around the site and the appearance of the building containing the line compressor equipment. The details are shown on the site plan (Exhibit "A").
Staff recommends deleting Section 1, Paragraphs 1-3, of the Notes on the site plan. The City Attorney's draft ordinance already provides for a 5-year extension, with the possibility of further extensions approved by the City Council after public notice is given and public hearings are held at the Planning and Zoning Commission and City Council for each request. The applicant's procedure does not include a public notice or public hearing provision. The City Attorney's draft ordinance also includes a provision that leaves the conditions of the original SUP in effect except where modified by this ordinance.
Staff also recommends deleting Section 5 from the site plan. These provisions defer dedication of land to the City for drainage purposes and a deceleration lane before any improvements can be made to the existing site. As these provisions are not tied to a certain date, Staff recommends that the dedication documents be placed in escrow with an agent acceptable to the City, and that the dedications be released on or before the 3rd reading of this ordinance.
Third and Final Reading - January 26, 2015
We have the following issues with Edge Resource's 3rd reading:
Compliance with future amendments of gas well regulations in Chapter 114 of Code of Ordinance
The new site plan contains a new paragraph 7 regarding this issue, but it doesn't cover every topic in current discussion (see list below) and contains topics that may not be in the final adopted amendment.
· Permit expires after 180 days
· Upgraded combustion engine exhaust requirements
· Proposed fracking ban on Saturdays
· New neighborhood notification requirements (not neighborhood meeting) within 1000 feet
· Submission of an upgraded emergency response plan with all information required by the Fire Department
· Any potential air quality monitoring/emission testing requirements
· Provide vapor recovery units for tanks that produce emissions greater than 25 tons
Deed conveyance for drainage, linear park trail and deceleration lane
Through their attorney, Edge Resources stated that the deeds for the drainage right-of-way, park trail and deceleration lane will only be conveyed if they are completely satisfied with the terms of the approved ordinance and site plan.
Suggestion to restarting the public hearing process at the P&Z level with 200' property owners notification
Through their attorney, Edge Resources said that they don't want to delay the 3rd reading approval of the reauthorization ordinance
Third and Final Reading - May 11, 2015
Edge Resources has added paragraph 3 on the left side of the site plan to indicate that they will comply with the requirements of Chapter 114 of the Code of Ordinances as amended on March 23, 2015. No exception is listed.
Prepared By
Felix Wong, Director of Planning
817-276-4228